TAP refused damage luggage claim - what next

ajb69

LilElvis wrote: »

If you are correct and the damage occurred during the baggage handling process then the "guilty party" is the airport rather than the airline.

I could be wrong, but I believe the airline engaged the airport baggage handlers as their agents, so the claim would be against the airline.

andykn

ajb69 wrote: »

OK, thanks for the replies. A court would obviously be in possession of photos and your personal evidence, so we can't provide any advice on how they would decide based on the balance of probabilities. TAP may not even turn up, so you may win simply because of that.

Having said that, you'd be very lucky to get new-for-old replacement costs out of the airline - so you'd need to base your claim around how much a toothbrush and razor are worth after a few years use. I don't know, but I suspect a lot less.

You'd also need to prove, on the balance of probabilities, that the damage did not occur "[because] the damage resulted from the inherent defect, quality or vice of the baggage". As Shaun from Africa says above, this is a tough call - you are suing, so the presumption will be in favour of the defendant. I'm not an expert (as I mentioned above), but I can't see a spot of grease being decisive unless you have other evidence - including photos showing that the spot of grease was not present before travel.

Sorry to be negative, but...claim on your travel insurance, which may even offer new for old replacement if you are lucky.

Thanks for the good advice. I must admit I can't see suing in small claims worth it, I was just hoping that their might be some sort of industry body or ombudsman I could easily appeal to instead of having to fill out an insurance claim.

LilElvis

shaun_from_Africa wrote: »

That doesn't matter.
Once the baggage is handed over to the airline at the check in desk, they are responsible for it irrespective of whether it was them or one of their subcontractors that caused any damage.

I should have made myself clearer! I did not intend to suggest that the OP should seek recourse from the airport operator because, as you say, the airline is ultimately responsible for the actions of those acting as their agents. The OP says he wants the "guilty party" to be the one who reimburses him for his loss rather than his insurers, and thereby "innocent" travellers through increased premiums. My intention was to point out that, if the damage occurred during the baggage handling process, the airline is not actually the party directly at fault, though legally liable. I should also have said that a claim against the airline could also impact other travellers through increased fare costs, just as a claim through insurance could impact future travellers through increased premiums.

Apologies again. Proof, if I needed it, that I can't multi-task, ie post coherently whilst chiding my daughter that if she doesn't finish her dinner she doesn't get to go swimming.

hcb42

You pay insurance for these kind of situations. Not sure why filling a form in is more difficult that taking on a major piece of legislation. Last time I made a travel claim, it was all done over the phone and money in account within days......

andykn

hcb42 wrote: »

You pay insurance for these kind of situations. Not sure why filling a form in is more difficult that taking on a major piece of legislation. Last time I made a travel claim, it was all done over the phone and money in account within days......

Well, I was hoping that thee might be some sort of ombudsman service I could just effectively copy and paste my original complaint to.

And make the guilty party pay rather then letting them off the hook.

Who knows, it might prevent this happening to other travellers.

andykn

LilElvis wrote: »

I should have made myself clearer! I did not intend to suggest that the OP should seek recourse from the airport operator because, as you say, the airline is ultimately responsible for the actions of those acting as their agents. The OP says he wants the "guilty party" to be the one who reimburses him for his loss rather than his insurers, and thereby "innocent" travellers through increased premiums. My intention was to point out that, if the damage occurred during the baggage handling process, the airline is not actually the party directly at fault, though legally liable. I should also have said that a claim against the airline could also impact other travellers through increased fare costs, just as a claim through insurance could impact future travellers through increased premiums.

Apologies again. Proof, if I needed it, that I can't multi-task, ie post coherently whilst chiding my daughter that if she doesn't finish her dinner she doesn't get to go swimming.

If TAP fares go up TAP suffer lost business because of a fault for which they are liable.

If the insurance premiums go up the insurance co suffer through no fault of their own.