[Nils Carlson]

I am gioing to Stockholm at least once a year but this year I went 3 times due to a death in my family. I choosed Malysia Air on my last trip July 20 - August 3 since I would only have a short wait for the connecting flight in Newark. This flight was near $500.00 more than with other airlines but I felt that the time I saved would be worth the price.

On the flight from Newark I did not get the seat that had been assigned to me prior to leaving for the airport but ev. I was assigned an aisle seat further back in the aircraft - which was ok with me.
On arrival to Stockholm my luggage was missing. I filed a report with Menzies Aviation, handling Malasya Airlines luggage in Stockholm. When the luggage had not arrived by the next day I tried to get in touch with both the airline and Menzies. I could not reach either so finally I called the airlines phone number in Kuala Lumpur and talked to a lady who said she would call their ticket office in Stockholm and have someone contact me.
After some time an employe, Rizal called me and took all the information allready given to Menzies Aviation. He also told me that in EU I would only be able to get $60.00 in reimbursement for late luggage.
I made sure he had my e-mail address, residence phone number and mobile number before we finnished the call.
The luggage did ev. show up after 4 days and many more calls to Malasya Airlenes ticket office of which most never were answered or returned.

The worse experience was the return flight in August. Upon arriving to Malysia Airlines desk at the airport in Stockholm 2 1/2 hrs before departure 07:45 I was asked if I had not been notified that the flight would not leave until late evening. Later on in Los Angeles I found a messge on my resident phone from Rizal that the flight would be delayed.
I was now put up in a nearby hotel and after another 2 hour delay in the evening we took off.
Upon arrival to Newark the airline had only one employee handling all the missed connections. After nearly 2 hrs and after a second employee showed up did I get a hotel voucher and ticket on Continental Airlines the following evening. The employee refused to book me on another airline leaving earlier.
Following morning I had breakfast and fractured a tooth on a piece of hard bacon. I will need an implant for > $5000.00 instead of the crown that not long ago had cost me $ 2200.00
I then decided to go to the airport and try to get on one of Continentals 2 earlier flights to LA as a standby passenger. I did get on a flight leaving 2 PM. I arrived in LA 29 hrs after scheduled arrival and it would have been later yet if I had left with the flight Malysia Airline had booked me on.

To make things worse I have not heard from Malysia Airlines regarding my request for $ 60.00 as reimbursement for undreware, toileteries I had to bye waiting for my missing luggage. I sent the request to Rizal in Stockholm 2 months ago as instructed!

NEVER EVER FLY MAYSIA AIRLINES!!

[PHXFlyer]

Check the EU rules for delayed baggage compensation. I believe you are entitled to $60 in addition to a certain allowance to purchase necessities such as toiletries and undergarments.

That's actually better than what you'd receive from a US based airline. A daily stipend is optional but most give you only $25 per day for a maximum of three days and some will give you a small allowance for clothes and toiletries but usually set a very low limit. Either way you usually have to fight to receive any delayed baggage compensation.

Keep calling and good luck. Have you tried writing a letter? Sometimes that will get faster action than a phone call.

[AirlinesMustPay]

Originally Posted by Nils Carlson

Following morning I had breakfast and fractured a tooth on a piece of hard bacon. I will need an implant for > $5000.00 instead of the crown that not long ago had cost me $ 2200.00

Are you thinking of claiming this from the airline? If so it is too remote, and not a loss that would have been contemplated by the airline when they delayed you. Perhaps the hotel may be responsible.

[PHXFlyer]

Originally Posted by AirlinesMustPay

Are you thinking of claiming this from the airline? If so it is too remote, and not a loss that would have been contemplated by the airline when they delayed you. Perhaps the hotel may be responsible.

I think the we can infer from the OP's post that the bacon was part of the meal served on the airplane. If so he has a good case against the caterer but not the airline. Let the flaming begin but the flight attendants only heat and serve the food. They are not cooks nor are they waiters/waitresses. If a hard piece of bacon chipped your tooth in a restaurant would you sue the waiter/waitress or the restaurant?

[Nils Carlson]

Originally Posted by AirlinesMustPay

Are you thinking of claiming this from the airline? If so it is too remote, and not a loss that would have been contemplated by the airline when they delayed you. Perhaps the hotel may be responsible.

No I am not but I m claiming it from my travelinsurance Acess Ameica who so far has denied it claiming my trip ended August 3 not August 4 which it actually did. I am puruing them through Ca. Dept of insurance.
But I am claiming $ 60.00 from Malysia Airlines which is the allowed amount by a EU convention.

[Nils Carlson]

Originally Posted by PHXFlyer

Check the EU rules for delayed baggage compensation. I believe you are entitled to $60 in addition to a certain allowance to purchase necessities such as toiletries and undergarments.

That's actually better than what you'd receive from a US based airline. A daily stipend is optional but most give you only $25 per day for a maximum of three days and some will give you a small allowance for clothes and toiletries but usually set a very low limit. Either way you usually have to fight to receive any delayed baggage compensation.

Keep calling and good luck. Have you tried writing a letter? Sometimes that will get faster action than a phone call.

I don't think you read my complaint thouroughly. I did send request for the $ 60.00 along with recipts and documentation from the company handling Malysia Airlines luggage in Stockholm to the airlines ticket office there - as instructed. The tooth fractured at the Renassance Hotel in Newark but had I been scheduled to connect with another air line leaving that night, rather tha with Continental ~10 hrs late, Malysia Airline would not had to put me in a hotel and I would never eaten that bacon.

[AirlinesMustPay]

Originally Posted by PHXFlyer

I think the we can infer from the OP's post that the bacon was part of the meal served on the airplane. If so he has a good case against the caterer but not the airline. Let the flaming begin but the flight attendants only heat and serve the food. They are not cooks nor are they waiters/waitresses. If a hard piece of bacon chipped your tooth in a restaurant would you sue the waiter/waitress or the restaurant?

Well the OP just cleared up where the incident with the bacon occurred.

But you raise an interesting point as to who is the correct defendant, if the consumer is making a claim for something like this. A claim may lie in contract and the question will be who was the one who the consumer had the contract with. This is easily answered by asking who collected the money and it would be the airline and not the caterer. In the case of a restaurant, it would be the restaurant and not the waitress who is paid for the meal. The waitress may only take the money to the cashier. So for the claim in contract, it is the airline if they had served you hard bacon. They can in turn claim against the caterer. The passenger may not even know who the caterer is.

But in situations like this, a claim in tort may arise. A tort is a civil wrong and in this case it would be negligence. This passenger suffered injury from bacon prepared by a caterer. If the caterer negligently permitted a piece of bone to get into the bacon, or if his bacon was fried too much getting it too hard, he is liable. So if the airline discloses the name of his caterer, a claim may be made against the caterer.

But the claim in contract still lies against the airline. A consumer may in one suit make a claim against two defendants, one in contract and one in tort.

The above would apply if it was that it happened on the aircraft.

Since it happened in the hotel, it would be the hotel that is liable.

[AirlinesMustPay]

Originally Posted by AirlinesMustPay

This is easily answered by asking who collected the money

I should qualify this by saying that where the person collecting the money from the customer makes it clear that he is doing so as an agent, then he is not liable but the principal is (that is the person for whom he acts as an agent). And this is typically the case where a passenger goes to a travel agent and buys an airline ticket or some other service, e.g. hotel room. In such a case it would be the airline or hotel who is responsible for the delivery of the service.

[AirlinesMustPay]

Originally Posted by Nils Carlson

No I am not but I m claiming it from my travelinsurance Acess Ameica who so far has denied it claiming my trip ended August 3 not August 4 which it actually did.

This is probably a way for the OP to pursue the claim against the airline. If Access America refused the claim because the trip ended on August 3rd, it may be that what ended on August 3rd was the insurance cover. When he applied for insurance cover, they likely covered him up the date when his trip was intended to end. If so, the OP's insurance ended that day (3rd), and notwithstanding that the trip actually ended on the 4th, the insurance cover had expired. It is a foreseeable result from a delay from 3rd to 4th would mean that on the 4th, the morning when the OP bit into this hard bacon, that he would suffer loss and damage by not being insured that morning. So although damaging one's tooth on bacon would not have been contemplated by the airline, the loss of insurance cover is a natural and foreseeable result of the delay, and so the OP may be entitled to make the airline pay what the insurance did not.