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  #1  
Old Jun 3, 2011, 9:46 PM
Emily Raw Emily Raw is offline
 
Join Date: Jun 2011
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Default JetBlue wrecks guitars & refuses liability.

My husband is a New York musician & was playing an important acoustic show in Los Angeles sponsored by a generous patron. So he brought his Gibson guitar.

Upon our return we arrived an hour early but were singled out at the gate by the JetBlue agent in Long Beach who refused categorically to allow the guitar on the flight. My husband tried to explain the value & importance of the instrument upon which his livelihood depends but she was dismissive, insisting that there would be no room in the overhead compartments (the guitar easily lays flat in the overhead & all our other bags fit under our seats). She guaranteed us that if gate-checked the guitar would come to no harm. As we boarded, she joked to a colleague about my husband's concern. Hilarious.

From my vantage point on board alone, there were two completely empty overhead compartments. There would absolutely have been enough room for the guitar without inconveniencing other passengers in the least.

When we arrived at JFK we were horrified to find the guitar case soaked with water inside & out, the guitar drenched.

This guitar was a delicate & valuable instrument made of wood & imbedded with electronics. Water warps wood & destroys electronics. It would cost a couple hundred dollars to replace the electronics, but because of warping on the neck the tone is irrevocably altered, the guitar unplayable. An instrument worth thousands of dollars has been destroyed thanks to JetBlue's negligence.

The supervisor at the gate to whom we made our complaint was dismissive, sneering & hostile. He informed us that any promises made in Long Beach were not his problem & refused responsibility for any water damage incurred in flight. He stated in no uncertain terms that JetBlue was not liable for what has turned out to be a devastating financial loss for us.

This attitude by airlines is such a pervasive problem for musicians that there is actually a bill in Congress right now to protect instruments from forced checking (S.223, The FAA Air Transportation Modernization and Safety Improvement Act) so long as they fit in the overhead compartment. TSA allows one musical instrument per person through security as a carry-on item, but past that point airlines can currently impose their own restrictions. It is clearly JetBlue's policy to force check guitars whether or not there is space on board. & then to deny liability for damages incurred due to this policy.
  #2  
Old Jun 4, 2011, 6:05 AM
Gromit801 Gromit801 is offline
 
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Small claims court.
  #3  
Old Jun 4, 2011, 7:47 AM
The_Judge The_Judge is offline
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Just don't take the damn thing, man. Obviously, if there is new legislation then old legislation ain't gonna work. Maybe if there was a James here, he could help us with his law wit. I hope he shows up. My take.......small claims with documentation will get you your lost money.
  #4  
Old Jun 5, 2011, 3:37 AM
Ombudsman Ombudsman is offline
 
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Recently a musician had a guitar destroyed on a United flight. Same scenario. Crew insisted he gate check it and it was returned in pieces. When United refused to reimburse him for the value he posted a video to YouTube. The song's title was "United Hates Guitars." After this public embarrassment United coughed up the money to replace it. Perhaps your husband should consider the same approach.

My friend travels with her cello. It is rare and extremely valuable. She purchases a second seat for the Cello to ensure it travels with her on the plane. Most airlines will allow you to do this with a large instrument. I know it's expensive to purchase a second seat but in the end probably less so than replacing the instrument.

Was your husband's guitar insured?
  #5  
Old Jun 5, 2011, 5:41 AM
Emily Raw Emily Raw is offline
 
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@The_Judge: Please explain to me how a professional musician is to play a show across the country without taking his instrument on a plane & we'd be glad to comply.

@Gromit801: Isn't small claims court only for disputes under $2000? (Not sure, but it used to be.) The guitar cost $3000. Also, the supervisor at the gate at JFK was aggressively insistent that the airline wasn't liable & flat-out told us that we if we filed a complaint at baggage claim it would go nowhere. I know it's stupid, but we were so tired & frustrated that we wiped the guitar down with a t-shirt & went home, hoping for the best. So there's nothing official on file.

@Ombudsman: Unfortunately the guitar was not insured. A friend suggested the YouTube route, so my husband's working on a nice, catchy hook. "F*k you, jetBlue" just rhymes so nicely, don't you think?

I'm considering setting up a Facebook page inviting every musician whose been through this nonsense to write a song about it with the culpable airline in the title, turn it into a movement in support of passing S.223. Because what's so frustrating about this whole wrangle is that it was so unnecessary. They don't ever want to believe it, but the guitar fits perfectly flat in the overhead compartment. Usually when that's demonstrated, the attendants allow it. There was more than enough room on that plane for that guitar.

If even TSA, as persnickety as they are, is fine with instruments on board, why shouldn't airlines be, provided they fit in the overheads? It's only reasonable.
  #6  
Old Jun 5, 2011, 9:31 AM
bilingual bilingual is offline
 
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Jetblue has clearly stated rules regarding carry on bagage,a guitar is far to big for the overheadhttp://help.jetblue.com/SRVS/CGI-BIN/webisapi.dll?New,Kb=askBlue,case=obj(633)

Whether there is room or not is not the issue, if you travel with a expensive guitar, pay and book a seat for it or send it by courier with insurance.
You will guarenteed not succeed in getting a refund for all the costs incured.
  #7  
Old Jun 5, 2011, 4:15 PM
Emily Raw Emily Raw is offline
 
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@bilingual: Interesting. In fact, those very rules you cite state quite clearly that the guitar ought to have been allowed on board for a fee, an option which was never offered to us. It fits easily in the overhead & there was more than enough room on the plane. Thank you. I will be using this information to support our complaint.
  #8  
Old Jun 6, 2011, 1:55 AM
Gromit801 Gromit801 is offline
 
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Quote:
Originally Posted by Emily Raw View Post
@Gromit801: Isn't small claims court only for disputes under $2000? (Not sure, but it used to be.) The guitar cost $3000. Also, the supervisor at the gate at JFK was aggressively insistent that the airline wasn't liable & flat-out told us that we if we filed a complaint at baggage claim it would go nowhere. I know it's stupid, but we were so tired & frustrated that we wiped the guitar down with a t-shirt & went home, hoping for the best. So there's nothing official on file.
In CA, Small Claims covers up to $5000. File the luggage claim anyway, you might still be able to.
  #9  
Old Jun 6, 2011, 6:17 AM
bilingual bilingual is offline
 
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Quote:
Originally Posted by Emily Raw View Post
@bilingual: Interesting. In fact, those very rules you cite state quite clearly that the guitar ought to have been allowed on board for a fee, an option which was never offered to us. It fits easily in the overhead & there was more than enough room on the plane. Thank you. I will be using this information to support our complaint.
That is your own responsibility to check out the conditions before you arrive at the gate.
I am not able to see where it is stated that Jetblue charges a fee for odd-size carry-on bagage, please provide a link.
  #10  
Old Jun 6, 2011, 11:55 AM
A320FAN A320FAN is offline
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Quote:
Originally Posted by bilingual View Post
That is your own responsibility to check out the conditions before you arrive at the gate.
I am not able to see where it is stated that Jetblue charges a fee for odd-size carry-on bagage, please provide a link.
JetBlue does not charge for carry-on luggage. each person is allowed 1 piece of reasonable size and must fit in the over head compartment with the wheels or handle facing the center aisle allow room for other people to store their bags in the same manner. In addition 1 personal item such as a purse, breifcase or laptop shoulder bag may be brough on so long as it fits completely underneath the seat infront of you with out obstructing the walk of the other 2 seat occupants in case of an emergency and quick evacuation is required.
  #11  
Old Jun 6, 2011, 1:54 PM
bilingual bilingual is offline
 
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Quote:
Originally Posted by A320FAN View Post
JetBlue does not charge for carry-on luggage. each person is allowed 1 piece of reasonable size and must fit in the over head compartment with the wheels or handle facing the center aisle allow room for other people to store their bags in the same manner. In addition 1 personal item such as a purse, breifcase or laptop shoulder bag may be brough on so long as it fits completely underneath the seat infront of you with out obstructing the walk of the other 2 seat occupants in case of an emergency and quick evacuation is required.
There is clearly stated rules of carry-on size, which a guitar does exceed:

To fit in the overhead bin, your item must not exceed:

for our Airbus A320: 26 inches (66 centimeters) length x 18 inches (45.72 centimeters) width x 12 inches (30.48 centimeters) height
for our EMBRAER 190: 24 inches (60.96 centimeters) length x 16 inches (40.64 centimeters) width x 10 inches (25.4 centimeters) height
  #12  
Old Jun 6, 2011, 9:36 PM
Gromit801 Gromit801 is offline
 
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Kinda misses the point. Which is a water damaged guitar. That it wouldn't fit in the cabin is a bit on the irrelevant side by now.
  #13  
Old Jun 7, 2011, 12:12 AM
A320FAN A320FAN is offline
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Quote:
Originally Posted by Gromit801 View Post
Kinda misses the point. Which is a water damaged guitar. That it wouldn't fit in the cabin is a bit on the irrelevant side by now.
The water damage is from the condensation as the aircraft was climbing through altitudes towards the assigned flight level (FL). Also there is the minor detail that a cold cargo bin, and a humid outside temprature will also result in condinsation thus creating the water.
  #14  
Old Jun 7, 2011, 7:37 AM
bilingual bilingual is offline
 
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Quote:
Originally Posted by Gromit801 View Post
Kinda misses the point. Which is a water damaged guitar. That it wouldn't fit in the cabin is a bit on the irrelevant side by now.
A cargo room in an airplane is not equal to a passenger cabin, why else do most people travel with hardcase suitcases? This situation can be summed up to:

1. Pax wants to bring guitar into cabin but are denied, which is perfectly legitimate due to measurements.

2. Pax checks in a guitar, which is not case protected to stand moist.

I understand that the passengers are upset of the damage caused due to the forced check-in, but if they had read the rules, this situation would have never occured.

I believe that the passengers will get a compensation for the damage,but nothing close to their claim and if they have signed a Limited Liability Release Form for the guitar it will be peanuts.
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