Two months ago, my husband went to Cambodia and Thailand. He took Bangkok Airways from Cambodia to Thailand. After dinner, my husband messaged me that his luggage was damaged and he sent me the photos. I asked him, if he already reported it at the airport but he said no. His flight from Phnom Penh to Bangkok was delayed so he was running late for his meeting. So when he want back to hotel, dun lang niya naobserve yung sira ng bag. I told him to report it to the airlines but he said, wag na parepair ko na lang.
I did not accept that because the Samsonite luggage is not cheap and I’m not sure if it is still under warranty so it will be another expense. If you will check the bag, hindi siya nasira kundi sinira talaga. I don’t know what makes them decide to slash the bag but if they want to check something, they should just removed the lock instead of ripping the luggage.
My husband wanted to please me so he followed my request. He emailed Bangkok Airways regarding his damaged bag. The airlines asked for few more information like details of the damaged baggage, specific brand, copy boarding pass and copy passport. He was given a Property Irregularity Report (PIR) for bag damaged. They advised my husband to send the damaged baggage to repair shop at the home country and send bill to baggage service division via e-mail.
My husband informed them that he will be in Bangkok for few days. He was given two options :
1. Fix by your own and send a receipt to us via this email we will submit to claims department to pay back to your bank account. If your are short stay in BKK you may fix it by your own and send a receipt to us.
- my husband is on business trip so maghahanap pa ba siya ng repair shop?
2. Drop you bag at hotel now, the shop repairing baggage will collect bag to fix and return to you within to night.
When he received the reply, he was already out of the hotel so he informed them that he can leave his luggage tomorrow so they can fix. His flight is still late in the evening. But they no longer want to get the bag.
”After rechecked with the repairing shop, I'm afraid that it is no enough time to repair within 1 day. In this case, I would suggest you to bring the baggage to get the repair and send us the receipt for reimbursement later. Sorry for any inconvenience.”
So my husband has no choice but to repair it on his own because he needs the lugagge on his way back to Manila. Good thing that Westin Grande Sukhumvit Hotel was able to provide him sewing kit so he can fix his lugagge.
Upon arrival, he rested a few hours and off we went to SM to look for repair shop. We were advised to pick the luggage the following day and my husband sent the receipt to Bangkok Airways.
My husband sent to me the reply.
”We have received your baggage repairing receipt and we are please to reimburse you in the amount of PHP100.- or equivalent to USD3.- as a full and final settlement of your claim.
Should you accept our proposal, please send us a signed letter of acceptance to our email. On receipt, we will transfer the money to your account.
Your kind understanding of the aforementioned situation would be highly appreciated.”
What! They are just going to give us USD3 after all the inconvenience. It is not acceptable, first my husband check-in the bag in good condition and he received a damaged baggage. They should give him compensation for the damaged bag but they pushed my husband to repair it on his own and they will pay after.
We rushed to repair shop just to fix the baggage because my husband needs to go to Indonesia on January 23. We only have 3 luggage at home (small, medium and large) and he always uses the medium sized bag that was damaged. We spent time, gas, toll fee just to fix the damaged baggage and they will just pay USD3. I informed my husband about the Summary of the Rights of Air Passengers and relevant convention.
I even checked the Bangkok Airways website regarding their Damaged Baggage condition. It stated on their website,
15.1.2(e) Except in the case of an act or omission done with intent to cause Damage or recklessly and with knowledge that Damage would probably result, our liability in the case of Damage to Checked Baggage shall be limited to US20 for international services or THB 500 for domestic services per kilogram for checked baggage and in the case of Damage to Unchecked Baggage shall be limited to US $400 per passenger where the Warsaw Convention applies to your journey, or 1,131 SDRs for Checked and Unchecked baggage where the Montreal Convention applies to your journey, provided that in either case if in accordance with applicable law different limits of liability are applicable such different limits shall apply.
The SDR is a Special Drawing Right as defined by the International Monetary Fund (IMF). The value of 1 SDR is approximately US $0.721641 but this rate of conversion may fluctuate. For the purposes of the Warsaw Convention, if the weight of the Baggage is not recorded on the Baggage Check, it is presumed that the total weight of the Checked Baggage does not exceed the applicable free baggage allowance for the class of carriage concerned. If in the case of Checked Baggage a higher value is declared in writing pursuant to an excess valuation facility, our liability shall be limited to such higher declared value.
Destruction, loss or damage to baggage (Montreal Convention)
The air carrier is liable for destruction, loss or damage to baggage up to 1,131 SDRs (please refer to SDR interest rate from www.imf.org). In the case of checked baggage, it is liable even if not at fault, unless the baggage was defective. In the case of unchecked baggage, the carrier is liable only if at fault.
Destruction, loss or damage to baggage (Warsaw Convention)
US $20 for international services or THB500 for domestic services per kg for loss of or damage to checked baggage, and in case of damage to unchecked baggage shall be limited to US $400 per passenger.
So he replied to the airlines and he informed them about his passenger rights and this is the reply.
“May we take this opportunity to inform you that in accordance with the Airlines Regulations. The carrier will not be liable for total value for the loss of, damage to the passenger's checked baggage. In your case, we will consider the payment in the appropriate amount which will be the same amount of baggage repairing fee to the passenger. The zipped was broken, the repairing fee is approximately THB1,000.- or equivalent toUSD28.- as full and final settlement of your claim.
If you accept our proposal, please send us a signed letter of acceptance to our email. On receipt, we will transfer the money to you through Western Union.
Your kind understanding of the aforementioned situation would be highly appreciated.”
Actually, the $28 is still not enough to compensate the inconvenience but it is better compared to $3 so my husband, signed the letter of acceptance. He was advised that it will take two weeks to send the money. More than two weeks had passed and still no email from them so he made a follow-up every week for the update.
Finally, last March 2, they already informed us that they already sent the money in Western Union and we can already claim it. It took them more than a month to resolve our Damaged Baggage Claims.
How to Deal with Damaged Luggage?
1. If you encounter any luggage mishandled such as delay, lost, damaged or pilferage, do not hesitate to visit Baggage Service desk before you leave the airport to file the claim. You will receive a Property Irregularity Report and keep this document until the case is settled.
2. If you are unable to make any report before leaving the airport, you must notify the airlines as soon as you discover the damage. Inform the airlines within seven (7) Days of receipt of the Baggage. Time is essential so make sure that you report the damaged baggage as soon as possible.
Have you ever experienced damaged luggage: What did you do? It is very important to know your rights, so make sure to read the summary of the rights of Air Passengers.
Read: Summary of the Rights of Air Passengers
Right to Compensation for Delayed, Lost and Damaged Bag
The passenger has the right to:
1. Be informed of the fact of off-loading.
2. P2000 compensation to the passenger for every 24 hours of delay.
3. Refund of checked baggage fees if the baggage was not delivered within 24 hours from the arrival of flight.
4. If the baggage is lost or if it suffered any damage.
For International Flights: The relevant convention shall apply.
For Domestic Flights: The passenger has the right to a maximum equivalent to half of the amount in the relevant convention (for international flights) in its Peso equivalent.
5. Presumption of loss. If after a period of 7 days from when the passenger or consignee should have received the baggage and it is not delivered, it is assumed lost.
Two weeks ago, my husband experienced Lost Luggage, read the story below.
Read: How to Deal with Lost Luggage
Filing a claim is not fun at all but sometimes we need to fight for our rights too.