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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 46763
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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My name is***** I have recently travelled with

Resolved Question:

Hi my name is*****
I have recently travelled with the Turkish Airlines to attend a conference in Sudan
They have lost my Bag
In that bag I have materials for my workshop and so many valuable things.
They did not find it they offer me compensation $700 and I rejected it and they asked me for invoices of the items in my bag I have send copies to them and now they offer me less $500
They force me to accept it
My question is how can I take legal action against the airline and get back at least some of my lost?
ebrahimdawood@ Hotmail. Common ***********
Submitted: 1 year ago.
Category: Law
Expert:  Ben Jones replied 1 year ago.
Hello how much do value the contents at?
Customer: replied 1 year ago.
I have send them the values it around £6.500 six thounds five hundreds pounds but I do not have invoices for all items
I have 3 invoices around £3600
Customer: replied 1 year ago.
Are you still there
Expert:  Ben Jones replied 1 year ago.
Yes I am, I need to check a few things and get my response ready
Customer: replied 1 year ago.
OK carry on online please
My question is will the law able to protect me and able to get at least some of my cost back
Customer: replied 1 year ago.
OK I will be waiting for you
They send me an email force me to accept their offer
Expert:  Ben Jones replied 1 year ago.
When you purchase a ticket for travel with the airline you are both bound by the terms of the Montreal convention. This imposes certain limits on the compensation airlines are liable to offer in the event that they lose a passenger’s luggage. This has been to the courts as high up as the European Courts of Justice, which has confirmed that you can only pursue them up to the limits set out in the Convention. At present the limit is approximately 1,131 euros or the equivalent in pounds. This limit is maximum, it is set by law, you cannot go beyond that just because your possessions were worth more than that or you had to spend more than that to cover the fact you did not have your possessions. From a legal point of view, the limits are clear and set by law so they will apply unfortunately. I completely understand that the contents of your luggage may have been worth more than the limit but in these circumstances you are expected to cover yourself by getting appropriate insurance on the side because the amount the airline will be liable for will not always provide sufficient cover. 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.
My point is the offer was $700 but when I rejected it they reduced it to $500
They did not even gave me the maximum
And why did they asked about invoices since that is what they can offer
Expert:  Ben Jones replied 1 year ago.
They can offer you what they want - the offer is not binding until formally accepted, so if they offered you 700 but you rejected it, they can come back with whatever other offer they want, whether it is lower or higher. Also it is standard to ask for invoices to be satisfied that you did have the items you claim to have had, otherwise anyone can try and claim for the maximum they can even if they did not have that much in their baggage
Customer: replied 1 year ago.
My point is the bag is stolen at Khartoum airport
There was so many at the luggage area they were not in the plane local people
There were no staff to protect my luggage anybody can take anything and walk away
Customer: replied 1 year ago.
But they did not offer me the maximum they offer me the minimum
The should not ask for invoices
They should just say that what 5 can get
Expert:  Ben Jones replied 1 year ago.
You have to consider that it is no different than just leaving the bags on the carousel at the airport where it is open to anyone to take - this is nothing unusual, this happens every day to millions of people's bags. So regardless of what happened, I am afraid the law is very clear - your compensation is limited under international legislation
Customer: replied 1 year ago.
I want to take them to court how would I do that without a solicitor
Customer: replied 1 year ago.
It is very unusual to me in any airport in the world local people not come to luggage area only the people coming in the plane
Expert:  Ben Jones replied 1 year ago.
Regardless of how the baggage was handled, the compensation will be limited by law - that is what insurance is for. In terms of suing this will be rather difficult - this is a Turkish airline, not bound by UK courts or UK law and also not part of the EU, so you will most likely have to sue them in Turkey and for that you will need to speak to a Turkish lawyer
Customer: replied 1 year ago.
So any UK citizen who have problems with this Turkish Airlines should go to Turkish court
They are working in the UK and I bought my ticket from UK with UK money and I took it from UK soul
If I have problems go to Turkish law to get my rights back
Expert:  Ben Jones replied 1 year ago.
you can start a claim in UK courts via www.moneyclaim.gov.uk, but they would not be answerable here and you will likely have to transfer any judgment obtained in UK courts to Turkey to be able to enforce it, that is the issue you will face
Customer: replied 1 year ago.
Thank you very much I am not fully satisfied with your answers
According to what you are saying am the looser than they are the winner
Expert:  Ben Jones replied 1 year ago.
Please remember that all I can tell you is the legal position and sometimes that may not be the answer you were hoping for - all I can advise is on the law as it currently stands and sadly as there will always be winners there will inevitably be losers. Our job is no different than a doctor who delivers bad news about a condition to a patient - they don't want to tell them that they have something wrong with them, but there is nothing they can do about it - it is a fact and we are just passing the information to you, it does not mean we have given a bad service or done anything wrong...
Customer: replied 1 year ago.
Thank you very much for your advice I know that the law is not always supporting poor people in this country
I have to think about it like that the Turkish Airlines robbed me but I have known enough money to take them to court
This is the truth about my case and I have to live with it
Customer: replied 1 year ago.
I understand that and appreciate it.
But I think the law in this country stand with the rich against the poor
Expert:  Ben Jones replied 1 year ago.
It is not necessarily the rich again the poor you do have rights and the simple fact of the matter is that to cover yourself fully all you have to do is take out travel insurance which does not cost much. I'm sorry that you may have found out this is a bit too late that this is what people are expected to do to get the necessary cover for their possessions if the airlines cover is not enough
Customer: replied 1 year ago.
I do not blame you personally. You have done a great job by giving me this advice
So I should not waste my time calling solicitors asking for advice.
Customer: replied 1 year ago.
Believe Ben if I took the cover when you want to claim it back they will ask you very silly things
And at the end you get nothing
That is fact in this world there is no real insurance
All are just lies
Customer: replied 1 year ago.
Thank very much for your advice
Expert:  Ben Jones replied 1 year ago.
You are most welcome all the best
Customer: replied 1 year ago.
So I do not have the right to reject the offer and ask them to find my bag
What ever it takes them
Customer: replied 1 year ago.
Online still Ben
Expert:  Ben Jones replied 1 year ago.
No you can not force them to look for the bag it may be that it simply cannot be found so in the circumstances all you can do is seek the compensation as per the law we discussed earlier
Customer: replied 1 year ago.
I did not say you are give a bad service . I said the law in this country stand to strong against the poorer.
Your service is absolutely fine with me that all I said. I was talking about the law
Expert:  Ben Jones replied 1 year ago.
No problem I was just clarifying as you said you were not fully satisfied with my answers
Customer: replied 1 year ago.
But the offer is reduced from the first one
The first offer was $700 and now it is $500
Customer: replied 1 year ago.
From the first time you said you said it is not your own idea it is the law
Expert:  Ben Jones replied 1 year ago.
Yes and until accepted it can be changed at any time
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 46763
Experience: Qualified Solicitor - Please start your question with 'For Ben Jones'
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