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Old Dec 3, 2010, 4:46 PM
jimworcs jimworcs is offline
 
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I agree that the 7 days requires extenuating circumstances, but the broken screw thread does potentially present such circumstances. The question is should the customer have reported the damaged screw thread in the time available? I think this is open for debate and would very much depend on the approach of the adjudicator in small claims court. The OP asked for ways to inconvience SWA.. small claims is pretty much the only way to do that...
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Old Dec 4, 2010, 4:19 PM
ChrisH ChrisH is offline
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Jim is correct. You are likely going to need to bring SWA to court to potentially get anything done about this. Even then, it may not be worth it or resolve the issue. People need to remember that when you purchase a ticket, you agree, in contract, with that airline's "Contract of Carriage" and the terms and "Fare Rules" that apply to that ticket. The Contract of Carriage and the Fare Rules will spell out the policies that the airline has on such things as reporting damaged luggage and/or missing contents.

If it seems evident that SWA damaged your rod case, they should resolve the issue with you. It only seems fair, but given the time that has passed, I'm doubting they are going to give in. If you continue to push the issue, you may reach someone who will do something for you.

Also, HoustonFlyer is correct when he says the DOT likely cannot help you. The DOT does not just count every complaint that comes in against the airlines. They are going to verify the complaints and they are going to make sure that the complaint isn't just because someone disagrees with the airline's policies. The DOT will count complaints and put pressure on an airline when complaints arise from an airline's refusal to follow it's own policies, etc. In other words, had you reported the damage immediately and yet SWA still refused to compensate for it. As a result, it will also probably be a waste of time and not do any good to make thousands of complaints to the DOT about SWA under different identities. The DOT will make sure any complaints are ligit.

With that being said ... continue to push this issue with SWA and please keep us up to date as to any responses and communication you have with them.
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