Lost Luggage on Alitalia

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Aug 7, 2019
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#22
File the DOT complaint. They will have to respond.

Not one of our contacts has responded to you?
Only head of consumer relations Elizabeth Santella but she is rude and she lies. She tells me they are looking for my bag but my file is closed. She tells me that the reason my file is closed is because I did not send content list which is not true. I sent it august 5 and I sent it again august 9 when she asked for it and I forwarded it to her as well. The file is still closed and she ignores my emails now.
 

JVillegirl541

Verified Member
Nov 21, 2014
3,851
3,869
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#23
Only head of consumer relations Elizabeth Santella but she is rude and she lies. She tells me they are looking for my bag but my file is closed. She tells me that the reason my file is closed is because I did not send content list which is not true. I sent it august 5 and I sent it again august 9 when she asked for it and I forwarded it to her as well. The file is still closed and she ignores my emails now.
Do NOT accuse anyone at the airline of lying! They absolutely will not lift a finger to help you with that attitude. Be calm, polite, patient and persistent.
 
Aug 7, 2019
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#24
Do NOT accuse anyone at the airline of lying! They absolutely will not lift a finger to help you with that attitude. Be calm, polite, patient and persistent.
Its the truth! She gives me false information. I am literally begging for my bag back. They lost my bag and and I have been begging, kissing butts to try to get it back. What is their responsibility? How can it be like this. That they are doing me a favor.
The attitude that I have received from their customer service in the last 2 weeks have been so appalling, its hard to swallow. I have begged this woman to help and she does nothing.
I have filed report with DOT. They cannot deny loss of luggage and that was on the DOT website.
What they are doing is wrong!
 

Neil Maley

Moderator
Staff Member
Advocate
Dec 27, 2014
20,308
19,338
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New York
www.promalvacations.com
#25
Its the truth! She gives me false information. I am literally begging for my bag back. They lost my bag and and I have been begging, kissing butts to try to get it back. What is their responsibility? How can it be like this. That they are doing me a favor.
The attitude that I have received from their customer service in the last 2 weeks have been so appalling, its hard to swallow. I have begged this woman to help and she does nothing.
I have filed report with DOT. They cannot deny loss of luggage and that was on the DOT website.
What they are doing is wrong!
If you want help you need to keep calm and not call them liars- I wouldn’t respond to you either if you said that to me.

Try the next executive and BE POLITE. No one will help you if you are accusatory - you want help, not to have them ignore an abusive email.
 
Aug 7, 2019
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#26
If you want help you need to keep calm and not call them liars- I wouldn’t respond to you either if you said that to me.

Try the next executive and BE POLITE. No one will help you if you are accusatory - you want help, not to have them ignore an abusive email.
I am not abusive in my emails to them. I am very polite and I am actually begging them for help. They just don’t respond. I have come to terms that I may never see my luggage again. It has been 18 days. But I think what they are doing is wrong, closing my file even though they did not return my luggage.
I can’t beg or plead anymore. I need to preserve some dignity. I never knew that when airlines lose your luggage, its a big favor to you when they return it!
I filed a complaint with DOT and Ive consulted with a airline lawyer. I can file in small claims court which is what I plan on doing if I do not get my luggage back.
 

weihlac

Verified Member
Jun 30, 2017
2,318
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Maui Hawaii
#27
I am not abusive in my emails to them. I am very polite and I am actually begging them for help. They just don’t respond. I have come to terms that I may never see my luggage again. It has been 18 days. But I think what they are doing is wrong, closing my file even though they did not return my luggage.
I can’t beg or plead anymore. I need to preserve some dignity. I never knew that when airlines lose your luggage, its a big favor to you when they return it!
I filed a complaint with DOT and Ive consulted with a airline lawyer. I can file in small claims court which is what I plan on doing if I do not get my luggage back.
You can file in small claims court, but the airline responsibility is limited by the Montreal convention (https://www.transportation.gov/lost...Liability,Rights (approximately $1,600.00 US). ) to $1600. It does not matter what the small claims court ruling is. The Montreal convention supersedes any local court judgment. Plus your flight was from Italy to France, so no US court has any jurisdiction. Either your baggage is returned, or you can claim loss up to the limit of $1600. Small claims court will not help you.
 
Aug 7, 2019
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#28
You can file in small claims court, but the airline responsibility is limited by the Montreal convention (https://www.transportation.gov/lost-delayed-or-damaged-baggage#targetText=International Baggage Liability,Rights (approximately $1,600.00 US). ) to $1600. It does not matter what the small claims court ruling is. The Montreal convention supersedes any local court judgment. Plus your flight was from Italy to France, so no US court has any jurisdiction. Either your baggage is returned, or you can claim loss up to the limit of $1600. Small claims court will not help you.
Great! Thats helpful to know. But you think its ip to 1600 rather than 9 dollars x lb of luggage?
 
Aug 7, 2019
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#31
Anyways thanks all for the advice and help. I think I am getting over this loss. Life is too short to worry about material possessions.
This does not mean I will give up but whatever happens, i will accept it and move on!
 
Jun 24, 2019
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#33
If OP can serve Alitalia in his/her local small claims court, I don't know why there wouldn't be jurisdiction. It would seem to me jurisdiction is always present if the defendant can be found in the jurisdiction, unless the treaty or tariff conditions proide otherwise. It would seem that there may be an Alitalia corporate office/employee in Boston, New York, Miami, Los Angeles and maybe Washington DC. Finding the right person to serve could be a problem, and, of course, if our OP is not located in one of the cities in which Alitalia does business, that adds to the cost of proceeding.
 
Likes: Jiang

weihlac

Verified Member
Jun 30, 2017
2,318
2,752
113
Maui Hawaii
#34
Th
If OP can serve Alitalia in his/her local small claims court, I don't know why there wouldn't be jurisdiction. It would seem to me jurisdiction is always present if the defendant can be found in the jurisdiction, unless the treaty or tariff conditions proide otherwise. It would seem that there may be an Alitalia corporate office/employee in Boston, New York, Miami, Los Angeles and maybe Washington DC. Finding the right person to serve could be a problem, and, of course, if our OP is not located in one of the cities in which Alitalia does business, that adds to the cost of proceeding.
The United States ratified the Montreal convention on 4 November 2003. This supersedes all local US courts. If you wish to waste your time, go to small claims court and get a judgment that will be invalid. https://en.wikipedia.org/wiki/Montreal_Convention#Lost_baggage
 
Likes: Jiang
Aug 7, 2019
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#35
If OP can serve Alitalia in his/her local small claims court, I don't know why there wouldn't be jurisdiction. It would seem to me jurisdiction is always present if the defendant can be found in the jurisdiction, unless the treaty or tariff conditions proide otherwise. It would seem that there may be an Alitalia corporate office/employee in Boston, New York, Miami, Los Angeles and maybe Washington DC. Finding the right person to serve could be a problem, and, of course, if our OP is not located in one of the cities in which Alitalia does business, that adds to the cost of proceeding.

I dont obviously want to sue them as that involves alot of work. I consulted with an airline attorney and he said I can file in small claims court or they can sue for me. If Alitalia loses, they have to pay 3 times the loss plus my lawyer fees. I am getting conflicting information on this though so not sure. I hope to resolve this issue out of courts but as of right now I feel very wronged.
 
Jun 24, 2019
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#36
I'm not aware of anything in the Montreal Convention (as opposed to its predecessor Warsaw Convention) which limits the ability of a passsenger to sue an air carrier and obtain a judgment. See Article 33 of the Convention. The convention does limit the amount of the judgment.
 
Likes: Jiang
Aug 7, 2019
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#39
Hi,
So they reopened my file today finally. Unfortunately they lost my luggage again. Its been 20 days already and chances of finding it are slim but its better than when my file was closed.
So DOT says they have no jurisdiction as the flight was from Milan to Paris.
Then I looked into the europe’s version of DOT, which is the national enforcement body in Europe. Unfortunately they only are involved if you are a european citizen. So if you are american traveling between different countries in europe, not sure if anyone can help you.
So with my file open, the only thing I can do is wait to see if they find it. I do have paperwork with my name on it in the luggage. I will wait 45 days as by Alitalia policy and file a claim if the luggage is permanently lost.