Tilted Forum Project Discussion Community - View Single Post - my rights under the Montreal Convention 1999

roachboy · 05-15-2010, 07:58 AM

the wording of the convention would lead me to think that the claim is worth pursuing. the problem obviously is that there's no waybill or other documentation beyond the claim check...so no insurance, which would be the way to go here, ideally. you'd get paid out from the insurance co. and they can deal with the kafka-esque bureaucracy of the airlines. which i would imagine they don't actually do, the pay-out being paid for in the aggregate by other premiums paid in that weren't reversed through loss or whatever...wouldn't be worth the insurance company's trouble to fight them i wouldn't think.

ANYWAY a long time ago i worked in logistics and that's what my input's based on.

so the catch-22 that you're presented with is that the person who you initally dealt with didn't give a claim number, which is what allows the airline to now claim there is no claim even though when presented with the documentation they concede that there is a claim they just can't quite figure out which claim is the claim that you have. that sound about accurate? (yikes)

so there's some kind of shift that was to happen in their bureaucracy from potential claims resolved straight away (because the item is still inside the immediate stream of luggage and other stuff and is simply in the wrong place so it can be tracked and moved about, which requires no particular paperwork just scans of barcodes and stuff) and an actual claim (which happens at the point the item seems to disappear)...and (in effect) the airline's now trying to tell you that it was incumbent on you to make this transition?
that makes sense how?

i assume that since it's a personal effect and wasn't worth like 500 dollars (was it?) that you didn't have to clear anything with customs, correct? so there's no paper trail in that way and there's also no broker involved, right?

seems to me that the next move to make would be to talk with a broker who deals with airfreight and suss out what options you might have, if they know (they might)...

my advice is to pursue it a couple steps further anyway as the basis is there...the issue is procedural. but you knew that when you posted the thread. so i am thinking this response isn't really helping. but that's what i'd do.

05-15-2010, 07:58 AM	#6 (permalink)
roachboy Super Moderator Location: essex ma	the wording of the convention would lead me to think that the claim is worth pursuing. the problem obviously is that there's no waybill or other documentation beyond the claim check...so no insurance, which would be the way to go here, ideally. you'd get paid out from the insurance co. and they can deal with the kafka-esque bureaucracy of the airlines. which i would imagine they don't actually do, the pay-out being paid for in the aggregate by other premiums paid in that weren't reversed through loss or whatever...wouldn't be worth the insurance company's trouble to fight them i wouldn't think. ANYWAY a long time ago i worked in logistics and that's what my input's based on. so the catch-22 that you're presented with is that the person who you initally dealt with didn't give a claim number, which is what allows the airline to now claim there is no claim even though when presented with the documentation they concede that there is a claim they just can't quite figure out which claim is the claim that you have. that sound about accurate? (yikes) so there's some kind of shift that was to happen in their bureaucracy from potential claims resolved straight away (because the item is still inside the immediate stream of luggage and other stuff and is simply in the wrong place so it can be tracked and moved about, which requires no particular paperwork just scans of barcodes and stuff) and an actual claim (which happens at the point the item seems to disappear)...and (in effect) the airline's now trying to tell you that it was incumbent on you to make this transition? that makes sense how? i assume that since it's a personal effect and wasn't worth like 500 dollars (was it?) that you didn't have to clear anything with customs, correct? so there's no paper trail in that way and there's also no broker involved, right? seems to me that the next move to make would be to talk with a broker who deals with airfreight and suss out what options you might have, if they know (they might)... my advice is to pursue it a couple steps further anyway as the basis is there...the issue is procedural. but you knew that when you posted the thread. so i am thinking this response isn't really helping. but that's what i'd do. __________________ a gramophone its corrugated trumpet silver handle spinning dog. such faithfulness it hear it make you sick. -kamau brathwaite