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Old November 9th, 2000, 05:58 PM
HannaS77
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Default Missing Luggage

The following informaton is for educational pruposes and should not be considered as legal advise since the writer is not a lawyer.

While this missing luggage case involves an airline, the incident could concern a cruise ship passenger needing to fly to a ship or home. The case is cited as Perri v Delta airlines. On a flight from New York to Mexico,the Plaintiffs claim that their baggage was missing and the case came about limit of liability by Delta. The plaintiff claimed for personal property including jewelry. Now follow this carefully. Delta contended it was liable to not more than the amount set forth in the Warsaw Convention, $9.07 per bound of baggage or $20.00 per kilogram. Are you still with me ? The key to the case is the Warsaw Convention that required Delta at the time of the flight to record the number and weight of the passenger's baggage on the claim check. The baggage claim check also had to contain the number of the passenger ticket. None of this performed by Delta when checking in the luggage. Ergo, the court ruled the Warsaw Convention 's limit of liabilioty did not apply so now Delta and Perri should sit down with the judge to deterime the value of the lost luggage and workoput a settlement.

Since this claim,under the Montreal Protocol No 4 amending theWarsaw Convention, it is not necessay that the airline or any other carrier subject to the Warsaw Convention to record the number and weight of the passenger's baggage on the claim check but this could not retroactively apply to ther Perri v. Delta case. Too bad for future travelers by air.The case is cited as Perri v Delta Airlines, 104 Fed.Supp.2nd 164.
HannaS77
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Old November 9th, 2000, 10:04 PM
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Default RE: Missing Luggage

The "key to this case" is that it is remarkably foolish to travel without Insurance... which would have covered, for a pitance, the claim here. Ernie
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Old November 10th, 2000, 01:39 AM
Carole Dunham
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Default RE: Missing Luggage

I absolutey agree Ernie. Also who in their right mind checks jewelry in their luggage. That's why we have carryon. My daughter and I will be on the cruisemates Amsterdam cruise. She is flying to Costa Rica from Washington, DC. I'm flying from Miami and we are traveling in a mini suite. This is not an inexpensive vacation, but our insurance is costing a little over $300, very little for the peace of mind it buys.

Carole
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Old November 10th, 2000, 11:34 AM
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Default RE: Missing Luggage

Just another reason to ALWAYS travel with travel insurance. Things do happen that you have no control over and simply for the pease of mind that Carole mentioned is another reason for taking it out. You should always have any meds you may need in your carry-on too. We met a couple on our last cruise from Australia and they were still waiting for their luggage to catch up with them from Miami and we were already in San Juan. Their biggest concern was their medications in their luggage. Anything of value should be kept with you.

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