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Damage bag compensation from US Airline?
LucyVanJamieson
Posts: 12 Forumite
Sorry if this drags on, I'm in South Africa, travelling, with very little money, and would dearly like some help here.
My story...
I travelled in the USA with Delta Airlines four months ago.
I got my suitcase off the San Fran luggage carousel on 27th August to find the case ripped apart, a big hole in the chassis, and the frame broken, not to mention bits of material hanging off, and oil on the case (the luggage report details this quite clearly). I went to the baggage office to report it. It seemed okay because the very first thing inside the hole was a bag of laundry, blocking it. The hole did not even seem so big. I asked for a luggage report, and the baggage girl told me that this sort of thing happened all the time when “cases get caught up in the machinery.” She enquired and I told her I had insurance which might cover it, otherwise, I told her I would send a claim to Delta.
I got my case home, discovering on the train that someone had evidentally pushed the broken frame back into the case - ‘tucking it in,’ and the hole was bigger than it had first appeared, when stuff started falling out of it and my case literally began falling apart. It was comical, at least until I discovered that many item were missing. I took pictures in my hostel. I emailed two head people at Delta immediately, desperate to locate my belongings which had to be somewhere between San Diego and San Francisco airports. I was simply devastated.
I chased up a call and/or email response three times over the next three weeks to the same email addresses. Eventually, Janet from bagage reclaim deemed to called me. She told me nobody had bothered looking for my stuff, that bags get chewed up “behind the scenes” so backstage CCTV footage could not be checked, and that this sort of thing happens so much it is imposible to look for individuals mising items. She told me she would send me a claim form to fill in to receive compensation, and that Delta could issue me “travel vouchers.” I made it known to her that first of all, the prioity for me was getting my stuff back. She reiterated there was no hope of this. I told her that unless I could sell a shedload of ‘travel vouchers’ to get my money back I expected monetary compensation, and indeed how the hell could Delta not pay me as I’d paid my checked luggage fee and the bag was their reponsiblity. Further, my insurance did not cover the items as the bag was in the hands of a carrier. I told her only money would suffice, or I’d take legal action. She did not say anything like “Delta aren’t liable so we won’t cover it” (the reason being it would have been ridiculous to say this as they surely are liable) but went on to ask me about receipts. I told her any receipts were at home and she told me that “whatever receipts you have will be helpful.” We ended the call in no uncertain terms – I expected Delta to pay for the damage and lost items. She did not say this would not happen. In fact she mentioned “making an exception.”
I repeat: AT NO POINT in this call was there talk about my damaged bag not being something Delta were liable for. This ridiculous assertion didn’t start popping up until Delta's head of baggage reclaim got on the scene.
I waited over a month for my application form, emailing twice chasing it up. It was finally sent, along with an apology for “forgetting to send it.” There was a limit of compensation on the form detailed as $3300. I spent some £700 on replacement clothes in this period.
I emailed the completed form almost immediately. This was not sent, it turns out, even though I hit the submit button in the form itself. It is a stupid online form - I assumed it has been sent when it might not have been, on tapping the submit button, because it looked like nothing was meant to happen on submitting it.
I found out weeks later that this is what happened. I took the time to fill out the form again and sent it, again, only to be told a week later that the form I submitted was in an unreadable format – despite the form stating it was acceptable to send the form in this way. Utterly ridiculous.
I sent it once more, to Delta's head of baggage, who for some unknown reason had taken ownership of this complaint by now. I told him that I needed the monetary compensation paid out ealy December so to survive in Cape Town, and that I was off email for two weeks, trekking in Chiang Mai. I sent my bank details for a bank transfer of the compensation. He had the gall to state that there was a ‘zipper malfunction’ on the bag (complete !!!!!!!!), but that none-the-less an exception was being made in my case, and I needed to send credit card proof of my claim as I had no receipts – the first time a staff member at Delta had mentioned this being acceptable. He sent me a $100 travel voucher, despite my telling him I would never travel Delta again.
Two weeks later, perilously close to being skint and homeless, I sent credt card proof, and told this man to stop talking rubbish re: ‘zipper malfunction’ and to speak to the San Fran airport luggage attendant and to check the baggage reclaim CCTV footage. I waited a week, having communicated that I desperately needed this money to survive here in Cape Town. Nothing. I emailed chasing it up again, stating the immediacy of all this. Nothing. Last Monday, a further week later, I called and left him a sharp message. I called again Tuesday and left a message with a staff member.
Finally, this horrible man emails me an offer of $800 in travel vouchers?!? I am in utter disbelief. How in the world do Delta think they can get away with acting like this? Are they so arrogant that they believe I will not hound them all to the ends of the earth to make sure they pay for the mess they have made of my life? And now you have the cheek to tell me I am no longer welcome on their flights, following my righteous emil to them to slag them off for this disgusting behaviour.
I have sent this man proof of my limited fincances in the last three weeks, so why he only six days ago told me no monetary compensatino was going to be offered, when I’ve also been requesting this since I spoke to Janet last September, and led to believe up until now it would be forthcoming, is beyond me. Further, I have asked him how I can obtain a copy of the call resording with Janet, who was the first to lead me to believe I would be paid out money for my damaged bag and missing items. No answer has come to this question. In fact, all he has done is told me to “write” to Delta's legal department, despite his knowing I am about to be made homeless because of this situation. I have barely £120 to my name, I have nowhere to turn for further monies. I am going to be homeless in Cape Town from Boxing Day.
Delta have ruined my trip here, and the end of my travels.
I took photos of the damage to my bag, by the way.
Does anyone know my rights here, and what I can take them to Court for?
My story...
I travelled in the USA with Delta Airlines four months ago.
I got my suitcase off the San Fran luggage carousel on 27th August to find the case ripped apart, a big hole in the chassis, and the frame broken, not to mention bits of material hanging off, and oil on the case (the luggage report details this quite clearly). I went to the baggage office to report it. It seemed okay because the very first thing inside the hole was a bag of laundry, blocking it. The hole did not even seem so big. I asked for a luggage report, and the baggage girl told me that this sort of thing happened all the time when “cases get caught up in the machinery.” She enquired and I told her I had insurance which might cover it, otherwise, I told her I would send a claim to Delta.
I got my case home, discovering on the train that someone had evidentally pushed the broken frame back into the case - ‘tucking it in,’ and the hole was bigger than it had first appeared, when stuff started falling out of it and my case literally began falling apart. It was comical, at least until I discovered that many item were missing. I took pictures in my hostel. I emailed two head people at Delta immediately, desperate to locate my belongings which had to be somewhere between San Diego and San Francisco airports. I was simply devastated.
I chased up a call and/or email response three times over the next three weeks to the same email addresses. Eventually, Janet from bagage reclaim deemed to called me. She told me nobody had bothered looking for my stuff, that bags get chewed up “behind the scenes” so backstage CCTV footage could not be checked, and that this sort of thing happens so much it is imposible to look for individuals mising items. She told me she would send me a claim form to fill in to receive compensation, and that Delta could issue me “travel vouchers.” I made it known to her that first of all, the prioity for me was getting my stuff back. She reiterated there was no hope of this. I told her that unless I could sell a shedload of ‘travel vouchers’ to get my money back I expected monetary compensation, and indeed how the hell could Delta not pay me as I’d paid my checked luggage fee and the bag was their reponsiblity. Further, my insurance did not cover the items as the bag was in the hands of a carrier. I told her only money would suffice, or I’d take legal action. She did not say anything like “Delta aren’t liable so we won’t cover it” (the reason being it would have been ridiculous to say this as they surely are liable) but went on to ask me about receipts. I told her any receipts were at home and she told me that “whatever receipts you have will be helpful.” We ended the call in no uncertain terms – I expected Delta to pay for the damage and lost items. She did not say this would not happen. In fact she mentioned “making an exception.”
I repeat: AT NO POINT in this call was there talk about my damaged bag not being something Delta were liable for. This ridiculous assertion didn’t start popping up until Delta's head of baggage reclaim got on the scene.
I waited over a month for my application form, emailing twice chasing it up. It was finally sent, along with an apology for “forgetting to send it.” There was a limit of compensation on the form detailed as $3300. I spent some £700 on replacement clothes in this period.
I emailed the completed form almost immediately. This was not sent, it turns out, even though I hit the submit button in the form itself. It is a stupid online form - I assumed it has been sent when it might not have been, on tapping the submit button, because it looked like nothing was meant to happen on submitting it.
I found out weeks later that this is what happened. I took the time to fill out the form again and sent it, again, only to be told a week later that the form I submitted was in an unreadable format – despite the form stating it was acceptable to send the form in this way. Utterly ridiculous.
I sent it once more, to Delta's head of baggage, who for some unknown reason had taken ownership of this complaint by now. I told him that I needed the monetary compensation paid out ealy December so to survive in Cape Town, and that I was off email for two weeks, trekking in Chiang Mai. I sent my bank details for a bank transfer of the compensation. He had the gall to state that there was a ‘zipper malfunction’ on the bag (complete !!!!!!!!), but that none-the-less an exception was being made in my case, and I needed to send credit card proof of my claim as I had no receipts – the first time a staff member at Delta had mentioned this being acceptable. He sent me a $100 travel voucher, despite my telling him I would never travel Delta again.
Two weeks later, perilously close to being skint and homeless, I sent credt card proof, and told this man to stop talking rubbish re: ‘zipper malfunction’ and to speak to the San Fran airport luggage attendant and to check the baggage reclaim CCTV footage. I waited a week, having communicated that I desperately needed this money to survive here in Cape Town. Nothing. I emailed chasing it up again, stating the immediacy of all this. Nothing. Last Monday, a further week later, I called and left him a sharp message. I called again Tuesday and left a message with a staff member.
Finally, this horrible man emails me an offer of $800 in travel vouchers?!? I am in utter disbelief. How in the world do Delta think they can get away with acting like this? Are they so arrogant that they believe I will not hound them all to the ends of the earth to make sure they pay for the mess they have made of my life? And now you have the cheek to tell me I am no longer welcome on their flights, following my righteous emil to them to slag them off for this disgusting behaviour.
I have sent this man proof of my limited fincances in the last three weeks, so why he only six days ago told me no monetary compensatino was going to be offered, when I’ve also been requesting this since I spoke to Janet last September, and led to believe up until now it would be forthcoming, is beyond me. Further, I have asked him how I can obtain a copy of the call resording with Janet, who was the first to lead me to believe I would be paid out money for my damaged bag and missing items. No answer has come to this question. In fact, all he has done is told me to “write” to Delta's legal department, despite his knowing I am about to be made homeless because of this situation. I have barely £120 to my name, I have nowhere to turn for further monies. I am going to be homeless in Cape Town from Boxing Day.
Delta have ruined my trip here, and the end of my travels.
I took photos of the damage to my bag, by the way.
Does anyone know my rights here, and what I can take them to Court for?
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Comments
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LucyVanJamieson wrote: »I have barely £120 to my name, I have nowhere to turn for further monies. I am going to be homeless in Cape Town from Boxing Day.
Sorry to hear your tale of woe but this is not Delta's fault!
If you were travelling with such limited funds why did you need to spend £700 on clothes? Aside from that you would have been left with only £820 and if you are travelling long term with no further financial back-up plan in place in case of emergencies then you are either naive or foolish.
Even if you could take Delta to court for monies owed (I have no idea if this would even be possible) then it is likely to be a long, drawn out affair and will be of no help to you in your current situation.
If you really are in dire straits I would be calling in favours with either friends or family and have someone send you some funds or maybe contact the Embassy/Consulate of your home country. Good luck!
PS: if your situation is as desperate as you say then I would suggest you change the title of your thread with some urgency to something reflecting that rather than what appears to be some random 'compo' query.0 -
I had to buy clothes, the airline lost most of mine, including shoes, gifts for people...0
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LucyVanJamieson wrote: »I had to buy clothes, the airline lost most of mine, including shoes, gifts for people...
You had no money but you had to buy gifts?
Sorry your post was to long to read all, have you tried your insurance if Delta wont play ball0 -
I was expecting Delta to pay out - how can they not? They took possession of my bags and this happened! My insurance won't cover me whilst in the hands of a carrier.0
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The gifts were necessary - I went to the Burning Man festival. You aren't allowed money, you have to barter gear.0
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Nobody? Please, I need help!!!0
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You are right, assuming you are now homeless in Cape Town? Did you contact family/friends/gov't depts for assistance as I suggested?0
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Virgin lost Mrs Pb's bag coming back from NY in Sept 2011 and she got her pay out in April 2012, oh and it was nowhere near the amount of the items in her baggage when it was lost.
So lessons to be learnt:
its not a quick process
dont expect to get back anywhere near what you paid for itemsLive each day like its your last because one day you'll be right0 -
£700 on clothes when skint? Are you mental? Is there no Primark or equiv in South Africa.0
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It sounds like the OP is in a horrible situation and has come here for help so, rather than berating her for spending so much money on clothes (which clearly was an error of judgement), perhaps posters should only respond if they have genuine advice to offer?
I don't know the legal position but you should be trying to sort out a money transfer from family/friends, to help you now. I would say that it will be easier to pursue compensation when you are back at home, with your receipts, and are able to respond promptly to any correspondence. It seems pointless for Delta to ask for bank details if they were only going to send you travel vouchers, so at some point they must have been considering monetary compensation - you should press this point in your next correspondence with them.
You mention being barred from all their flights now, I presume that they took the tone of your email to be abusive. I know it's easy to lose your temper in these situations, but it won't do you any favours, as you've now found out. Try to stay calm, again this will be easier when you are back at home and perhaps a friend can review any correspondence before you send it, to make sure it covers all points and will be well received.
I hope you are ok and get everything sorted.I am Doll Parts
Bad Skin, Doll Heart0
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