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Ben Jones
Ben Jones, UK Lawyer
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Ben, not sure if you can help me..as this is to do with an airline luggage claim.. e

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Hi Ben, not sure if you can help me..as this is to do with an airline luggage claim..
essentially, the Etihad Airways broke my bag during transit, and trying to replace with a inferior bag and when I ask for like for like replica they asking for the original receipt from nearly 3 years go to pay a depreciated value for the luggage.. which I don't think is fair nor correct..what can I do?
Submitted: 1 year ago.
Category: Law
Expert:  Ben Jones replied 1 year ago.
Hello, my name is***** am a solicitor on this site and it is my pleasure to assist you with your question today. Have you checked their terms and conditions to see what you would be able to claim in the circumstances?
Customer: replied 1 year ago.
There aren't any, only the airline's "conditions of carriage" that apply, which is the Montreal convention which applies, as part of my ticket, but the airline is silent and the baggage handling company K2 is not abiding by this. here's the link to the conditions of carriage, and in my case 15.2.4.2 and 15.2.4.3 applies, because physical my luggage was more than what was specified in 15.2.4.2 hence .3 applies naturally, but the air line nor the baggage handling department refusing to refer to this.
http://www.etihad.com/en-gb/legal/conditions-of-carriage/ - see "liability for damage"
Expert:  Ben Jones replied 1 year ago.
Thank you for your response. I will review the relevant information and will get back to you as soon as possible. Please do not respond to this message as it will just push your question to the back of the queue and you may experience unnecessary delays. Thank you
Expert:  Ben Jones replied 1 year ago.
Many thanks for your patience. Whilst they will likely have some liability, their conditions specifically state that you are required to provide proof of purchase to be able to submit a claim. (15.4.1). This is a normal requirement, for example insurance companies would need the same and will likely not accept any claims if proof of purchase cannot be produced. The only time a proof of purchase is not required is if the value of the item was less than $50, which is not the case here. Also, even if you manage to provide proof of purchase you will not get the full value back – that would amount to betterment, where you will be placed in a better position than you would have been had the bag not been damaged. So they can take into account depreciation in value over time – after all it was a 3 year old bag that was damaged, not a brand new one. This is again normal and fair in the eyes of the law.
So you will need to get some proof of purchase because the conditions specifically require that and you would have agreed to these when you purchased your ticket. Failure to provide that may easily prevent you from claiming against them. Also being able to show that you took cash out at the time which you then used to buy the bag would unlikely be sufficient – you could have bought anything with that, not necessarily the bag and it does not prove its value.
I'm sorry if this is not necessarily the answer you were hoping for, however I do have a duty to be honest and explain the law as it actually stands. This does mean delivering bad news from time to time. I hope you understand and would be happy to provide any further clarification if needed. If you are still satisfied with the level of service you have received I would be grateful if you could please take a second to leave a positive rating by selecting 3, 4 or 5 starts at the top of the page. Thank you
Customer: replied 1 year ago.
Dear Ben,Thanks for reply, its not as if I am claiming for an object that is destroyed by a fire where the object is not visible. This an item that is clearly visible to which an value can be associated with. If you have an accident on the road, for example a car, the insurance pays for the item to be fully fixed/replaced. This a product that has such a value. If you break a side light, insurance would pay for full replacement and not a depreciated value of it. Honestly which individual keeps receipts for 3 years? In addition the receipts are nowadays printed using heat rather than ink which with time disappear from the paper itself. This (my luggage) is an item that provides a service, not a pair of shoes or a shirt. Even credit card companies state that.Meanwhile can you please point me out to the statement when you say I "will need to get some proof of purchase, because the conditions specifically require that and you would have agreed to these when you purchased your ticket." ? because I don't see where I agreed to this.I understand what you tell me is bad news, I just need to find out a way to recover my costs, because a company can't agreed to look after something then destroy it completely destroy it and then simply state "oops can you give me your receipt! so I will give you a lesser value" ? I don't think under law this is a valid argument.Looking forward to your replies.. At least to point me out to the conditions of carriage where I agreed to this.
Expert:  Ben Jones replied 1 year ago.
Hello again, I agree that this is an item which you can see and put a value on, but as mentioned you cannot be placed in a better position in which you were in before the damage had occurred. So the airline would need to satisfy itself of the age of the bag and how much you actually paid for it – you could have bought it second hand, at a discount, etc. So to be given the full value of it would not be reasonable and you cannot expect that of them. In your example of a car, there are specific valuations which the companies use to determine the value at the time of accident, such as model, age, mileage, etc – this is not available to bags so the situation is a bit more different here. So whilst you may not necessarily keep receipts for that long, you cannot use this as a reason to circumvent the rules (incidentally I remember keeping a receipt for 7 years because the luggage had a warranty for that period, but would not necessarily have kept it that long otherwise). The clause which requires you to provide proof of purchase is 15.4.1 in the Conditions of Carriage, which you would have agreed to when you made the booking. It states (my emphasis): “All claims for compensation for Damage to Baggage must be accompanied by an itemised list identifying each affected item by description, manufacturer and age, together with satisfactory proof of purchase or ownership for all such items. Proof of purchase will not be required in relation to any item which costs less than US$50 (or equivalent in local currency), or is more than 5 years old and has a claim value of less than US$50 (or equivalent in local currency).” So as you can see it does say that you will be required to provide proof of purchase if the value you are claiming is over $50. The issue here is that this is contractual law – they can exclude or limit their liability as much as they want as long as it is stated in the contract you had with them. You trusted them with your bag based on these terms and conditions – you agreed to this when you made the booking. If they have limited their liability or require certain evidence to entertain a claim, you must be able to satisfy these. This is not a case of liability for personal injury or death, which cannot be excluded – this is a contractual relationship and they can impose conditions which must be satisfied for compensation to be issued, regardless of what damage was caused or who was at fault. If your original question has been answered I would be grateful if you could please quickly rate my answer by selecting 3, 4 or 5 starts at the top of the page - it only takes a second to do and is an important part of our process. I can still answer follow up questions afterwards if needed. Thank you
Customer: replied 1 year ago.
Hi Ben,
Thanks for the response, and if I do provide a proof, which I have to the K2 Global, now they have agreed to paying me a depreciated value of nearly 3/5th. What would the conditions be in this case ? as this is not part of the conditions how would that work. This would be my last question and related to the first one.You've clearly explained the rest of items clearly.Thanks
Expert:  Ben Jones replied 1 year ago.
Even if you provide proof that you purchased the bag from new 3 years ago, you cannot expect to get the full value back or a new replacement. As mentioned this would amount to betterrment and you should not be placed in a better position than you would have been had the bag not been damaged. So they can take into account depreciation of value over the years and reduce the compensation from the full value paid on purchase
Ben Jones, UK Lawyer
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Experience: Qualified Solicitor - Please start your question with 'For Ben Jones'
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