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Damaged hand luggage


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For Article 15, yes as noted above I completed a Personal Property Report on the pier and called them the following day, sending the report and pictures by email that night as requested in the phone call.

 

I don't see a paragraph 3b in the ticket contract?

 

Paragraph 3b is not applicable in your case; I erroneously referenced the US contract without realizing the Indepence was cruising in Europe at the time.

 

I must have missed your noting of completing a report upon discovery of the damage; I only saw you saying you sent the report the next day.

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Paragraph 3b is not applicable in your case; I erroneously referenced the US contract without realizing the Indepence was cruising in Europe at the time.

 

I must have missed your noting of completing a report upon discovery of the damage; I only saw you saying you sent the report the next day.

 

Sorry, the original post was not clear. I completed the report on the pier when they handed me the sodden luggage. I still then had to email a copy to Customer Services even though the agent on the pier kept copies - I would have thought a copy would be forwarded internally but apparently not.

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On the lying, if I am talking to someone who I believe knows the situation and they tell me a contract says one thing and when I read the contract it says another, to me it seems like lying. I can see now they might have made a misunderstanding. As for referring to it as hand luggage, the cruise contract differentiates in the limits that apply so I need to differentiate it somehow. Not having a go, just clarifying why I said what I did

 

 

your belief can easily be wrong, you know. most people in the CS office are not going to know off hand that there are different regs for different nationalities. the default is the US contract and that is the one they will see at their end and may not even realize the UK one is different, let alone how to find any of said differences.

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your belief can easily be wrong, you know. most people in the CS office are not going to know off hand that there are different regs for different nationalities. the default is the US contract and that is the one they will see at their end and may not even realize the UK one is different, let alone how to find any of said differences.

I have acknowledged that now but I don't think it is unreasonable to expect the UK customer service team, who have full access to my booking details and clarified my details each time I called would know that the relevant booking terms were the UK ones. If they don't, I'd lay the blame on the employer for not providing proper training.

 

 

 

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Were there others lined up with you at the pier with soaked luggage?

 

Biker, who wonders if this was an isolated bag or did the port workers dump a full cart into the water.

As far as I'm aware, mine was the only case. Apparently it bounced on the netting and still went in the water

 

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Just by way of update, they offered £300 in the end - this is apparently based on the depreciated value of my damaged luggage to reflect the fact it was used and not brand new. I'm still not happy but have accepted the compensation so that things are dealt with.

 

They also weren't useful with obtaining another of the photo portfolios of the ship that we received with our photo package or copies of the compasses from the trip which were also in the case. Two other places to contact for those

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your belief can easily be wrong, you know. most people in the CS office are not going to know off hand that there are different regs for different nationalities. the default is the US contract and that is the one they will see at their end and may not even realize the UK one is different, let alone how to find any of said differences.

 

If a customer is calling from another country with different conditions, then surely the CS office should know this and be prepared to answer with the correct information. If not, then the company is not training their CS agents properly and their systems are not appropriately configured.

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If a customer is calling from another country with different conditions, then surely the CS office should know this and be prepared to answer with the correct information. If not, then the company is not training their CS agents properly and their systems are not appropriately configured.

 

Agree.

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There is a lot of luggage out there that costs well over $600. I have more than one dress that costs over $300 as well; shoes too. It's not unlikely that this person had $600 worth of stuff in her luggage. A pair of good jeans can cost $200, lulu lemon leggings are $100. I can think of lots of basic items of clothing in my closet that could be packed for a cruise that would take me way over the $300.

 

However, you are correct that receipts are required for the stuff that you want reimbursed (including the luggage itself). This is kind of a dirty trick by insurance companies, because it's unlikely people keep receipts for their clothing after it has passed its "return" date.

 

Some credit cards will offer additional insurance for things such as "lost or damaged" luggage, but again, they usually require receipts (mine does anyway).

 

I would call the credit card company (assuming you paid for your cruise with a credit card that offers travel insurance) and see if they will cover any additional loss to the $300 that the cruise is offering. If not, and you really did lose more than $300 of items to damage, decide if it's worth paying a lawyer to write a form letter for you.

 

 

 

 

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A lawyer, horrible advice and a total waste of money, period. As a previous poster pointed out 300.00 is the norm.
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A lawyer, horrible advice and a total waste of money, period. As a previous poster pointed out 300.00 is the norm.

 

 

I don't think it's a waste of money to stand up for yourself just because it's the norm and most people accept $300.

 

If someone had a brand new $1100 Tumi bag, and they had a $1200 dress and a $1500 custom suit inside, it would be cost effective to pay a lawyer the $600 to step in if all the other insurance routes didn't get them more than $300. In the OP's case, it might even be worth it based on principle, to get a lawyer involved for $600 worth of stuff. You'd be surprised with the amount of negotiating that will happen once a company sees a lawyer involved, and a form letter is the cheapest and quickest way to start that process.

 

I was just listing it as an option if they had enough valuable stuff that was ruined or lost that paying the lawyer was worth an attempt.

 

 

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Whether or not the Athens convention applies, and even the US ticket contract mentions this in section 11, limitations on liability, the real reason RCI is not offering more than they are, is the fact that they did not damage the luggage or its contents. Section 3b states that RCI is not liable for any damage to luggage during air or land transportation. When the luggage leaves the side of the ship, it is the responsibility of the longshoremen, and the stevedore company would be the ones to consult regarding damages.

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This is what the RC t&c says:

 

c. Limitation of Liability for Lost or Damaged Property. Notwithstanding anyother provision of law or this Agreement, Carrier’s liability for loss or damageto property during the Land Tour portion of a CruiseTour is limited to $300.00per Passenger. Notwithstanding any other provision of law or this Agreement,Carrier’s liability for loss or damage to property for the cruise (or for the cruiseonly portion of a CruiseTour) shall be limited to $300.00 per Passenger, unlessPassenger declares the true value of such property in writing to the Carrier atthe address specified in Section 10.a below and pays Carrier within 10 days offinal payment for the cruise, a fee of five percent (5%) of the amount that suchvalue exceeds $300.00. In such event, Carrier’s liability shall be limited to itstrue declared value, but not exceeding $5,000.

 

I'm not sure the Athens Convention applies in this case? but if it did, I am guessing that you would have to file suit in court, or at least get a lawyer involved, which would not make sense on a smallish claim.

 

Let us know what happens.

 

I read this as $300 limit per passenger. Don't know how many were in your cabin, but wouldn't adding dw and 2 year old raise limit to $900?

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