Airline destroyed my bag, playing hardball
Discussion
My slightly fancy golf bag was damaged on a European flight returning to the UK, UK based airline, I've followed all the steps in time according to the Montreal convention, photos, witness, claiming £115 (the discounted as new purchase price) which is decent of me because an identical new replacement is closer to £300.
(It was correctly packaged in a shell case, I reckon the damage could only have been caused deliberately. I have insurance but particularly seeing as the damage looks deliberate I don't think it's morally right to claim on insurance for this).
Most of the airline replies appear AI generated and don't bear much relation to my claim, asking me to submit pictures I've already sent, asking me to contact their service provider etc. etc.
Anyway getting nowhere so have submitted a small claims court claim.
The flight was booked by the group leader of our holiday, all the correspondance I've sent to the airline has been in my name with my email etc. and they have now sent a court reply denying the claim to the group leader, not me.
Is that a GDPR breach, I didn't want him bothered with this stuff?
I'm not worried about having my day in court, my case is clear.
What arguments are they going to use disputing liability, the Montreal convention seems clear enough to me?
Cheers
(It was correctly packaged in a shell case, I reckon the damage could only have been caused deliberately. I have insurance but particularly seeing as the damage looks deliberate I don't think it's morally right to claim on insurance for this).
Most of the airline replies appear AI generated and don't bear much relation to my claim, asking me to submit pictures I've already sent, asking me to contact their service provider etc. etc.
Anyway getting nowhere so have submitted a small claims court claim.
The flight was booked by the group leader of our holiday, all the correspondance I've sent to the airline has been in my name with my email etc. and they have now sent a court reply denying the claim to the group leader, not me.
Is that a GDPR breach, I didn't want him bothered with this stuff?
I'm not worried about having my day in court, my case is clear.
What arguments are they going to use disputing liability, the Montreal convention seems clear enough to me?
Cheers
Isn't the issue that you have no contract with the airline as you didn't book / pay for the tickets. The person with the contract is the group leader that booked them, and I presume that's why they have responded to him. I expect that he is the only person that could make a (legal) claim.
CharlesElliott said:
Isn't the issue that you have no contract with the airline as you didn't book / pay for the tickets. The person with the contract is the group leader that booked them, and I presume that's why they have responded to him. I expect that he is the only person that could make a (legal) claim.
Can't really see where that is referenced in the Montreal convention, I believe I am a third party whose property has been damaged, obviously I paid the group leader back for my ticket. If that was the case legally then there was no reason for them to reply to him as it wasn't his claim, they should have just replied to the court and said the dispute all of the claim as I have no contract with them.
LunarOne said:
An person or entity is legally responsible when damage is caused to another person or entity's property, whether or not a contract between the two existed. Otherwise I'd go round destroying e-scooters safe in the knowledge that there would be no repercussions.
Thanks, yes, I would have thought so, makes sense to me. GasEngineer said:
"Airline destroyed my bag, playing hardball"
If the airline staff were playing hardball with your bag that would constitute negligence and I would have thought you have a vaild claim.
Do you have any evidence of said hardball game?
It's just a phrase in English, commonly an American-used one, to indicate when someone isn't willing to be cooperative, and instead are pushing hard to get the result that benefits themselves, with little to no compromise offered.If the airline staff were playing hardball with your bag that would constitute negligence and I would have thought you have a vaild claim.
Do you have any evidence of said hardball game?
spikeyhead said:
the-norseman said:
You have insurance for this kind of thing but dont want to claim on it?
If I break the windows on your insured house...In this case the airlines employees have deliberately smashed up my stuff and the way to stop it happening to other people is make them pay, not the insurance company.
Hammersia said:
In this case the airlines employees have deliberately smashed up my stuff and the way to stop it happening to other people is make them pay
Perhaps, but the law may not accommodate that. How do you prove your allegation? You might have reversed over it yourself, nobody knows.InitialDave said:
GasEngineer said:
"Airline destroyed my bag, playing hardball"
If the airline staff were playing hardball with your bag that would constitute negligence and I would have thought you have a vaild claim.
Do you have any evidence of said hardball game?
It's just a phrase in English, commonly an American-used one, to indicate when someone isn't willing to be cooperative, and instead are pushing hard to get the result that benefits themselves, with little to no compromise offered.If the airline staff were playing hardball with your bag that would constitute negligence and I would have thought you have a vaild claim.
Do you have any evidence of said hardball game?
the-norseman said:
Hammersia said:
In this case the airlines employees have deliberately smashed up my stuff and the way to stop it happening to other people is make them pay, not the insurance company.
Any proof?and was it the airlines or the airport handling staff?
poo at Paul's said:
spikeyhead said:
the-norseman said:
You have insurance for this kind of thing but dont want to claim on it?
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