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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10915
Experience:  Solicitor with 5+ years experience
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I booked a 2 week trip to Goa,India with XXXXX XXXXX Travel.I

Customer Question

I booked a 2 week trip to Goa,India with XXXXX XXXXX Travel.I travelled on XXXXX XXXXX Airlines.My baggage was mislaid leaving me with the clothes I stood in.I had packed my gout medication,sun tan oil,after sun etc.I went through all correct procedures in reporting my predicament.I was informed on the last day of my holiday that Icould collect my baggage at Gatwick on my return.I had skrimped on clothing purchases, bag ,medication ,razor,etc.Part of my holiday was wasted shopping for necesaries to see me through.The bulk of purchases were made on locals stalls and did not give receipts.I was out of pocket by over 200 pounds. I submitted my claim to XXXXX XXXXX.Was offered 75 pounds.which I rejected. I was then sent a checq for 75 pounds which I have not banked.what do i do next?
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.

Alex Watts :

Hello my name is XXXXX XXXXX I will help you with this. Please note that I am a working Solicitor and may be on and offline as I have to attend Court and meet with clients, even at weekends. As such you may not get an instant response when you reply as this is not an ‘on demand’ live service, but rest assured I will be giving your question my immediate attention upon return. There is no need to wait here, you will get an email when I reply.

Alex Watts :

Did you have travel insurance please?

JACUSTOMER-76t8sj6n- :

no

Alex Watts : If you did not have insurance, on what basis do you want to claim please?
JACUSTOMER-76t8sj6n- :

XXXXX XXXXX mislaid my baggage for the duration of my holiday, surely I to have paid for my luggage to be carried and would expect it to be so.Iwas not frivolous with my out of pocket expenses .I did not ask compensation for my holiday time wasted running around Goa purchasing pants,shorts ,shirts,sun hat,etc.gout medication,sun tan oil,after sun,indigestion tablets etc.I would have thought a derisory £220 would have been recompensed with no quibling.I would not make any insurance claims if I know the party responsible for my out of pocket expenses.Being in dispute is there no ombudsman to put my case to?

Alex Watts :

Its bad news I am afraid.

Alex Watts :

You are responsible for having your own travel insurance.

Alex Watts :

If you look in their terms and conditions they will exclude liability

Alex Watts :

I have no doubt that your baggage has been mislaid - however there are rules and regulations that cover what compensation you will get under the Warsaw Convention and this is very limited

Alex Watts :

You can't claim the additional costs because of that convention

Alex Watts :

Sadly it is your responsibility as a traveller to make sure you have adequate insurance to cover your bags and loss of

Alex Watts :

Please see this:

Alex Watts :

http://en.wikipedia.org/wiki/Montreal_Convention

Alex Watts :

It states

Alex Watts :

Lost Baggage:

Alex Watts :

With regard to lost baggage, the Warsaw Convention, Hague Protocol, Montreal Protocol No. 4, and the IATA Intercarrier Agreements are silent as to any reporting requirements for lost baggage claims. Consequently, various courts have interpreted Article 33 of the Warsaw Convention, which allows carriers to enact regulations that supplement but do not conflict with the Convention, to allow carriers to supplement Article 26 through their respective tariffs by mandating a time limit for written notice of lost baggage. The same analysis will likely apply to claims for baggage under the Montreal Convention, since Article 31 of the Montreal Convention is also silent with regard to notice requirements for lost baggage claims. - See more at: http://www.rumberger.com/?t=11&la=2128&format=xml#sthash.lgPCCtpy.dpuf

Alex Watts :

Delayed Baggage

Alex Watts :

As it relates to delayed baggage claims, Article 26 of the Warsaw Convention originally required that a party make a written complaint within 14 days from the date on which the luggage was placed at the passenger’s disposal. The Hague Protocol then modified Article 26 to require that such complaints be made within 21 days from the date on which the luggage was placed at the passenger’s disposal. Neither Montreal Protocol No. 4 nor the IATA Intercarrier Agreements modified the time limitations for notice of delayed baggage claims. Much like Article 26 of the Warsaw Convention, Article 31 of the Montreal Convention requires that the passenger state a complaint within 21 days of the date the luggage was placed at the passenger’s disposal. - See more at: http://www.rumberger.com/?t=11&la=2128&format=xml#sthash.lgPCCtpy.dpuf

Alex Watts :

Therefore sadly you are required to have insurance because of the limited payouts

Alex Watts :

I am sorry if this is not the answer you want and certainly not the one I want to give you, but I have a duty to be honest

Alex Watts :

Can I clarify anything for you about this today please?

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