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  #1  
Old Jul 29, 2010, 10:15 PM
Stanley raffes Stanley raffes is offline
 
Join Date: Jul 2010
Posts: 3
Default Two bags delayed- excessive charges/rude

My wife and step daughter are Romanian. We traveveled back to NYC from Bucharest. This is my step daughter, Andreea, who is only 19, first trip
to New York, and the USA. Delta misplaced two (2) luggage- the first was returned with some damage after three (3) days-
I just got a phone call that the second baggage was somehow discovered in Syracuse, New York(this contained a digital camera, my heart medication, my daughter clothes fourteen- (14) days later- how did bag get to Syracuse(we travelled Bucharest to Amersterdam to JFK, New York(arrive4d 7/15/210
Staff was rude, unapologetic, and seemed to do everything posssible to deny/minimize responsibility Delta blamed KLM- Klm blamed Delta-
etc With excessive charges foir extra baggage (wer were only allowed one bag each) etc we paid almost $4000 dollars for 3 tickets- $4000 for misplaced luggage- fourteen day delay. I feel like going to Small Claims Court in NYC- I wrote Delta/KLM threatening letter. This has been a terrible experience- what can I do about it. Thanks

PS, My step daughter,who is a pretty young woman, had most of her clothes missing- we neglected to all some save all receipts, for purchses

Last edited by Stanley raffes; Jul 29, 2010 at 10:16 PM. Reason: typo error
  #2  
Old Jul 30, 2010, 9:14 AM
jimworcs jimworcs is offline
 
Join Date: Jan 2008
Location: Lot et Garonne, France
Posts: 3,197
Default

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!!
  #3  
Old Jul 30, 2010, 9:25 AM
The_Judge The_Judge is offline
Former Airline Employee (NOT OFFICIAL REP)
 
Join Date: Oct 2008
Posts: 1,113
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A friend of mine was sub-contracted by some small middle-eastern airline several years back. I wish I could remember the name but I can't. Anyway, they had like a 6kg limit on carryons. One woman had more than the limit. She couldn't/wouldn't remove items so the actual employee who was along side my friend grabbed her bag and removed items until it was 6kg and gave it back to her. My friend was flabbergasted. The employee told him, "They don't expect customer service and we dont give it" This should be Delta's motto.
  #4  
Old Jul 30, 2010, 9:37 AM
jimworcs jimworcs is offline
 
Join Date: Jan 2008
Location: Lot et Garonne, France
Posts: 3,197
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Yeah, lets run a new thread of "Deltas New Motto"

We don't care... and it shows

Delta... fly the unfriendly skies

Life is a journey, travel in hell
  #5  
Old Jul 30, 2010, 2:48 PM
Stanley raffes Stanley raffes is offline
 
Join Date: Jul 2010
Posts: 3
Default Thanks. everyone, for your reponse to my problems with Delta

The second missing bag is supposed to be returned to me today. July 30,2010y ( fifteen days after we got back to NYC)- Ill examine it- see its condition-etc as I said, the bag somehow arrived from Bucharest ,Romania(via Amsterdam) to upstate NY (Syracuse airport)-Delta contacted me via my pharmacist-bat Rite Aide- A Delta employee there apparently opened the luggage and read my name on a prescription pill bottle for my heart medication- I think this is pretty bizarre and outrageous customer service- Delta staff at JFK was consistently rude.

Thanks again for your input/responses
  #6  
Old Jul 31, 2010, 12:19 AM
jimworcs jimworcs is offline
 
Join Date: Jan 2008
Location: Lot et Garonne, France
Posts: 3,197
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Ok, just lets me clear about what is the good service and bad though.

The loss of your bag and the delay in returning it to you is very bad customer service and you are fully entitled to be compensated.

If your bag did not have an address label in Syracuse and the Detla agent opened it and called your pharmacy to try to trace you, that is an example of good customer service. Because this is so unlikely, I think perhaps this was someone new at Delta who hadn't fully learned how to be rude, obnoxious and unhelpful or was working for another company contracted to Delta, so not fully schooled in the Delta way.
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