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Airline looses bag but refuses to refund baggage fee

Posted: July 21, 2010 6:42 pm
by ph4ever
SEATAC, Wash. – A Pierce County woman is suing American Airlines, saying her checked bag fee should be refunded after the airline lost her luggage. It's a case that could reach class action status and could cost airlines millions of dollars.

The lawsuit, filed in Seattle federal court says American refused to refund her $25 bag check fee. The suit seeks class action status, saying American has refused refunds to potentially thousands of passengers whose bags are missing or damaged.

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Re: Airline looses bag but refuses to refund baggage fee

Posted: July 21, 2010 6:44 pm
by VanillaGrl
I have to remain neutral on this one.

So Boobies it is! :wink:

Re: Airline looses bag but refuses to refund baggage fee

Posted: July 21, 2010 6:59 pm
by aeroparrot
Yes.

Re: Airline looses bag but refuses to refund baggage fee

Posted: July 21, 2010 9:28 pm
by springparrot
VanillaGrl wrote:I have to remain neutral on this one.

So Boobies it is! :wink:
:wink:

Re: Airline looses bag but refuses to refund baggage fee

Posted: July 21, 2010 9:29 pm
by bravedave
Oh Hell Yes! (+ Boobies)

Re: Airline looses bag but refuses to refund baggage fee

Posted: July 22, 2010 8:31 am
by Bicycle Bill
I *don't* have to remain neutral.
They should abso-fugging-lutely refund the baggage fee. Trouble is, the way things work these days, if they refund the baggage fee then they will undoubtedly claim that they have no further liability.
I say they should provide a reasonable monetary compensation as reimbursement for the lost bag as well.
Image
-"BB"-

Re: Airline looses bag but refuses to refund baggage fee

Posted: July 22, 2010 12:14 pm
by SharkOnLand
Hell, they should refund the fee even if your bag is temporarily delayed. You're basically paying for a service (luggage delivery), if they don't provide that service, you should get your money back.

Re: Airline looses bag but refuses to refund baggage fee

Posted: July 22, 2010 12:23 pm
by citcat
SharkOnLand wrote:Hell, they should refund the fee even if your bag is temporarily delayed. You're basically paying for a service (luggage delivery), if they don't provide that service, you should get your money back.
ooooh....there you go. [smilie=upyeah.gif] Common sense should rule this world, but unfortunately it is being bred out of the human DNA. :evil:

Re: Airline looses bag but refuses to refund baggage fee

Posted: July 22, 2010 12:50 pm
by pema
i would agree that if they don't get your bag to where they were s'pose to and within a reasonable time of when they were s'pose to, then they owe you a refund because you did not receive the service you paid for.

but in the case of missing luggage, it would be hard to prove who's fault it was.

in a case where someone checked Louis Vuitton luggage and then took their sweet time getting to the baggage carousel to pick it up so that someone else had the opportunity to steal it while it is riding around...

that's not the airline's fault and if the airline has to pay for that, they will just end up passing on those costs to all their other customers when they raise ticket prices and/or fees

Re: Airline looses bag but refuses to refund baggage fee

Posted: July 22, 2010 1:02 pm
by pair8head
pema wrote:i would agree that if they don't get your bag to where they were s'pose to and within a reasonable time of when they were s'pose to, then they owe you a refund because you did not receive the service you paid for.

but in the case of missing luggage, it would be hard to prove who's fault it was.

in a case where someone checked Louis Vuitton luggage and then took their sweet time getting to the baggage carousel to pick it up so that someone else had the opportunity to steal it while it is riding around...

that's not the airline's fault and if the airline has to pay for that, they will just end up passing on those costs to all their other customers when they raise ticket prices and/or fees
Anyone else remember back when you had to show your baggage claim ticket to leave the area with your baggage?

Re: Airline looses bag but refuses to refund baggage fee

Posted: July 22, 2010 1:43 pm
by Skibo
This stunt will result in a nice payday for a few lawyers and nothing more. Should the airline refund? I don't think so. If the bag is lost a claim is filed and the airline pays the claim. If a bag is delayed, a claim is filed and the airline provides provisions if the delay is "unreasonable" I've had damage claims and delayed bags (never lost). The airlines always made me whole. (Useless air required a little followup, American, 3 times was great)

Re: Airline looses bag but refuses to refund baggage fee

Posted: July 26, 2010 4:34 pm
by The Lost Manatee
I have to say that from a moral and ethical standpoint I believe that the airline should refund the fee. The only one I know of that does, is Alaskan. Not only will they do it if they lose your bag, they will do it if your bag takes more than 30 minutes from the time that passengers deplane until the bags are on the carousel.

From a legal standpoint, I believe that the Contract of Carriage that we all agree to by purchasing a ticket covers this and from that perspective, we've waived our rights to go after the airlines.

I've had numerous bags damaged, things like handles ripped off, wheels broken, etc., and none of that is covered. I've had bags delayed for literally two weeks. And the airline never did deliver the bag, someone found it by the side of the highway, near the on ramp from the Austin Airport. They contacted my employer and the folks in the mail room had them send it Fedex to my office. This was after the airline told me that they had pulled it, along with 10 other bags for the purpose of weight/balance and that it would be on the next flight. After many phone calls, I got someone who admitted they didn't know where my bag was. Had I been a less forgiving person, I would have filed a lost bag claim and gone after them for reimbursement of the contents of the bag that they had lost. However since I actually had the bag back and everything was in it, I decided that I needed the good karma so I let the matter drop.

And I had a bag that went missing, never to be seen again. The airlines generally won't do anything about the handles and wheels. The two week delay, well, they were willing to pay for basic toiletries and one set of underwear, pants and a shirt. The lost bag, well, that had two nice suits from Nordstroms, dress shoes, a couple of silk ties, etc., and the airline claimed that under their definitions, in that pesky contract of carriage, that these were deemed to be "expensive clothing" and they wouldn't reimburse me for them.

I think that this woman will lose in court due to the wording in the contract of carriage and I think that is a shame. Just like I think it is a shame that these fees that used to be part of the ticket price (and therefore subject to the Federal Excise tax) are not subject to any tax. The airlines get away with a lot these days. They can bump you from a flight because someone comes along at the last minute who will pay a higher fare. The airlines maintain that they don't guarantee you that you will be on the flight that you purchased your ticket on however if you miss that flight, well, then you have lost the value of that ticket or at the very least, you get to pay a big change fee.

It's a crazy business to start with and they keep making it worse.

Re: Airline looses bag but refuses to refund baggage fee

Posted: July 26, 2010 5:31 pm
by Bicycle Bill
Maybe, just maybe, it's time this country goes back to the future?
Image
(The Aerotrain, designed and built by General Motors in the mid-1950s)

At one time this country had a rail system that was one of the most extensive in the world and connected the nation. Steel rails linked just about every small hamlet to nearly anyplace else you could want to go and still remain on the continent ... and in some cases beyond. F'rinstance, you even used to be able to take a train to Key West!!

Oh — and your luggage was on the same train with you......right in the baggage car.

Bumping? If the train gets crowded and they need more space, they can add an extra car (or two). Try *THAT* with a Boeing or an Airbus......

I'm not saying we should park all the planes, rip up the Interstates, and start laying track everywhere. But maybe it is time to park *some* of the planes, put a hold on paving over the rest of the planet, and remember that not every passenger train these days is a 5-day-a-week go-to-work-come-home-again commuter run or a "Back in the Days"-type tourist excursion.
Image
-"BB"-

Re: Airline looses bag but refuses to refund baggage fee

Posted: July 26, 2010 6:38 pm
by karat
Yes refund it, if the airline lost it.... it is $25 lousy dollars...come on! Cough it up you million dollar - late arrival - industry

Yeah I remember baggage claim tickets....and you were able to take a knitting needle on the plane - but could not just pick up your luggage

Re: Airline looses bag but refuses to refund baggage fee

Posted: July 27, 2010 7:00 am
by tigzoe
The Lost Manatee wrote:I have to say that from a moral and ethical standpoint I believe that the airline should refund the fee. The only one I know of that does, is Alaskan. Not only will they do it if they lose your bag, they will do it if your bag takes more than 30 minutes from the time that passengers deplane until the bags are on the carousel.

From a legal standpoint, I believe that the Contract of Carriage that we all agree to by purchasing a ticket covers this and from that perspective, we've waived our rights to go after the airlines.

I've had numerous bags damaged, things like handles ripped off, wheels broken, etc., and none of that is covered. I've had bags delayed for literally two weeks. And the airline never did deliver the bag, someone found it by the side of the highway, near the on ramp from the Austin Airport. They contacted my employer and the folks in the mail room had them send it Fedex to my office. This was after the airline told me that they had pulled it, along with 10 other bags for the purpose of weight/balance and that it would be on the next flight. After many phone calls, I got someone who admitted they didn't know where my bag was. Had I been a less forgiving person, I would have filed a lost bag claim and gone after them for reimbursement of the contents of the bag that they had lost. However since I actually had the bag back and everything was in it, I decided that I needed the good karma so I let the matter drop.

And I had a bag that went missing, never to be seen again. The airlines generally won't do anything about the handles and wheels. The two week delay, well, they were willing to pay for basic toiletries and one set of underwear, pants and a shirt. The lost bag, well, that had two nice suits from Nordstroms, dress shoes, a couple of silk ties, etc., and the airline claimed that under their definitions, in that pesky contract of carriage, that these were deemed to be "expensive clothing" and they wouldn't reimburse me for them.

I think that this woman will lose in court due to the wording in the contract of carriage and I think that is a shame. Just like I think it is a shame that these fees that used to be part of the ticket price (and therefore subject to the Federal Excise tax) are not subject to any tax. The airlines get away with a lot these days. They can bump you from a flight because someone comes along at the last minute who will pay a higher fare. The airlines maintain that they don't guarantee you that you will be on the flight that you purchased your ticket on however if you miss that flight, well, then you have lost the value of that ticket or at the very least, you get to pay a big change fee.

It's a crazy business to start with and they keep making it worse.
I know it is within their right to do so, but it does drive me nuts. The only time I fly is when i am going on vacation. I would go ape if an airline said that we overbooked and we are kicking you to a later flight. That is why I hate to fly, dealing with the airlines. Last time we went to KW, we made it to the gate in Atl. in time, but their was no plane. AA tried to say that we missed the flight, so we had to scramble to get a plane and I want to say we landed about 3 hours later than expected.

As far as refunding the baggage fee, welcome to the world of big business. If a client is unhappy with a small business, the owner tries to make it right. I haven't had my luggage lost on the way down but have on the way back. Honestly, I have been a little happy to not have to schlep a heavier bag back home and unpack that night. Both times, the luggage appeared on my doorstep the next day.

Re: Airline looses bag but refuses to refund baggage fee

Posted: July 27, 2010 7:06 am
by Ragtop Girl
I fly Southwest so I pay no baggage fee

Re: Airline looses bag but refuses to refund baggage fee

Posted: July 27, 2010 8:59 pm
by JollyMon66
I went with Boobies but I would still like to get my bag of peanuts :lol:

Re: Airline looses bag but refuses to refund baggage fee

Posted: July 28, 2010 12:06 am
by CaptainP
They shouldn't be charging the fee in the first place. Doesn't anyone remember when luggage was considered part of the ticket price?

Boobies.

Re: Airline looses bag but refuses to refund baggage fee

Posted: July 28, 2010 12:24 am
by ph4ever
CaptainP wrote:They shouldn't be charging the fee in the first place. Doesn't anyone remember when luggage was considered part of the ticket price?

Boobies.
Hell yeah I remember!!! It pi$$es me off that they charge. They're one of the reason you've got so many people squeezing 4 weeks of clothes into a carry on bag and then trying to shove it into the overhead. Then you hit turbulence and bags go flying it's freaking insane.

Re: Airline looses bag but refuses to refund baggage fee

Posted: July 28, 2010 7:01 am
by JollyMon66
ph4ever wrote:
CaptainP wrote:They shouldn't be charging the fee in the first place. Doesn't anyone remember when luggage was considered part of the ticket price?

Boobies.
Hell yeah I remember!!! It pi$$es me off that they charge. They're one of the reason you've got so many people squeezing 4 weeks of clothes into a carry on bag and then trying to shove it into the overhead. Then you hit turbulence and bags go flying it's freaking insane.

You need to fly Air Jamaica sometime. This was one of the best flights I've ever been on...both ways BUT the Jamiacans going home have a HUGE amount of baggage and carryons. The flight were were on into Montego Bay...I'm not sure they didn't have a rasta band jammed into the overhead :lol: