Indian Airline Lost our checked luggage

Kalashnikov

eskbanker said:

Kalashnikov said:

eskbanker said:

Kalashnikov said:

Inbound - Air Vistara - soon to be consolidation into Air India. Agree nationality doesn't make a diff, they are just pushing local regs onto me as an excuse. 

What and how can i respond 

I guess the issue here is that there were two legs, and if baggage is lost then it may not be known whether it was on the domestic or the international one, or have they given any indication?

Air Vistara do have different terms for domestic and international travel, with only the latter reflecting the Montreal Convention provisions (and its higher reimbursement cap in particular) in clause 29.2 at https://www.airvistara.com/gb/en/terms-and-conditions/travel-outside-india

To what extent can you substantiate the value of the higher claim?

500 odd pounds of gifts / clothes for two daughter in laws and daughter. 

To what extent can you substantiate the value of the higher claim to the airline, i.e. do you have supporting receipts for everything?

Yes 

But we are straying away from the original question. 

What regulation and guidelines are applicable. Does what they state in thier email hold water ? I guess the people on this forum dont know or aren't qualified to answer. 

I will call CAA tomorrow. 

Wonka_2

Kalashnikov said:

Yes 

But we are straying away from the original question. 

What regulation and guidelines are applicable. Does what they state in thier email hold water ? I guess the people on this forum dont know or aren't qualified to answer. 

I will call CAA tomorrow. 

OK - so given your desire for legal guidance (without paying for it) I've reached out to an Indian colleague - a regular flyer both domestically and internationally

Yes - for international flights India signed up to the Montreal Convention but your case is such that with a domestic flight first, unless you can prove that the bag made it onto the second flight, they'll claim it was 'lost' on the first and therefore offer the lower amount (as they have).

Given India don't have SAR (or equivalent) I'm not sure how you'll disprove their hypothesis of 'where' it was lost

To add to @eskbanker equally valid question even if you persuade them that it was on a qualifying flight under the MC you'll still have to qualify the value you're claiming e.g. relatively high case cost (receipt/picture of it ?) together with receipts for the gifts in the case

Hopefully you'll update us with what the CAA say if they give you a route to progress

Kalashnikov

Wonka_2 said:

Kalashnikov said:

Yes 

But we are straying away from the original question. 

What regulation and guidelines are applicable. Does what they state in thier email hold water ? I guess the people on this forum dont know or aren't qualified to answer. 

I will call CAA tomorrow. 

OK - so given your desire for legal guidance (without paying for it) I've reached out to an Indian colleague - a regular flyer both domestically and internationally

Yes - for international flights India signed up to the Montreal Convention but your case is such that with a domestic flight first, unless you can prove that the bag made it onto the second flight, they'll claim it was 'lost' on the first and therefore offer the lower amount (as they have).

Given India don't have SAR (or equivalent) I'm not sure how you'll disprove their hypothesis of 'where' it was lost

To add to @eskbanker equally valid question even if you persuade them that it was on a qualifying flight under the MC you'll still have to qualify the value you're claiming e.g. relatively high case cost (receipt/picture of it ?) together with receipts for the gifts in the case

Hopefully you'll update us with what the CAA say if they give you a route to progress

Cheers thanks for the followup info  To note the domestic flight was on all on ticket. So whether the bag was lost on the 1st leg or not really shouldnt be my responsibility to prove. Ill report back here if the CAA give me any clarity 

Voyager2002

Wonka_2 said:

To add to @eskbanker equally valid question even if you persuade them that it was on a qualifying flight under the MC you'll still have to qualify the value you're claiming e.g. relatively high case cost (receipt/picture of it ?) together with receipts for the gifts in the case

I understood that the compensation laid down by the Montreal Convention was based on the weight of the lost bag rather than its actual contents (and in any case was a derisory amount when compared with the actual value of the contents of most bags).

eskbanker

Kalashnikov said:

eskbanker said:

Kalashnikov said:

eskbanker said:

Kalashnikov said:

Inbound - Air Vistara - soon to be consolidation into Air India. Agree nationality doesn't make a diff, they are just pushing local regs onto me as an excuse. 

What and how can i respond 

I guess the issue here is that there were two legs, and if baggage is lost then it may not be known whether it was on the domestic or the international one, or have they given any indication?

Air Vistara do have different terms for domestic and international travel, with only the latter reflecting the Montreal Convention provisions (and its higher reimbursement cap in particular) in clause 29.2 at https://www.airvistara.com/gb/en/terms-and-conditions/travel-outside-india

To what extent can you substantiate the value of the higher claim?

500 odd pounds of gifts / clothes for two daughter in laws and daughter. 

To what extent can you substantiate the value of the higher claim to the airline, i.e. do you have supporting receipts for everything?

Yes 

But we are straying away from the original question. 

What regulation and guidelines are applicable. Does what they state in thier email hold water ? I guess the people on this forum dont know or aren't qualified to answer. 

I will call CAA tomorrow. 

Seems to me that you chose to pick up only on the least significant part of my post, rather than the key differentiation between domestic and international legs (not just within the airline's terms but also the Montreal Convention itself), but it's a complex area so let's see what the CAA's interpretation is!

Alan_Bowen

I rather fear your expectations that the CAA will have the vaguest idea to be rather too high. At best they can advise on the law applicable for departures from the UK, alas I have serious doubts they will want to offer advice on flights, internal and international, leaving India, but I would be delighted to be proved wrong.

Kalashnikov

So heres the final update 

They paid out in accordance to Montreal convention not local domestic indian regulations and guidelines. 

They paid out cash on combination of items with and without invoices. Which i detailed in our email.

"Thank you for writing us back.

In reference to your email, werequest you to kindly share with us invoices with regards to contents of the bag to review the lost baggage compensation as per Montreal convention.

We shall respond to you at the earliest upon hearing from you.

Thank you for contacting.

Have a good day!"

[Deleted User]

Thanks for updating us.