Who is responsible??

[chrpai]

My deductible is 1% of the policy which is well over $1200. Besides these days they are just looking for a reason to drop you. If you can't get hazard insurance your lendor can call the note. Is it really worth it?

 

[DandyDon]

I Cozumel they check the bags right in front of you. That is why I suspect if it was in Cozumel they did it when the bags were out of site and no zip ties were offered or even in site. I have used the ties before, but I didn't see any and were not offered any.

I've done a number of dive trips since Sept 11, 01 - starting with getting back from Roatan less than a week afterwards, as they were developing rules & retgs on the go - and it's true that I've never seen a nylon tie offered.

(1) You gotta' know to ask the TSA agents to use them after they've inspected the bags;

(2) You have to furnish them yourselves outside of the U.S., requesting their use after inspection; and

(3) Forget using the new locks that all TSA agents have a master key to, as the bad guys will have their own master keys soon enough. How long before "counterfeit-proof" bills were counterfeited?

TSA inspects bags when you check them at a U.S. airport, and I always stand and watch - then ask them to secure the bag with cable ties, or wire ties, or whatever you call those little nylon chords that divers use all the time to secure things. They have their own.

Leaving Cozumel, there are no TSA agents, but the Mexican security agents have to meet TSA standards for flights going to the U.S. When I left there Saturday, I watched as he went thru my bags, then provided the ties for him to secure the bags.

One thing we do to try to limit this sort of theft, is to carry regs, computers and cameras in carry on luggage. This way it's always with us, or in our sight. We only pack the large dive stuff (fins, BC and suits), along with the clothes. We also removed or blacked out any symbols on the bags that say "Dive Bag Steal Me".

Yeah, me too - except the carry-ons are often "gate-checked," which means items in those unchecked bags are out of your control and subject to a $400 liability for losses. This, too, can backfire!

Even if you did not secure your bags with ties, the airline is liable for losses of luggage in their care. For International iteneraries, it's limited to $9.07 per pound of checked luggage, up to $600, but that's a start.

I was wrong on one thing. Don't know where I thought I got the $600 maximum liability, as that's just not correct. It's $9.07 per pound, based on the weight of the bag when checked - with 70# max = $634.90 per bag, up to $1269.80 on two 70# bags. I'll come back to this later...

Assuming your friend didn't declare the scuba equipment to US Airways, its not the carriers fault:

"Special items such as pets, surfboards, bicycles, scuba equipment, etc. are not included in the customer's free baggage allowance and are subject to an extra charge."

If the item wasn't declared and the fee paid, they have no liability. As for homeowners insurance, they may or may not be responsible depending on if the policy is a named risk only. Even if it is, the deductible would be high and as would the risk of being denied coverage when you renew.

I think that all the airlines have this declaration, but it's really vague on what it actually means, actually unenforceable. Pets, surfboards and bicycles are beyond regular luggage allowances for other reasons, but scuba equipment that is packed inside a bag and complies with other regs is indeed covered. Tanks must be drained, spearguns may be charged extra for length, but normal scuba gear is covered.

My deductible is 1% of the policy which is well over $1200. Besides these days they are just looking for a reason to drop you. If you can't get hazard insurance your lendor can call the note. Is it really worth it?

Yeah, with the deductible on his Homeowners insurance eating up the value of the loss, don't claim it there.

But the airline is still liable, up to $9.07 per pound, based on what his bags weighed. That's your best current shot.

"File a claim immediately with local US Airways Baggage Services office. If the missing items have not been found within four days, the claim is referred to the System Baggage Services Department for further tracing and claim processing." Start calling their bagge claim department at 1+800-371-4771 every day, and keep notes on who you spoke to by name, employee number, date. Start reminding them that's it's been well over 4 days.


Next time, keep nylon ties handy and ask that they be used after inspection. And, $50 for Trip Insurance can go a long ways to fill in gaps. I consider it for every trip, and buy it for many - certainly all international trips.


But, wouldn't it be funny if after all this, a letter from the hotel arrives letting you know that the computer was left in the room, and they're awaiting return instructions. Wow, wouldn't that be nice - aside from undoing all the claims and all.

 

[Rooster1]

But, wouldn't it be funny if after all this, a letter from the hotel arrives letting you know that the computer was left in the room, and they're awaiting return instructions. Wow, wouldn't that be nice - aside from undoing all the claims and all.

That was my exact same feeling and HOPE when he said it was missing, that it was just accidentally left behind. But he assures me he is certain he put it in his pelican case with some of the other valuables

 

[scubasean]

He has filed a report with US Airways but has heard nothing yet, also we did put our luggage through in Detroit and after it was taken it was checked without us being present. I Cozumel they check the bags right in front of you. That is why I suspect if it was in Cozumel they did it when the bags were out of site and no zip ties were offered or even in site. I have used the ties before, but I didn't see any and were not offered any.

Out of curiousity, what good would zip ties do? Would they only merely indicate , if missing, that someone took something out? I would think that anyone who was going to look for bags to steal things out of would carry side cutters....But I'm just talking in the hypothetical.

 

[Scubaroo]

...he put it in his pelican case with some of the other valuables

It's a bit like shutting the gate after the horse has bolted, but there's the biggest mistake - a pelican case. They scream "expensive stuff inside - please riffle through and steal".

Good luck with any claims - it's a big loss to take. Hopefully he gets something from someone. Also, watch out for the computer on eBay - lots of hot stuff passes through there.

 

[chrpai]

But the airline is still liable, up to $9.07 per pound, based on what his bags weighed. That's your best current shot.

Have you actually read the contract of carriage?

"Unless protection is purchased (excess valuation), US Airways assumes no liability for valuable/commercial items, including but not limited to: money, negotiable papers, securities, irreplaceable business documents, books, manuscripts, publications, photographic or electronic equipment, musical instruments, jewelry, silverware, precious metals, furs, antiques, artifacts, paintings and other works of art, lifesaving medication and samples."

And here is a good one from Continental contract of carriage:

"In the event of delivery to the Passenger of part but not all of the Passenger’s Checked Baggage, or in the event of damage to part but not all of such Baggage, the liability of CO with respect to the undelivered or damaged portion shall be reduced proportionately on the basis of weight, regardless of the value of any part of the Baggage or contents thereof."

And from American:
"American does not accept in or as checked baggage any of the following items: antiques, artifacts, artwork, books and documents, china, computers and other electronic equipment, computer software, fragile items, furs, heirlooms, liquids, medicines, money, orthotics, surgical supports, perishable items, photographic, video and optical equipment, precious metals, stones or jewelry, securities and negotiable papers, silverware, samples, unique or irreplaceable items or any other similar valuable items. American does not accept these items in or as checked baggage and assumes no responsibility or liability for such items, regardless of whether American knew or should have known of the presence of such items in checked or transferred baggage. If any such items are lost, damaged or delayed, you will not be entitled to any reimbursement under American's standard baggage liability, or under any declared excess valuation. Do not attempt to check these items."

So in other words only the computer is missing, it ways about 1lb, so here is $9.07. I'm sorry to tell him, but the OP's friend is best of just letting this one go.

Look on the bright side, if the loss is more then 10% of your Federal AGI you can file an IRS 4684 and get a tax write off for it.

 

[DandyDon]

Have you actually read the contract of carriage?

"Unless protection is purchased (excess valuation), US Airways assumes no liability for valuable/commercial items...photographic or electronic equipment..."

Dang - missed that one. I put a lot of work and thought into my last answer, and I did read over this paragraph, but missed that part.

And here is a good one from Continental contract of carriage:

"In the event of delivery to the Passenger of part but not all of the Passenger’s Checked Baggage, or in the event of damage to part but not all of such Baggage, the liability of CO with respect to the undelivered or damaged portion shall be reduced proportionately on the basis of weight, regardless of the value of any part of the Baggage or contents thereof."

And from American:
"American does not accept in or as checked baggage any of the following items: antiques, artifacts, artwork, books and documents, china, computers and other electronic equipment, computer software, fragile items, furs, heirlooms, liquids, medicines, money, orthotics, surgical supports, perishable items, photographic, video and optical equipment, precious metals, stones or jewelry, securities and negotiable papers, silverware, samples, unique or irreplaceable items or any other similar valuable items. American does not accept these items in or as checked baggage and assumes no responsibility or liability for such items, regardless of whether American knew or should have known of the presence of such items in checked or transferred baggage. If any such items are lost, damaged or delayed, you will not be entitled to any reimbursement under American's standard baggage liability, or under any declared excess valuation. Do not attempt to check these items."

So in other words only the computer is missing, it ways about 1lb, so here is $9.07. I'm sorry to tell him, but the OP's friend is best of just letting this one go.

I wonder how much of this is enforceable, and how much is bluff, though? Rooster, whenever your bud-in-law does hear from the airlines claim department, I do hope you'll let us know here.

I think I'll stick with carrying my reg, puter, bi-focal mask, and camera in my carry-on, and continue furnishing my own nylon ties, but on those regional flights on which carry-ons are gate-checked, contents is only then covered for $400. Guess I'll need to lock the bag for those periods, which is okay - since it's already cleared TSA. And I think I'll keep buying trip insurance; I'd thought of cutting back, but not now.

 

[Rooster1]

Dang



I wonder how much of this is enforceable, and how much is bluff, though? Rooster, whenever your bud-in-law does hear from the airlines claim department, I do hope you'll let us know here.

I think I'll stick with carrying my reg, puter, bi-focal mask, and camera in my carry-on, and continue furnishing my own nylon ties, but on those regional flights on which carry-ons are gate-checked, contents is only then covered for $400. Guess I'll need to lock the bag for those periods, which is okay - since it's already cleared TSA. And I think I'll keep buying trip insurance; I'd thought of cutting back, but not now.

I will give you an update as I get one myself and ditto on the carry ons. I have never flown with my computer in cargo. It is always a good idea to carry your regs and your computer with you since they are the most expensive to replace. A weight belt and fins aren't as interesting to thieves and not as great a loss

 

[chrpai]

I wonder how much of this is enforceable, and how much is bluff, though?

Perhaps some of our resident lawyers could tell us. Until then I suspect with government regulation of the airline industry, and high paid lawyers to draft the contracts of carriage, its pretty much a lock.

I don't really blame the airlines though. The typical consumer sees airline travel as a commodity item. When you search through Travelocity (for example) most people are just looking for the rock bottom fares and they won't take two seconds to read the terms and know what sets one carrier apart from another. So basically since carriers can't raise fares and increase the revenue, they must basically practice extreme cost avoidance in order to try to stay in business.

 

[chrpai]

BTW I'd like to add...

For those here who have mentioned home owners insurance coverage. You may wish to call up your agent and ask if you would be covered in this kind of situation. You may be suprised to find out your coverage is of a "named perils" type and that theft of personal property is not always listed.

Oh, and the insurace company will typically want a police report. Did your friend get one?