Quote:
Originally Posted by Tony S
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.
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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.