so you think that im fighting a futile cause?
the airline has acknowledged that i couldnt have possibly recieved the stroller since it was put on the carousel at the stopover, when it should have been transferred onto the next plane. since we went straight into transit for the next flight, i could argue that we never recieved it. it was physically impossible to take the stroller because we didnt go through customs. This is quite obvious from the tags because all the bags with the exception of the stroller had the same tags. i'm sure if they looked hard enough they would find my stroller with my tag still on it.
i'd like to think that i'd at least have a shot at it if i could argue that the Montreal Convention takes precedance over any airline policy.
the fact of the matter is that i was advised by THEIR airline staff to call the number and not fill in the paperwork. They advised me to break their own protocol, so i had done nothing wrong when reporting the lost stroller.
They told me a few days ago that they couldnt break policy in compensating me in case they get audited, which i understand..but i just want my damn stroller back!
apart from the fact that it was an expensive brand new stroller (and it cost me even more to buy another one while on holidays) and the inconvenience caused, i'd love to have a go at these bastards if i think ive got a shot.
---------- Post added at 01:06 AM ---------- Previous post was at 12:53 AM ----------
FYI
this is from the Montreal Convention
Quote:
Article 17 - Death and injury of passengers - damage to baggage.
1. The carrier is liable for damage sustained in case of death or bodily injury of a passenger upon condition only that the accident which caused the death or injury took place on board the aircraft or in the course of any of the operations of embarking or disembarking.
2. The carrier liable for damage sustained in case of destruction or loss of, or of damage to, checked baggage upon condition only that the event which caused the destruction, loss or damage took place on board the aircraft or during any period within which the checked baggage was in the charge of the carrier. However, the carrier is not liable if and to the extent that the damage resulted from the inherent defect, quality or vice of the baggage. In the case of unchecked baggage, including personal items, the carrier is liable if the damage resulted from its fault or that of its servants or agents.
3. If the carrier admits the loss of the checked baggage, or if the checked baggage has not arrived at the expiration of twenty-one days after the date on which it ought to have arrived, the passenger is entitled to enforce against the carrier the rights which flow from the contract of carriage.
4. Unless otherwise specified, in this Convention the term "baggage" means both checked baggage and unchecked baggage.
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