Complaint: Baggage Problem Two bags delayed- excessive charges/rude
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Old Jul 30, 2010, 9:14 AM
jimworcs jimworcs is offline
 
Join Date: Jan 2008
Location: Lot et Garonne, France
Posts: 3,197
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Delta has absolute liability, under the Warsaw Convention, as amended by the Montreal Convention. However, you must be able to provide some proof of your actual damages (ie, extra spending purchasing clothing for your daughter). Credit card transactions may be sufficient if you have lost the receipt.

14 days is an outrageous delay and here is something you might find interesting. You might be able to sue not just for additional items you had to buy, but also for the effect of ruining your holiday. In New York, there was a case of Kupferman vs Parkistan International Airlines (NY Civil Court, 1981). In this case, the court held that tourists are entitled to damages for a vacation ruined by delayed luggage. The court ruled that "the failure of the airline to retrieve the luggage for fifteen days constituted "willful misconduct". As a result, the court ordered that the Warsaw Convention's limitations on damages didn't apply and the cap was removed. The plaintiff was then able to sue for consequential damages substantially higher than the Special Drawing Rights limit.

If Delta won't play ball, I suggest you consider consulting an attorney. It's Delta.. the only way to hit them is in the pocket. They simply don't care if they are upsetting passengers.. that is what they do!!