The act of the suitcase is not subject to repair. Luggage Damage: Traveler Stories. In what cases can they refuse to carry out repairs under a valid warranty
If you spoiled a suitcase at the airport in St. Petersburg during transportation, then it is not always possible to solve the problem. A minor violation by a passenger may result in the inability to take compensation from the airline. It is necessary to immediately inform the airport employees, as well as draw up a statement about damage to luggage during transportation.
The airline requires a certificate if the suitcase is broken at the airport and cannot be repaired. If a wheel, handle, plastic case is broken at the airport or a suitcase is torn at the airport.
You need to do the following:
Do not leave the arrivals area with damaged luggage!
Immediately tell the airline employee about damage to luggage in the arrivals area. Since the airline is responsible for your suitcase only in the arrivals area. If you take the luggage out of the zone, the employee will not accept the claim. After removing the luggage from the conveyor belt, you do not need to leave it for a long distance. Next, you need to fill out a claim. It must indicate the following list of information: the applicant's full name, postal address, the amount of the payment amount and its calculation (checks, receipts), the name of the air carrier. After that, you need to give a sheet with a description of the breakdown. A claim for damage to luggage is accepted only from the person who checked in this luggage. It is necessary to provide documents concluding a contract of carriage and confirming the right to file a claim.
The airport in St. Petersburg has its own specialists for these claims. These employees record the damage and find out the reason for the breakdown of the suitcase.
Take a photo of a damaged suitcase
It is necessary, along with the claim statement, to provide original documents on the basis of which all requirements are put forward. Based on the results of the consideration of the claim, the documents will be returned upon written request.
Compensation or repair
The airline pays compensation extremely reluctantly. And also the amount of compensation is not very significant. The airline will reimburse the damage to the suitcase from its newness. Most often it is 50-100%.
An airline suitcase repair certificate can be provided to the workshop. If it is difficult to bring a suitcase for the staff to do an inspection? Then you can write out an act from a photograph.
First of all you need:
- draw up an act without leaving the airport building;
- send a claim to the carrier with a boarding pass, baggage tag, sales receipt for the suitcase,
- photo of a damaged suitcase or bag.
If you have also been asked for a certificate from repair shop about the impossibility of repairing the suitcase.
Such references our suitcase repair shop issues under the following conditions:
- An act of damage is issued depending on the breakdown at the discretion of the master. The cost of a suitcase is up to 15,000 rubles.
- It is advisable to show a receipt for its purchase to confirm the cost of the suitcase.
Is it difficult to bring a suitcase to us for inspection? Then we will issue an act based on the photo.
What compensation can you expect? As a rule, the airline reimburses damage in the amount of 50-100% of the cost of a new suitcase or bag.
The cost of the certificate is 400 rubles.
Price
Attention! Prices are for non-original parts. Installing original spare parts for expensive brands at a cost may vary. (Prices are inclusive of labor and materials).
|
Types of jobs |
||||
|---|---|---|---|---|
|
Cost, rub. |
||||
|
1000 |
1500 |
||
|
1000 |
1500 |
||
| ||||
| ||||
|
from 300 | |||
|
700-1500 |
|||
|
700-1500 |
|||
|
900-1500 |
|||
|
900-1500 |
|||
| ||||
| ||||
| ||||
| ||||
| ||||
| ||||
|
5 p. cm |
10 p. cm |
15 p. cm |
20 p. cm |
|
10 p. cm |
20 p. cm |
30 r. cm |
50 r. cm |
|
2000 |
3000 |
35000 |
4000 |
| ||||
| ||||
| ||||
| ||||
| ||||
| ||||
| ||||
|
Arriving in a new country or home. You are waiting for your “hero” on the baggage carousel… and you find out that someone obviously played football with him. This is exactly what happened to my new plastic suitcase upon arrival from Sharm el-Sheikh to Kyiv. This is not my first "rendezvous" with the airline regarding damages for damaged luggage. In this article, you will learn what to do and where to run at the airport, what you can count on and other useful tips from personal experience. Damaged baggage: what to do at the airportOur charter flight Sharm el Sheikh => Kyiv was operated by our own UIA airline. But before you communicate with her, you need to follow simple steps: ✈️ We fix the fact of luggage damage at the Lost & Found counter (at the same time we take a photo at the airport). Even if you arrived late at night and it seems that you cannot find the right employee. Do not give up! There is always someone in Lost&Found. In the Lost & Found service, fill out an act on damage to luggage. This is an official document confirming the damage to the suitcase; ✈️ We find all baggage tags, boarding and electronic tickets. It is very important not to lose the same baggage tag that is glued to the passport at check-in and baggage check-in; ✈️We draw up a written claim to the airline in Lost&Found. This is the first complaint before you write a letter to the airline itself. Here it is important to describe the suitcase (color, model), the degree of damage, when and for how much the suitcase was bought, what compensation you want to receive. You can take a photo of this claim, it will serve as a template for your further letter. At the moment, you have fixed luggage damage at Lost&Found. Damaged baggage: what to do nextAt the airport, the main thing is to draw up an act on damage to luggage and get a personal number upon the fact of damage. When the first time I was delivered a splayed suitcase, the representative of the airline herself suggested where and what kind of damage I had. So you can immediately start a thorough inspection at the Lost & Found counter. It is clear that because of the things in the suitcase, something may be missed, so our next step is to write a claim directly to the airline. At UIA, according to the rules, you need to send a letter to the post office within 7 days after receiving the suitcase. Although I read that other airlines also have such rules, most likely they are international. The text of the claim can be expressed in free form. I really liked that I didn’t have to do it by hand and send all the documents and evidence to the airline. At UIA, it is enough to write a letter to the post office and attach all the photos / videos. This is a plus! In the letter we indicate all the details and do not forget to express our claim in cash. For example, part of my letter: « When checking in for flight PS 5016 on 01/27/2018 Sharm el-Sheikh - Kyiv, a gray suitcase was checked in, without damage, wrapped in film. Upon arrival at Boryspil airport, it turned out that the suitcase was significantly damaged:
Some airlines may accept damaged baggage even after leaving the airport. In this case, you need to contact the airline as soon as possible. For example, the Lufthansa and AirFrance websites have a special form to fill out if you notice damage to your luggage already at home or at a hotel. ✈️ Now we are waiting for a response from the airline. If the flight was carried out by one airline, then the waiting time is 3 months. If the flight was carried out by several airlines, then they can consider up to six months. In my letter, I demand a refund of the full cost of the luggage, since the suitcase was bought six months ago and it’s just a shame that, due to rough handling, it turned out to be all cracked and through holes. At the same time, only things were in the suitcase. My damaged baggage is already considered material evidence, as evidenced by the Lost & Found Damage and Pilferage Report (DPR) filled out at the airport. If our suitcase had been damaged before, then at Sharm el-Sheikh airport it would have been noted at check-in and the airline would have known that the suitcase was damaged in advance. This compensation does not suit me and our negotiations continue ... I will update the article as all the information becomes available. Below you will just understand what compensation you can expect.
UIA liability for damaged baggageI decided to make UIA responsible for damaged baggage as a separate item. So, “UIA is not responsible for the following types of loss and damage to baggage and things:
Note that there is no talk of wheels on a suitcase. Previously, they were not subject to compensation. “In case of minor damage (dirt, wetting, cuts, tears, etc.) to checked baggage or its contents, UIA recommends that you independently organize the repair or dry cleaning of this baggage/its contents and provide it to the customer relations department or through the feedback form on the official website, a payment document from a repair shop or dry cleaner (check, receipt, invoice, etc.), which confirms the material costs incurred and is the basis for making compensation payments. UIA told me about my damaged luggage that I could not prove that it was they who damaged the luggage. It's good that my geotags were saved in the phone. I advise you to take all the photos / videos right at the airport (preferably before and after). “In case of significant damage to the checked baggage / its contents, if the baggage is beyond repair (which is confirmed by a certificate from the workshop on the impossibility of repair), compensation is paid in the amount of the confirmed actual value of the damaged baggage / its contents (based on the sales receipt / fiscal receipt), taking into account depreciation and according to the Montreal Convention-1999 (up to 1131 SDR). If the baggage cannot be repaired and the passenger cannot confirm the real value of the damaged baggage, compensation is paid depending on the weight of the items, in accordance with the provisions of the Warsaw Convention-1929 (20 USD per 1 kg of damaged baggage), and in accordance with the IATA Identification Card — Baggage Identification Chart. What should I do if I notice damage to my suitcase at home?It is important to understand that not all damage can be compensated. Airlines are more often not liable for normal wear and tear on baggage and damage such as:
In order to understand what is the "normal wear and tear" of the airline, you only need to know the age of your suitcase. When my suitcase was damaged Austrian Airlines deducted from the amount of compensation every year of its use. Then it was 12%, now I saw that Aeroflot has a suitcase depreciation rate of 10% per year. Simply put: if a 2016 suitcase was damaged during transportation, and it cost $100 in the store, the calculation will be as follows: $100 - $20 (20% for two years). What to do if things are missing from the suitcase?Thank God, this did not affect us, only a broken suitcase. But it also happens that personal items disappear from the suitcase. I have a kind of rule that I use myself and always tell my tourists: “Never put valuables in luggage. All laptops, tablets, jewelry, money, etc. we take with us.” And if you have already put something valuable in your luggage, then write about it right on the suitcase so that people don’t look for a long time. I remember one African student who flew to study with us in Portugal. The guy decided to put his laptop in a suitcase, and upon arrival he was very surprised why his luggage had not arrived. It was 2008/2009 and even then everyone was telling him what he thought. His luggage was never found... Cases are different and anything can happen. If your luggage has been opened, you will be able to notice it directly at the airport: the suitcase is not fastened properly, the lock is torn off / broken, the suitcase is open. Following the above points, first of all we go to Lost & Found. The art of opening suitcases discreetly has been greatly improved, and you can already notice the loss of some things at home or in a hotel. Since our article is about damaged luggage, the tips will be devoted to the maximum prevention of unpleasant situations at the airport. From my experience I can say that it does not matter if you have a fabric or plastic suitcase. My fabric one was in worse condition than the plastic one.
If you've had "relationships" with airlines before due to damage to luggage, let me know in the comments. How it all endedThe first response from UIA came very quickly, literally 2 days after the claim was sent: “ Because you didn’t actually incur the cost, because you were charged with a tie for your baggage, we are ready to ask you for compensation from the payment of 70 USD.» The wording really surprised me, i.e. my photos and videos at Boryspil airport were not enough to prove the damage suffered. My further letters went unanswered. So I started looking for a workshop that could prove the damage to my luggage. Unfortunately, I did not find such a workshop in Kharkov, and sending a suitcase to Kyiv for examination was a waste of time and additional costs, which are not the fact that UIA compensated. At this time, my tourists gave me a gift in the form of a small suitcase, which melted my heart a little) Therefore, I limited myself to receiving compensation of 70 USD in hryvnia equivalent. Perhaps next time I will seek legal advice. Have you already had similar situations with airlines? You landed at the airport, reached the baggage carousel, deftly grabbed your suitcase from it and ... found that it was broken! Or they didn’t find their luggage at all ... Or they found, but favorite trousers, a Louis Vuitton bag or gifts for relatives disappeared from the suitcase. What to do? Do not rush to grieve. The airline that transported your luggage is obligated to pay you compensation. As soon as you have received the luggage, inspect it; make sure it's not damaged WHAT TO DO IF THE BAGGAGE IS DAMAGEDFirst of all, bring your suitcase either to the representatives of the airline, who are usually located at airports, or to the airport administration - to the baggage tracing desk Lost & Found. Usually such a counter is located on the same floor as the baggage claim. If the flight is at night or early in the morning, most likely you will not find an airline representative, and you will only have to deal with an airport representative. An employee on site will inspect the damage to your luggage and begin to draw up a damage report - the so-called Damage Report. This document will be sent to the airline responsible for your baggage. For this report, be prepared to provide the following data:
If you notice any damage, take a picture of it immediately. An airport representative will visually assess whether your suitcase needs to be repaired or if it is broken into rubbish. The whole procedure takes about 10-15 minutes, after which the employee will give you a copy of the report. The next step is that you have seven days (for international airlines) to go to the website of the airline that carried your baggage and submit a claim for damage to your suitcase. In this claim, you must briefly describe what happened and write the number of the damage report that was made at the airport. You can also attach a couple of picturesque photos to the application. If you have a receipt from the purchase of the suitcase, then you must also provide it. If it is not preserved, then it is advisable to go to the store and take a copy of the receipt. Within about a week, an airline representative will contact you by e-mail and, if he has any questions, will ask you for additional documents, as well as your bank card number for transfer. And then he will decide how much to reimburse the cost of the damaged baggage. Compensation will be sent to the specified card number. Traveler Svetlana Korikova: “I had a similar problem with Brussels Airlines. They managed to somehow gouge my suitcase beyond repair. I was surprised that the airline asked me for a copy of the receipt - do they really think that people keep receipts after buying suitcases? .. I just sent them a link to an online store that sold exactly the same suitcase with a specified price. To which they answered that this was not a supporting document, but they had mercy and decided to reimburse only half of the cost of my suitcase instead of 100% ... But I’m glad about that too.” If you didn’t find your suitcase at all on the issuing tape, you need to go to a special counter and write a statement of loss Traveler Ilya Shafraev: “And I cheated with the cost of luggage. Even at the airport, he wrote that my suitcase costs more than it actually cost - 70 euros, and I bought it for 30 euros. I felt that all the money would not be returned anyway. Then he took a copy of the check in the store from a friend. As a result, the foreign carrier decided to pay me 50 percent of the value of the luggage. But, thanks to my ingenuity, it turned out that I returned the entire cost of the damaged suitcase - a little more than 30 euros. True, they went to the map for about a month. According to statistics, the luggage of people who fly with transfers most often disappears. WHAT TO DO IF YOUR BAGGAGE IS MISSINGIf the baggage is lost, then you need to draw up a report of the loss immediately at the airport at a special counter. The act will need to describe all the things that were in the suitcase. Some airlines will try to give you 50-200 euros to buy essentials (toothbrush, razor, etc.), but these are rare companies that only show their courtesy, not obligation. Then you just have to wait. From a few hours to a month. In 90 percent of cases, luggage is found and returned within 24 hours. (They bring home for free within the city of arrival and suburbs). But in about 10 percent - in about a month. If your lost baggage is not found within 21 days, it is considered missing and you have the right to claim compensation. Compensation for baggage without a declared value will be approximately $20 per kilogram (depending on the airline). Discuss immediately with the airport and the airline WHAT TO DO IF VALUABLE ITEMS ARE LOST FROM THE BAGGAGEHairdryer, dress, perfume - anything is stolen from luggage packed with tape. The tape is brazenly torn and can even be repackaged after theft so that you won’t notice anything. In general, theft from suitcases seems strange - after all, a video surveillance system is installed almost everywhere, which monitors the entire journey of luggage from and to. But they continue to steal, and not a single trial of the "luggage" thief is known to the public. Therefore, try not to take valuable things in luggage at all. Or check in baggage with a declared value, as well as insure it. If you find something missing, you need to call an airport representative and an airline representative, as well as write a statement to the police - at the airport or at the place of residence. Be prepared to identify witnesses who will testify that you put an item in your luggage and then it was not found. Often, its owners have high hopes for a new thing. And what is their disappointment when the newly acquired thing stops working. The Law "On Consumer Protection" stands guard over the protection of our rights with you, which can easily be violated by anyone. According to paragraph 1 of Art. 18 of this Law, each buyer has the right to exercise his rights to free maintenance during the warranty period. We have the rights, but is it always possible to use them, because cases of refusal to repair under warranty are quite common. What should the buyer do if he refuses to comply with his legal requirements? Sometimes we ourselves are clearly the cause of the malfunctions. Understanding this fact, you can draw up an act of refusal of warranty repairs yourself. This is much better than wasting time trying to end up getting rejected anyway. How to draw up a document confirming the refusal of warranty repairs?The service center engineer checks the goods transferred for warranty repair. If any separate part or the system as a whole is broken in the product due to the fault of the owner himself, then the repair will be paid. If the buyer refuses to pay, the warranty for this product is immediately withdrawn. Sometimes the consumer turns to the seller for permission to perform service work in other service centers. In this case, the seller controls the implementation of repair work. In the event that the owner of the goods refuses to sign the certificate of completion, it is enough to sign it directly to the seller. This fact is the reason for the entry into force of the act. The seller, refusing to the client in warranty repair, must draw up a special document - the Certificate of Refusal to Repair under Warranty. This document, as well as the results of the examination, must be attached to the application to the court if you want to try to solve the problem in this way. In this case, we are also talking about monetary compensation.
The buyer's right to a warranty repair is enshrined in articles 18 and 20 of the Consumer Rights Protection Law. If the seller, without good reason, refuses to provide you with such a service, he is thus violating the Law. The act consists of the following items:
In what cases can they refuse to carry out repairs under a valid warranty?If the product fails during the warranty period, please contact one of these places:
The listed organizations or persons may refuse to perform gratuitous repairs. But for this there must be the following reasons:
In accordance with the Law of the Russian Federation No. 2300-1 dated February 07, 1992 "On Protection of Consumer Rights", the contractor has the right to refuse to repair under warranty only if he can prove the fact that all malfunctions and defects have already occurred with the product after it has been handed over to the buyer. At the same time, the buyer used, stored, transported, etc. the product incorrectly.
If you were refused a repair, you should receive a document containing information about the work performed by the contractor, information about the breakdowns, how they arose and their impact on the operation of the equipment as a whole. An important fact is the time of occurrence of the malfunction, who caused them. Usually Aki is used to prove the involvement of the consumer in the occurrence of malfunctions. Which in turn will result in the denial of warranty work. But if there is no such act, as there is no direct evidence of the consumer's fault that the product is out of order, all responsibility for the quality and safety of the product lies entirely with the seller or manufacturer (clause 6, article 18 of the Law "On Protection of Consumer Rights") . In the situation when:
The last but most effective way to achieve justice is to go to court. Where to go in case of refusal:
Note! If you have filed an application with the court and are seeking protection of your consumer rights, you will not have to pay the state duty. Good afternoon Hope! In accordance with the requirements of part 1 of article 124 of the Air Code of the Russian Federation, at the request of a passenger and upon presentation of transportation documents (ticket, baggage receipt), the carrier (airline) is obliged to draw up a commercial act, which reflects damage to baggage. The absence of a commercial act does not deprive the passenger of the right to file a claim or claim. Based on your appeal, a commercial act was drawn up. In accordance with part one of Article 118 of the Air Code of the Russian Federation, the carrier is liable for damage to baggage accepted for air transportation with a declared value - in the amount of its value, and without a declaration of value - in the amount of its value, but not more than six hundred rubles per kilogram of baggage weight . Since in this case the air transportation services were provided by the airline in order to meet your personal needs (vacation), legal guarantees enshrined in the Consumer Rights Protection Law are also provided, such as the right to full compensation for losses incurred and compensation for non-pecuniary damage. You were provided with an air transportation service, as a result of which you suffered losses in the amount of the cost of a suitcase (confirmed by a cash receipt). The consumer has the right to demand full compensation for losses caused to him in connection with the shortcomings of the rendered servant. The carrier (airline) is obliged to respond to your claim within the period specified in it. If the airline refused to compensate for the damage caused or did not respond within the specified period, you need to apply to the court with a claim for compensation for the incurred damage and compensation for non-pecuniary damage. For violation of the deadlines for eliminating the shortcomings of the service provided, you can also demand from the airline for each day of delay a penalty (penalty) in the amount of three percent of the cost of the service. If your claims are satisfied and in accordance with paragraph 6 of Article 13 of the Law "On Protection of Consumer Rights", the court will collect from the carrier for failure to voluntarily satisfy the requirements of the consumer a fine in the amount of fifty percent of the amount awarded by the court in favor of the consumer. In addition, you can recover legal costs from the airline (lawyer services, power of attorney, etc.). It is desirable to attach the following documents to the statement of claim: a commercial act; a cash receipt confirming the value of the suitcase; air ticket, baggage receipt, a copy of the claim with a note that it was received or sent to the carrier, the carrier's response or other documents confirming your arguments. Regardless of the filing of a statement of claim, you have the right to file a complaint with the territorial body of Rospotrebnadzor, which may hold the carrier administratively liable for violation of consumer rights. Editor's Choice
New
Popular
| |||
