Luggage Scam approved by Continental
 

My wife took Flight 49 from BOM to EWR on 2/18/10 and then Flight 8695 from EWR to IAD on 2/19/10. When we got home we found that one of her Samsonite bags (hard body) was damaged beyond repair 3 to 4 inches gash in the hard body. We called Continental immediately and were given a damage advisory # and told to go to the airport within 15 days. I went there the same day and met LILIAN OCHOA. She didn't look at the damaged bag and told me there was no claim on file. She didn't even look at the claim advisory # that I had got earlier. I came home and called Continental. They said “give us a chance to rectify things”. 2 days later (2/23/10) we received a call from Mike (Supervisor) from Continental (IAD) office. He hasn't seen the bag but indicated there was no basis for a claim and offered a $50.00 voucher. I told him I wanted a replacement bag since this was beyond repair. He said he would have to see the bag. I went there at 6 p.m. on 2/23/10. Guess what? Without looking at the bag he tells Lilian to “put notes in the computer so that this guy doesn't get a single dime”. I called Continental and spoke to Gloria at 6 p.m. on 2/23/10 she says we are in Texas we cannot do anything. I tried another location DCA - that guy says he has to get approval from IAD. What a Scam …approved by Continental Airlines! Customers be aware: they will just give you a run around.

I think the first question one must ask is: Where's the scam? Because the airlines would have to gain something in order for this to be a scam. Nothing was taken from you and you didn't, technically, lose anything.

Why the airlines won't reimburse you for the bag, and i think the airline peeps here will correct me if I'm wrong, is that you didn't show them the damage prior to leaving the airport. I know most people don't examine their bags when they arrive especially after a long flight like that. But if it's such an expensive bag (and Samsonites are not cheap) I would examine it and make a claim straight away.

What would prompt him to say that?

TO the OP:

Never mind these airline sympathizer bozos. The airline has everything to gain because they are avoiding compensating you for your bag and if you allow that you would have lost your bag.

For a flight from Mumbai to Washington, the Montreal Convention applies. The airline is strictly liable for damage to your bag. Yes strictly no questions asked.

You have 7 days to inform the airline. Article 31(2) of the Montreal Convention provides:


"2. In the case of damage, the person entitled to delivery must complain to the carrier forthwith after the discovery of the damage, and, at the latest, within seven days from the date of receipt in the case of checked baggage and fourteen days from the date of receipt in the case of cargo. In the case of delay, the complaint must be made at the latest within twenty-one days from the date on which the baggage or cargo have been placed at his or her disposal."


Write to them a formal letter setting out what has happened and threaten to take it to small claims Court.

Yes! take your advice from a 5 year old wanna be failure of a lawyer. Try this jerkero, he already knows about the 15 day to contact, he said that already in his post. But something else has happened that seems to be missing. Didn't I already tell you stop trying to hang with the big boys? Dumb@$$.

It's not 15 days, it's 7 days according to the Montreal Convention. The only thing missing is a brain in Silent *******'s head.

TO the OP: This member is a Continental stooge. He works for an airline catering company and the last airline to be patronising his company is Continental since other airlines have stopped serving meals. He thinks it is his job to come here to save Continental from claims like yours.

If Continental goes under his big fat ass will be out of a job

International they have 7 days to make a damage claim. 24 hours for a domestic flight. it may be denied on the spot though depending on the type of damage. I was not there but in my experience people that come into the baggage office tend to over exagerate sometimes. ie a broken zipper from them overpacking = you busted my bag open. a small rip in a 10 year old bag = i want a brand new bag right now. the suitcase is designed to protect the contents. some minor wear and tear may happen from time to time which is why airlines won't take a damage claim for minor damage to a suitcase. they also will not cover anything that protrudes from the bag, such as retractable handles, wheels, or straps.

oh and to be in compliance with my companies new "social media policy". since airlinecomplaints.org requires you to tell them which airline you work for i have to add the following disclaimer.

the comments and opinions expressed our here are my own, and not those of Delta

Tony, you still have time to make a claim. It seems as though one was made if you have a claim number. If I remember right, it should start out IADCOxxxxx. IAD being Dulles, CO being Continental and the 5 x's are a five digit number. It was taken over the phone so the first three letters may be HDQ but if done right, it should read as I said earlier. If you truly have a claim, which I believe you already do, call or contact someone at CO now, today. You have 7 days to make a claim in writing. That time ends today, the 24th. After the claim is made, you have 2 years in which to bring action.

Here is what CO's Contract of Carriage says which should mirror the Montreal Convention and a link to see it yourself.

d)
An action against CO for loss, damage or delay of Checked Baggage will be barred unless a Passenger makes a written claim to CO for damage to Checked Baggage within seven (7) days from the date of receipt; and in the case of delay or loss, within 21 days from the date on which the Baggage or goods have been placed at his disposal (in the case of delay), or should have been placed at his disposal (in the case of loss).
e)
No right to any claim against CO related to Baggage will lie unless an action is brought within two years from the date of arrival at the destination, or from the date on which the aircraft was scheduled to have arrived, or from the date on which the carriage stopped

CO's Contract of Carriage

You will need to go to page 41, Para. 5d & e of this document.

I should have done this before I posted but CO8695 looks like a codeshare operated by CommutAir. (C5) I don't know if CO handles them in IAD or not but make sure you make your claim with the right airline.

CommutAir appears to only operate as Continental Connection. so unless they have a seperate baggage office in IAD. CO will handle the baggage file. but it will most likely look more like IADC512345 instead of IADCO12345.
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The comments and opinions expressed here are my own, and not those of Delta.

The claim was made with the airline on 2/19/2010.

He offered me $50.00 when he called without looking at the damaged bag and I questioned him on that plus he has to cover up for Lilian. She has been reported to Continental. But I have a feeling they are all in together on this scam. Play around and don't pay anything and hope the passenger will go away.

Thanks for the information.

I know when the bag is totaled. There is a difference between a gash and a scratch. The fact is that they don't want to pay anything!

I used to have great respect for Continental, but it seems that I was terribly mistaken. This is just another in a long line of failures by their Customer Service Department.

Ignorant and deceptive is a good way to describe them. What a shame for such a good airline to be embarassed by a second rate customer service department.

I got a call from Cathy/Continental at Washington Dulles yesterday and went there for the 3rd time. They indicated that they wanted to settle the issue.

1) They said they had new bags over at IAD which upon examination were found to be junk. (2) I could go buy a new bag for upto $200.00 and come to IAD with the receipt and they would reimurse me but they would not give anything in writing.(3) $200.00 voucher for future use, I accepted this offer.

I had also complained to the Dept.of Consumer Affairs Fairfax, VA. Continental gave them a run around also.

I don't understand why the sudden change after wasting such a lot of my time!

My guess is a new manager came in or the uppers said start clearing your open files. It looks bad for our stats. Managers care only about stats, not the customer.