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gn a statement in which you agree to check it at
your own risk. But even if you do sign this form, the
airline might be liable for damage if it is caused by
its own negligence shown by external injury to the
suitcase or package.
Delayed bags
If you and your suitcase don't connect at your
destination, don't panic. The airlines have very
sophisticated systems that track down about 98% of
the bags they misplace and return them to their
owners within hours. In many cases they will absorb
reasonable expenses you incur while they look for
your missing belongings. You and the airline may
have different ideas of what's reasonable, however,
and the amount they will pay is subject to
negotiation.
If your delayed bag is declared lost, you will have to
fill out a second form.
If your bags don't come off the conveyor
belt, report this to the airline before you leave the
airport. Insist that they fill out a form and give you a
copy, even if they say the bag will be in on the next
flight. If the form doesn't contain the name of the
person who filled it out, ask for it. Get an
appropriate phone number for following up (not the
Reservations number). Don't assume that the airline
will deliver the bag without charge when it is found;
ask them about this.
Most carriers set guidelines for their airport
employees that allow them to disburse some money
at the airport for emergency purchases. The amount
depends on whether or not you're away from home
and how long it takes to track down your bags and
return them to you.
If the airline does not provide you a cash
advance, it may still reimburse you later for the
purchase of necessities. Discuss with the carrier the
types of articles that would be reimbursable, and
keep all receipts.
If the airline misplaces sporting equipment,
it will sometimes pay for the rental of replacements.
For replacement clothing or other articles, the carrier
might offer to absorb only a portion of the purchase
cost, on the basis that you will be able to use the
new items in the future. (The airline may agree to a
higher reimbursement if you turn the articles over to
them.)
When you've checked in fresh foods or any
other perishable goods and they are ruined because
their delivery is delayed, the airline won't reimburse
you. Carriers may be liable if they lose or damage
perishable items, but they won't accept
responsibility for spoilage caused by a delay in
delivery.
Airlines are liable for provable
consequential damages up to the amount of their
liability limit (see below) in connection with the
delay. If you can't resolve the claim with the
airline's airport staff, keep a record of the names of
the employees with whom you dealt, and hold on to
all travel documents and receipts for any money you
spent in connection with the mishandling. (It's okay
to surrender your baggage claim tags to the airline
when you fill out a form at the airport, as long as
you get a copy of the form and it notes that you gave
up the tags.) Call or write the airline's consumer
office when you get home.
Lost luggage
Once your bag is declared officially lost, you will
have to submit a claim. This usually means you have
to fill out a second, more detailed form. Check on
this; failure to complete the second form when
required could delay your claim. Missing the
deadline for filing it could invalidate your claim
altogether. The airline will usually refer your claim
form to a central office, and the negotiations
between you and the airline will begin. If your flight
was a connection involving two carriers, the final
carrier is normally the one responsible for
processing your claim even if it appears that the first
airline lost the bag.
Airlines don't automatically pay the full
amount of every claim they receive. First, they will
use the information on your form to estimate the
value of your lost belongings. Like insurance
companies, airlines consider the depreciated value of
your possessions, not their original price or the
replacement costs.
If you're tempted to exaggerate your claim,
don't. Airlines may completely deny claims they
feel are inflated or fraudulent. They often ask for
sales receipts and other documentation to back up
claims, especially if a large amount of money is
involved. If you don't keep extensive records, you
can expect to dicker with the airline over the value
of your goods.
Generally, it takes an airline anywhere
from six weeks to three months to pay you for your
lost luggage. When they tender a settlement, they
may offer you the option of free tickets on future
flights in a higher amount than the cash payment.
Ask about all restrictions on these tickets, such as
“blackout” periods and how far before departure you
are permitted to make a reservation.
Limits on liability
The airlines' domestic liability limit is generally
$1250 per person.
If your bags are delayed, lost or damaged on a
domestic trip, the airline can invoke a ceiling of
$1250 per passenger on the amount of money they'll
pay you. When your luggage and its contents are
worth more than that, you may want to purchase
“excess valuation,” if available, from the airline as
you check in. This is not insurance, but it will
increase the carrier's potential liability. The airline
may refuse to sell excess valuation on some items
that are especially valuable or breakable, such as
antiques, musical instruments, jewelry, manuscripts,
negotiable securities and cash.
On international trips, the liability limit is
set by a treaty called the Warsaw Convention.
Unless you buy excess valuation, the liability limit is
$9.07 per pound ($20 per kilo). In order to limit its
liability to this amount, the airline must use one of
the following procedures:
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