Thai airline offers measly 2,000 baht compo for destroying passenger's luggage

[fxe1200]

Just pay your flights with your Mastercard, then your luggage is automatically insured up to 2500 Euro, not THB. That is what the card is for.

Edited May 28, 2016 by fxe1200

[ratcatcher]

Does this have any relevance to this discussion? I am not a scientist or a frequent flyer. Just curious.

http://www.bloomberg.com/news/articles/2014-08-11/exploding-lithium-batteries-riskier-to-planes-research

[harrry]

The airline is trying to rip you off, Thailand is a signatory to the Warsaw and Montreal convention which stipulates compensation for various problems with the airlines and postal authority and is such as baggage damage and loss

Article 22 - Limits of liability in relation to delay, baggage and cargo

98

1. In the case of damage caused by delay as specified in Article 19 in the carriage of persons, the liability of the carrier for each passenger is limited to 4,150 Special Drawing Rights.

99

2. In the carriage of baggage, the liability of the carrier in the case of destruction, loss, damage or delay is limited to 1,000 Special Drawing Rights for each passenger unless the passenger has made, at the time when the checked baggage was handed over to the carrier, a special declaration of interest in delivery at destination and has paid a supplementary sum if the case so requires. In that case the carrier will be liable to pay a sum not exceeding the declared sum, unless it proves that the sum is greater than the passenger's actual interest in delivery at destination.

100

3. In the carriage of cargo, the liability of the carrier in the case of destruction, loss, damage or delay is limited to a sum of 17 Special Drawing Rights per kilogram, unless the consignor has made, at the time when the package was handed over to the carrier, a special declaration of interest in delivery at destination and has paid a supplementary sum if the case so requires. In that case the carrier will be liable to pay a sum not exceeding the declared sum, unless it proves that the sum is greater than the consignor's actual interest in delivery at destination.

101

4. In the case of destruction, loss, damage or delay of part of the cargo, or of any object contained therein, the weight to be taken into consideration in determining the amount to which the carrier's liability is limited shall be only the total weight of the package or packages concerned. Nevertheless, when the destruction, loss, damage or delay of a part of the cargo, or of an object contained therein, affects the value of other packages covered by the same air waybill, or the same receipt or, if they were not issued, by the same record preserved by the other means referred to in paragraph 2 of Article 4, the total weight of such package or packages shall also be taken into consideration in determining the limit of liability.

102

5. The foregoing provisions of paragraphs 1 and 2 of this Article shall not apply if it is proved that the damage resulted from an act or omission of the carrier, its servants or agents, done with intent to cause damage or recklessly and with knowledge that damage would probably result; provided that, in the case of such act or omission of a servant or agent, it is also proved that such servant or agent was acting within the scope of its employment.

103

6. The limits prescribed in Article 21 and in this Article shall not prevent the court from awarding, in accordance with its own law, in addition, the whole or part of the court costs and of the other expenses of the litigation incurred by the plaintiff, including interest. The foregoing provision shall not apply if the amount of the damages awarded, excluding court costs and other expenses of the litigation, does not exceed the sum which the carrier has offered in writing to the plaintiff within a period of six months from the date of the occurrence causing the damage, or before the commencement of the action, if that is later.

Loss or damage of baggage is covered by the Warsaw Convention and amended in the Montreal Convention

What's the value of a 'special drawings right' in THB then?

As of October 16, 2014, the value of an SDR is about US$1.49, £0.93 or A$1.70. Current SDR values for other currencies are also listed here.

[onthemoon]

Many moons ago i bought a very expensive Rucksack to use whilst travelling the world, it was the latest out at the time and in excess of £350.......

After a flight from Khon Kaen to Bangkok it arrived in the baggage hall in pieces.....

I was told by a lovely young lady supervisor ' Sollee Misterrr ' 'But you have insurance yeah?' ......

She offered me a measly 400 baht for a new Rucksack, when i told them how much it cost she started getting upset and teary eyed, i said ' But it cost over £350 in English money, that's 17,500 baht in Thai money'. the lovely young lady looked down to the floor and said ' Misterrr, im velly velly sollee about your bag, buts that's more than i earn a month, if there was anything i could do to help you i would '.

After that it didn't seem to matter, i left the lady with a couple of hundred baht tip and as a young man travelling around the world i learnt a very valuable lesson i have kept with me to this day...........

You didn't answer her question: Did you cover insurance or not? That's the point.

[onthemoon]

Aren't there international conventions on the amount of compensation? The Warsaw convention or some such that allows so much compensation per kg of checked baggage.

Imho the poster of the pictures should name and shame the airline.

He did name the airline, and the airline compensated according to their conditions.

As somebody else pointed out, the Warsaw Convention only applies to international flights.

[William C F Pierce]

2000 Baht would not cover the cost of the case, let alone the cost of the possessions inside. Corruption again???

[onthemoon]

the empathy on TVF. the issue here is the airliner pays 2000THB for ruining the bag and content. if a designer suit was in it (same price as a laptop) and a 350€ shaver they would also have paid just 2000....

Sure. The traveller did not cover insurance.

What do you think? You don't want to pay insurance premiums but still expect to have full coverage? How does that makes sense?

[onthemoon]

Thailand...day after day....it's more than a trend...it's truly being yourself.

It's more the foreigners in Thailand that are the problem in this thread. They do not seem to understand international regulations.

Tell me a country in which baggage is fully insured without covering insurance,

[onthemoon]

Am I the only clever sod that never puts anything hard or valuable in checked luggage?

No, you are not alone. In fact, every frequent traveller knows this basic rule.

[onthemoon]

Well , nothing news worthy here ! I almost got arrested for complaining about Tiger Air losing my Bags for 4 all days of my trip to Philippines , it was found as I was departing , and in Singapore where it was wrongly shipped to Chaing Mai , they would not do anything besides hand me a form to fill out , even tho they ruined my trip ! Just like so many things today , people take no pride in their companies ! The staff swore their was no one in charge , to talk to about my complaint. I asked them , so if a plane crashes their is no one around to handle their disaster either !

Totally unrelated to this thread, but thanks for sharing.

[onthemoon]

Meanwhile in Dubai, I left a bag containing a couple watches and some personal effects at the Downtown Holiday Inn. I called them from my destination to be told they had the bag and would hold it for me untill my return in a few weeks. Upon my return I was told the bag had been stolen from their safe by one of their staff. They asked me about the cost of the valuables inside, and compenated me in cash, around $2,300USD on the spot.

Totally unrelated to this thread, but thanks for sharing.

[onthemoon]

Wouldn't be surprised to find out that it was not properly loaded on the apron baggage trolley and was run over by another vehicle.

I wouldn't be surprised if it happened by throwing another heavy hard suitcase onto the bag while loading the trolleys.

Once on Swampy we were all waiting at the gate behind the window while i noticed a groundworker throwing suitcases in the trolleys. It seemed like a game for him to throw them as hard as possible.

I believe you. But this is not limited to Thailand, it is the same all over the world.

[ableguy]

Probably a blonde

You are pathetic, more like kin of yours.

[onthemoon]

What is "the new airline"? If it is not an IATA airline, their conditions of contract might say that they accept no liability whatsoever. Read the ticket, I suggest.

Good real world suggestion.

But regardless of what's written on the ticket, there's a reasonable expectation that a company being paid to handle my goodies should handle those goodies with reasonable care, and should accept responsibility if they don't exercise reasonable care.

I doubt the ticket addresses other common issues like what happens if I get electrocuted by badly maintained wiring on the airplane, fall off the jetway because the guy doesn't park it close enough, or get food poisoning with the other 150 people on the aircraft because they mishandled the food. But it's reasonable to believe they have some liability if they were negligent or deliberately caused me harm. Regardless of what's in the T&C's, there are legal duties of care, and consequences for negligence of those responsibilities.

Otherwise, they have carte blanche to take a sledgehammer to every bag they handle, and it's tough noogies to the passengers because the ticket says so?

True. But the point is that carriers's liability applies first; if the damage (in value is higher), you will get paid only if you have covered insurance.

Now. If it is the fault of the airline or their subcontractors, you can start civil litigation. If the damage is within the liability values, good look. If the value is higher, your insurance will pay to you and you don't even care whether they take the airline in regress.

Edited May 28, 2016 by onthemoon

[Mook23]

the empathy on TVF. the issue here is the airliner pays 2000THB for ruining the bag and content. if a designer suit was in it (same price as a laptop) and a 350 shaver they would also have paid just 2000....

Sure. The traveller did not cover insurance.

What do you think? You don't want to pay insurance premiums but still expect to have full coverage? How does that makes sense?

I expect nothing from the corporate world who only think about their own greed/shareholders. I simply observe the utter lack of empathy here. Empathy is free of charge. I have never taken insurance on checked in luggage. Did u?

[KhaoNiaw]

Many moons ago i bought a very expensive Rucksack to use whilst travelling the world, it was the latest out at the time and in excess of £350.......

After a flight from Khon Kaen to Bangkok it arrived in the baggage hall in pieces.....

I was told by a lovely young lady supervisor ' Sollee Misterrr ' 'But you have insurance yeah?' ......

She offered me a measly 400 baht for a new Rucksack, when i told them how much it cost she started getting upset and teary eyed, i said ' But it cost over £350 in English money, that's 17,500 baht in Thai money'. the lovely young lady looked down to the floor and said ' Misterrr, im velly velly sollee about your bag, buts that's more than i earn a month, if there was anything i could do to help you i would '.

After that it didn't seem to matter, i left the lady with a couple of hundred baht tip and as a young man travelling around the world i learnt a very valuable lesson i have kept with me to this day...........

You didn't answer her question: Did you cover insurance or not? That's the point.

Maybe that's the very valuable lesson he's kept with him to this day...?

[onthemoon]

the empathy on TVF. the issue here is the airliner pays 2000THB for ruining the bag and content. if a designer suit was in it (same price as a laptop) and a 350 shaver they would also have paid just 2000....

Sure. The traveller did not cover insurance.

What do you think? You don't want to pay insurance premiums but still expect to have full coverage? How does that makes sense?

I expect nothing from the corporate world who only think about their own greed/shareholders. I simply observe the utter lack of empathy here. Empathy is free of charge. I have never taken insurance on checked in luggage. Did u?

Sure. I emphathise with the traveller, she got her baggage damaged. This causes problems for her.

But she bought the tickets with the T&C, so she took the risk. So she cannot blame anybody for not having covered insurance.

And no, I haven't covered insurance myself in the past either. I saved those cost. Once my suitcase was lost, and I was heading for a conference. My bad that I had to buy a new suit. Airline compensated me quickly according to Warsaw Convention. But I would never put any important things, like laptop computers or company documents, into checked baggage.

It's the nature of the beast that baggage may get lost or damaged. Insurance companies can compensate monetary value only. If you don't even cover insurance, why would you complain about not being fully compensated?

Read the ticket, is my advice.

[onthemoon]

The airline is trying to rip you off, Thailand is a signatory to the Warsaw and Montreal convention which stipulates compensation for various problems with the airlines and postal authority and is such as baggage damage and loss

Article 22 - Limits of liability in relation to delay, baggage and cargo

98

1. In the case of damage caused by delay as specified in Article 19 in the carriage of persons, the liability of the carrier for each passenger is limited to 4,150 Special Drawing Rights.

99

2. In the carriage of baggage, the liability of the carrier in the case of destruction, loss, damage or delay is limited to 1,000 Special Drawing Rights for each passenger unless the passenger has made, at the time when the checked baggage was handed over to the carrier, a special declaration of interest in delivery at destination and has paid a supplementary sum if the case so requires. In that case the carrier will be liable to pay a sum not exceeding the declared sum, unless it proves that the sum is greater than the passenger's actual interest in delivery at destination.

100

3. In the carriage of cargo, the liability of the carrier in the case of destruction, loss, damage or delay is limited to a sum of 17 Special Drawing Rights per kilogram, unless the consignor has made, at the time when the package was handed over to the carrier, a special declaration of interest in delivery at destination and has paid a supplementary sum if the case so requires. In that case the carrier will be liable to pay a sum not exceeding the declared sum, unless it proves that the sum is greater than the consignor's actual interest in delivery at destination.

101

4. In the case of destruction, loss, damage or delay of part of the cargo, or of any object contained therein, the weight to be taken into consideration in determining the amount to which the carrier's liability is limited shall be only the total weight of the package or packages concerned. Nevertheless, when the destruction, loss, damage or delay of a part of the cargo, or of an object contained therein, affects the value of other packages covered by the same air waybill, or the same receipt or, if they were not issued, by the same record preserved by the other means referred to in paragraph 2 of Article 4, the total weight of such package or packages shall also be taken into consideration in determining the limit of liability.

102

5. The foregoing provisions of paragraphs 1 and 2 of this Article shall not apply if it is proved that the damage resulted from an act or omission of the carrier, its servants or agents, done with intent to cause damage or recklessly and with knowledge that damage would probably result; provided that, in the case of such act or omission of a servant or agent, it is also proved that such servant or agent was acting within the scope of its employment.

103

6. The limits prescribed in Article 21 and in this Article shall not prevent the court from awarding, in accordance with its own law, in addition, the whole or part of the court costs and of the other expenses of the litigation incurred by the plaintiff, including interest. The foregoing provision shall not apply if the amount of the damages awarded, excluding court costs and other expenses of the litigation, does not exceed the sum which the carrier has offered in writing to the plaintiff within a period of six months from the date of the occurrence causing the damage, or before the commencement of the action, if that is later.

Loss or damage of baggage is covered by the Warsaw Convention and amended in the Montreal Convention

What's the value of a 'special drawings right' in THB then?

One special drawings right is roughly 50 baht.

Special drawings right are like the old pre Euro ECU. It's used for budgeting purposes by institutions like the UN and World Bank, and it's value is derived from a basket of currencies.

To elaborate more on this, the SDR is a basket currency explained here: https://www.imf.org/external/np/fin/data/rms_sdrv.aspx

I wish it were adopted in more international transactions.

[mrfaroukh]

All airline laws are that they are not responsible for expensive items like laptop, camera etc in the luggage. But they should have paid for the suitcase and other stuff that are damaged. If the luggage was lost then they would pay around 20 dollar per kg. So what they give is the maximum kg allowed plus extra paid for over weight.

[Chalard]

we had 2 suitcases ruined by the new airline, both had the handles broken off them. When we confronted the sales point with it they promptly closed the office and walked out. The head office refused to do anything about it when we contacted them as they said we had no proof they did it, they are cheap and do not have any customer service or care for what they do, wouldnt be surprised if this is from the same people.

You forgot to SMILE.....

[Moonmoon]

This is what hurts the Tourism IMAGE of THAILAND not some kaoshan manager who punch some cheapskate customer in the face.

[rapom]

what sort of a half wit puts a laptop in their checked baggage ?.

Lucky its still there.

Why would anyone check a backpack and not stow as carry-on.

[hawker9000]

'Taking lessons from our American baggage handlers (and TSA) I see... Gold star.

[Don Mega]

If the luggage was lost then they would pay around 20 dollar per kg. So what they give is the maximum kg allowed plus extra paid for over weight.

Why would they pay $20.00 per kg when in their own T&C's they say they will pay Bt.100.00 per kg up to a maximum of Bt2,000.00 ?

Edited May 28, 2016 by Don Mega

[optad]

Arrived in KL from Surat Thani one year [~2011] to wait inordinately at the carousel for my [oversized for needs but very new] luggage. It was a small flight. When the suitcase finally emerged, it was evident from 'other' visible packaging remnants/wrapping detritus, and being crushed, lock broken, zip suddenly dysfunctional that something else had been housed in it on that short trip.

Point is, that small airports are dangerous transit points for all sorts of things. I am impugning something more nefarious than the 'mishandling' in the OP, and just posting a cautionary tale for all. No possibility of reporting my story in Malaysia!

[Colabamumbai]

I would not be surprised if she was told she could not carry on the computer and had to check it in with checked baggage.

[WhamBam]

Tight so n so's

Etihad had a delay on my luggage (ok, not the same as destroying the contents) but they compensated me 1,400 Baht a day for each day and gave me 4,200 Baht. They also kept in contact with me and had the baggage delivered to my condo in Pattaya. A world of difference to how this customer was treated by the Thai airline.

[boobkook]

Damn, wish I knew which airline. I'm gonna be travelling domestic in Thailand soon.

[Don Mega]

Damn, wish I knew which airline. I'm gonna be travelling domestic in Thailand soon.

[B1TcoinLife]

Many moons ago i bought a very expensive Rucksack to use whilst travelling the world, it was the latest out at the time and in excess of £350.......

After a flight from Khon Kaen to Bangkok it arrived in the baggage hall in pieces.....

I was told by a lovely young lady supervisor ' Sollee Misterrr ' 'But you have insurance yeah?' ......

She offered me a measly 400 baht for a new Rucksack, when i told them how much it cost she started getting upset and teary eyed, i said ' But it cost over £350 in English money, that's 17,500 baht in Thai money'. the lovely young lady looked down to the floor and said ' Misterrr, im velly velly sollee about your bag, buts that's more than i earn a month, if there was anything i could do to help you i would '.

After that it didn't seem to matter, i left the lady with a couple of hundred baht tip and as a young man travelling around the world i learnt a very valuable lesson i have kept with me to this day...........

You gave her a tip For destroying your luggage... No wonder they think farangs are dumb

..