[Frustrated Aussie]

I know this is a long story and I apologise but this is the first time I have done something like this (Subscribed to a forum) and this has been dragging on for some time now.

My family and I travelled from Australia to Vietnam then the US in Aug 08 for a 2 month trip of a lifetime travelling down the West Coast, to Mexico, Cuba and then back up the east coast. We stayed predominately in hotels as such packed accordingly. Whilst in Cuba and Mexico we purchased a number of items including 2x bottles of Mexican Tequila, 3x Bottles of Havana Club Rum and 2x Boxes of Cuban Cigars.
We returned to the US - Orlando Florida via Cancun Mexico using Jet Blue. We declared all items and were able to proceed through customs without a hitch. There was no problem with this flight.

After a brief stay in Orlando we travelled Jet Blue to Washington.
We each had a suitcase (Four in total). One suitcase was filled with electrical items (Cameras, Ipod, DS games, Shavers etc) as well as some of the alcohol, makeup/toiletries, personal trinkets/memorabilia, photos and all our dirty laundry for padding. A second suitcase was filled with my clothes, the cigars, alcohol and other personal items. The other two pieces of luggage were filled with general clothes. There were no problems with this flight or service.

On 1 October 2008 we flew Jet Blue Washington to JFK New York. We arrived very early and checked in the same four pieces of luggage containing the same items with a similar set up. Upon our arrival at JFK we located the two pieces of luggage which contained the clothing only but failed to locate the other two pieces of luggage. I spoke to Jet Blue staff who advised it would most likely be on the next flight which would get in later that evening at 6.00pm. They filled out a Jet Blue Baggage Report. We then travelled to our accommodation in New York with the thought our luggage would arrive, they would contact us and arrange delivery.

At about 8.00pm on 1 October 2008 I had not heard anything from Jet Blue, I contacted JFK but there was no answer (I left a message on the machine). I contacted Jet Blue (Seattle?? I think this was were Central Baggage was) who advised me to contact JFK as it would not come to them until after 5 days missing. I continued to contact Jet Blue JFK and leaving messages. Eventually at about 10.30pm, after still no calls from Jet Blue I managed to speak to someone at JFK who stated the luggage had not been located and the next flight would be the following morning. By this stage the kids were asleep, no one had any toiletries because we were expecting to receive our luggage or at least a phone call and I was still in the same clothes.

At about 10.00am on 2 October 2008, I still had not heard from Jet Blue, I contacted JFK and was advised the luggage was yet to turn up and to wait for the next flight to see what happened. I told them I had no other clothes or toiletries and was advised to purchase emergency items which would be reimbursed $25 per day per bag. By this stage I had spent over 24 hours in the same clothes and myself and family were without toiletries.

Initially we spent the next two days, shopping for basic emergency items from a variety of stores. These items, especially the clothes were purchased for convenience purposes rather than for their looks or personal tastes. Basically it was a minimum of two days sightseeing forgone to purchase items which were of inferior design and looks to what we had lost ie. Manual toothbrushes-v-Electronic, Manual razor-v-Electronic, cheaper makeup and lesser brand name clothes. The whole time, there was no contact made by Jet Blue to provide me with advice. We continued to shop sporadically when and where we could in the following days.

Eventually the report was forwarded to Jet Blue’s Central Baggage as the luggage had been missing for more than the allotted time. I advised them via email we were returning to Australia and provided them with the relevant information required. I further contacted TSA as they would have been the only other organisation that would have come into contact with our luggage. I was advised it was not their problem and that I was to deal with the carrier Jet Blue.

Whilst in Australia I communicated with Jet Blue Central Baggage via Email only. During this communication I was advised to fill out a relevant Jet Blue Claim Form outlining the details of the property missing and provide relevant original receipts.

I provided Jet Blue with an Excel document listing what items I could remember, actual prices and estimated prices for items I did not have receipts for. As we were overseas of 2 months and the luggage contained items belonging to all of us there was a considerable amount of items packed. The items I did not have receipts from were items given as gifts, items I paid cash for, items I could not find receipts for.

The claim consisted of two parts, the first was for the emergency items purchased consisting mostly of clothes, makeup, toiletries and luggage (the basics). The second part of the claim consisting of electrical items, makeup, clothing, alcohol, cigars, personal/memorable photos/memorabilia, luggage. There were a lot of estimates involved with this claim due to lack of receipts and generalised conversion calculations used (US, Aust, Mexico, Cuban currency).

On 23 November 2008 I submitted this claim to Jet Blue with a covering letter as per below which pretty well summed up my feelings on this matter (I have omitted some parts indicating specifics and names)


I have put together a spreadsheet in relation to this claim being the loss of two pieces of luggage on flight ### on 1 October 2008.

As you can see by the spreadsheet the majority of prices are approximates only due to the fact most of the items were clothing plus the items were purchased over a period of time and receipts were not kept. It should also be noted that the lost California bag contained receipts whilst in the US. Please find attached copies of located receipts and Bank statements for various items.

It should also be noted that we (2x Adults & 2x Children) were travelling for 2 months and this accounts for the large amount of items contained within these bags (4 bags checked, 2 misplaced).

I would also like to seek clarification regarding the forced purchase of emergency items and whether they are treated as a separate claim or contained within the total claim. This is due to the fact the items purchased were done so on short notice and in the majority of cases were not considered items we would normally purchase as replacements ie. manual razor and toothbrushes –v- mechanical items.

The calculation prices reflect averages only and I have placed the calculation details at the bottom of the spreadsheet. At the time the $US/$A dollar was fluctuating around the $A1.30=$US1.00 (Plus bank charges).

Please take into account the inconvenience this caused myself and family being

• Loss of personal items that can never be replaced
• Lack of customer service and communication from staff…no calls to advise luggage still outstanding at any stage resulting anxiety and stress of not knowing what was happening or what we were required to do. This resulted in me wearing the same clothes for over 24 hours waiting for a call that never came (Constantly advised luggage should arrive on the next flight), all of us not being able to brush our teeth, my wife going without makeup and accessories
• The amount of time and effort spent contacting Jet Blue (Again because no calls made to me)
• The time and effort spent shopping for emergency items rather than sightseeing (first time to USA)
• The financial burden placed upon us purchasing emergency items
• The time and effort putting together this claim
• The shattering of dreams (Smoking Cuban cigars and drinking Cuban Rum and Mexican Tequila with family members)

I know I have previously spoken about this but I feel it was a very important point because I was the victim and the lack of customer service really put a dampener of what should have been a trip of a life time for myself and my family.

I realise that due process needs to be exercised during the investigation of this claim, but I feel the main priority and focus of your company should be investigating how and why my luggage went missing and implementing measures to prevent any future occurrence of such a loss. I feel your company should also ensure that if such misfortune does befall a customer, then there are processes in place to ensure that the customer is constantly kept informed as to the status of the investigation and what is required of that customer.

If there is anything further assistance you require, please do not hesitate in contacting me on my email (As per previous correspondence).

Regards


On 18 December 2008 I received correspondence from Jet Blue indicating they had assessed my claim and were prepared to pay me approximately 20-30% of my claim. This was based on a number of items being excluded under their Contact of Carriage (Virtually everything except clothes), any amount over $100 without a receipt being excluded, depreciation on my clothing claimed (unspecified rate) and depreciation of 50% on my emergency items claimed. Also attached was a ‘Full release and settlement agreement’ which they wanted me to sign and return if I was happy that basically released them from any further liability and kept the matter confidential.

By this stage I had wasted enough time not only in the US shopping, but by trying to track down receipt and correspond with Jet Blue, not to mention the loss in funds which were tied up in the lost clothing and expense of purchasing emergency items. I advised Jet Blue this was an insult and to provide me with details of an executive so that I could progress the matter further. A supervisor reassessed the claim and stated it would remain as is. I continued correspondence with Jet Blue requesting an exact breakdown of the calculations they used to come up with a final figure so that I could prepare a rebuttal. This was based on the fact they only provided me with a total end amount that contained no calculations or details of exclusions. I further advised that at no stage did I want the emergency items which I was forced to purchase due to their incompetence and was prepared to forward them back to Jet Blue at their expense for a full refund as opposed to the 50%. I further advised that I did not have a problem with the people I had been dealing with as I knew they were only following company policies and procedures.

After numerous emails that were not replied to, on 7 February 2009 I finally made a complaint online and received an email indicating they had not received my other emails and were going to review my claim. Please note I could not discount this, as such I withdrew my complaint. This was highly unlikely though as emails to others were answered, but again, without conclusive proof, I have to take this into account.

On 26 February 2009 I received an email indicating they would again review my claim and get back to me the following day. This is the last correspondence I have received from Jet Blue. I have since sent numerous emails requesting an update on my claim but these have gone unanswered.

This matter has now dragged on for over 5 months without satisfaction. As such, I feel I have been forced to seek assistance outside of Jet Blue’s internal procedures. I have sent this information to the Department of Transport and posted it online for advice. Further to this, I have sent an email to the people at Jet Blue I have been dealing with as well as another complaint outlining these drastic actions I have been forced to take.

[jimworcs]

One of the difficulties you face is that JetBlue do not operate in Australia, and suing is not an option. I think you have done the only thing you can, which is to pursue the case via the DOT. You should also contact some "consumer reports" people on local TV stations in New York and see if you can get them interested. They might be interested in "look how JetBlue treat visitors" angle.

[countrynewsman]

There are other websites as well such as "my3cents.com". Another would be consumeraffairs.com. I would hit every website I could!

[Frustrated Aussie]

To date I have sent an additional 2x 'Share your concerns' to Jet Blue about nobody contacting me and requesting the contact details of an executive to progress this matter. Their reply is to acknowledge my concerns, apologise, provide the first name of people from baggage claims and wished me the best of luck. To date nobody from baggage have contacted me so it appears they are merely using the share your concerns as a way of fobbing people off. If this is how a company manages its customer relations, especially in economic times where customers are difficult to maintain, then I cannot see a future for Jet Blue in the business world. Can someone out there give me advice as to a contact within Jet Blue to progress this matter futher???
The most disappointing fact is that my family and I had an awsome time in the US especially with the service and professionalism show in other industries and this has really put a dampener on the entire situation.

[jimworcs]

Just check out if it might be possible to file a small claims court claim online. In the UK you can now sue and complete the who process online, with both sides submitting their arguments online and the judgement being awarded online. I would suggest you check out if New York offers a similar service. They are not defending their case. They have acknowledged liability by making you an offer. The issue now is purely about the amount. Write to CEO, it can sometimes just get things moving. The other thing you might try the BBB.