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Yes, But I'm not sure whether it covers an incident such as this. My understanding is Emirates are responsible for compensation re baggage delays and this is bourne out by their non-negotiable airmiles " settlement .
Thanks for the thought re travel insurance and will investigate. I recognise there is a balance to be struck if that fails - minnow against the giant !. However in order to try and persuade Emirates to reconsider would it be a legitimate ploy to threaten media coverage combined with small claims action via the Montreal Convention ? I did not raise monetary recompense but they have specifically told me they won't do it when in actual fact they are presumably bound by the Convention. They are Dubai based so am I absolutely correct in saying they are ? Sounds as if that was a mistake which I can use to my advantage and they are unlikely to want publicity over that and the Sydney debacle against two old age pensioners.
I was thinking of the small claims court and representing myself in what is a pretty straightforward case supported by written evidence.
Sorry to keep flogging this but I don't want to make a mistake in respect of my next action.
All we were initially seeking as recompense was 2 days @ a UK hotel of similar standing to make up for the spoilt two days at Lilianfels. Because we thought Emirates may have UK associations the idea was they would arrange and pay. We never asked for monetary recompense. However please note we did not incur any additional costs and expenses in Australia because of the lack of suitcases.
Are you saying the Montreal Convention only allows the recovery of additional costs and expenses - in which case I can't go any further. Or can I change my line of negotiation and use the actual cost of two nights @ Lilianfels as a valuation basis ?
Many thanks for your guidance but because we are fed up with the way Emirates have treated us I'm trying my utmost to find a way of getting some form of leverage on them to make them reconsider the compensation. Promise you this is one last shot at it !
Forgot to mention that we travelled business class and in doing so pay for better service e.g. Chauffeur driven car to and from airport. Would it therefore be legitimate to run the argument that Emirates have broken the terms of the business class contract by not delivering our baggage in the first wave from Sydney airport. ( We were told in order to reduce complaints those nearest to the airport were dealt with first and we were 1 1/2 hours away. ). Also we asked the airport for communication re baggage delivery but they said they could not cope because of the number of passengers - however if this had been restricted to business class only they would have been able to. They may have made a mistake in adopting a blanket approach and treating everyone the same - we had paid extra and might reasonably expect to be treated differently and receive a better service.
Have you any thoughts on how a small claims court may view that argument ? Not got much to lose and sounds worth a try to me ! Would tell Emirates I'm also going to involve media etc