Turkish Airlines Unfair compensation

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Jan 14, 2020
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#1
Hello,

I would like to thank for anyone who reads this post and thank anyone who takes the time respond!

I travelled from Edmonton to Islamabad(YEG->YUL->IST->ISB) on 12/2/2019 with two full size checked in bags. My first bag arrived with me, however my second bag did not arrive for 7 days.

While my bag did not arrive i purchased a nebulizer and a few medications, along with a few sweaters. (total $380 cad).

When my bag finally arrived it was 9KG less than what it was when checked in. I confirmed this with the airport staff and they said they would report it to the airline.
Missing from my bag were, 3 handbags, a laser hair removal machine, two sneakers, and a coat. Total loss was just under $2100. I created a scene at the airport as my bag was full and now was missing so much. I reported everything to Turkish airlines and they asked for receipts etc and finally offered me $600 USD for my loss. I contacted Turkish airlines via phone and was told that they cant help and i need to speak their compensation staff via online web form.

what can be done? How can i be fairly compensated?
While buying my ticket online i was not allowed to use my credit card so used a visa debit so i have no travel insurance.

Thanks for listening
 
May 1, 2018
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#2
Their USD$600 offer is just their opening offer. You need to push back on that amount and request more. Escalate up to the customer service executives if needed: https://www.elliott.org/company-contacts/turkish-airlines/

However, you know know that for international flights governed by the Montreal convention, the maximum baggage liability for air carriers is ~USD$1500. So don't expect to get more than that under any circumstances. If the contents of your luggage are worth more than $1500, you need to either choose to self-insure or purchase additional insurance from a travel insurance provider.
 
#3
I would just add that if you have renter/owner insurance, they can help to cover the loss (after Turkish settlement). Check also if your credit card had some kind of insurance: the one you used for the flight or the gifts (I guess you transported gifts), some card have purchase protection but you need police report saying it was stolen and it covers only the 3 months following the purchase.
Then, I have no idea if it is good to file multiple loss claim to airline, home insurance, credit card, who is primary or secondary....
 
Jan 14, 2020
4
2
3
55
#5
Their USD$600 offer is just their opening offer. You need to push back on that amount and request more. Escalate up to the customer service executives if needed: https://www.elliott.org/company-contacts/turkish-airlines/

However, you know know that for international flights governed by the Montreal convention, the maximum baggage liability for air carriers is ~USD$1500. So don't expect to get more than that under any circumstances. If the contents of your luggage are worth more than $1500, you need to either choose to self-insure or purchase additional insurance from a travel insurance provider.
Thank you so much for your help and advice!
 
Jan 14, 2020
4
2
3
55
#6
I would just add that if you have renter/owner insurance, they can help to cover the loss (after Turkish settlement). Check also if your credit card had some kind of insurance: the one you used for the flight or the gifts (I guess you transported gifts), some card have purchase protection but you need police report saying it was stolen and it covers only the 3 months following the purchase.
Then, I have no idea if it is good to file multiple loss claim to airline, home insurance, credit card, who is primary or secondary....
Thanks for commenting. Thats a great idea my credit card does cover theft loss for 90 days.
 
Jan 14, 2020
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#7
It is terrible that this happened, but you will not be reimbursed for the medications, the nebulizer, and probably not for the laser hair remover. Medications and electronic items are exempt as per their terms and conditions.
Thanks for commenting. I appreciate the advice. I was unaware of this clause and its silly of an airline. Thanks though for letting me know
 
Likes: OscarA

Dwayne Coward

Administrator
Staff Member
Director
Apr 13, 2016
704
1,100
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St. Louis
#8
Hello,

I would like to thank for anyone who reads this post and thank anyone who takes the time respond!

I travelled from Edmonton to Islamabad(YEG->YUL->IST->ISB) on 12/2/2019 with two full size checked in bags. My first bag arrived with me, however my second bag did not arrive for 7 days.

While my bag did not arrive i purchased a nebulizer and a few medications, along with a few sweaters. (total $380 cad).

When my bag finally arrived it was 9KG less than what it was when checked in. I confirmed this with the airport staff and they said they would report it to the airline.
Missing from my bag were, 3 handbags, a laser hair removal machine, two sneakers, and a coat. Total loss was just under $2100. I created a scene at the airport as my bag was full and now was missing so much. I reported everything to Turkish airlines and they asked for receipts etc and finally offered me $600 USD for my loss. I contacted Turkish airlines via phone and was told that they cant help and i need to speak their compensation staff via online web form.

what can be done? How can i be fairly compensated?
While buying my ticket online i was not allowed to use my credit card so used a visa debit so i have no travel insurance.

Thanks for listening
It is terrible that this happened, but you will not be reimbursed for the medications, the nebulizer, and probably not for the laser hair remover. Medications and electronic items are exempt as per their terms and conditions.
The Montreal Convention doesn't provide an exemption for these articles. If the OPs flights had been to or from the US, I would recommend filing a complaint with the US DOT, as they have in the past issued enforcement orders concerning this, including the following against Korean Air, stating:

https://www.transportation.gov/sites/dot.gov/files/docs/eo_2013-7-5.pdf

With respect to claims for compensation resulting from delayed baggage, Article 19 of the Montreal Convention provides that carriers are liable up to the limits of Article 22, except in cases in which the carrier can show that it took all reasonable measures to avoid such delay or that it was not​
feasible to take such steps. Nothing in the Montreal Convention permits blanket exclusions or otherwise allows carriers to disclaim liability for any class or category of item, such as jewelry, electronics, or high value goods, that they have accepted for transport as checked baggage, or to limit to a pre-set amount compensation for expenses resulting from delayed baggage based on, e.g., class of service or length of delay. Such exclusions contravene Articles 17 and 19 because they have the effect of limiting—with respect to items falling within their ambit—a carrier’s liability to an amount lower than that set by Article 22. Under Departmental enforcement case precedent, violations of Articles 17 and 19 also constitute an unfair and deceptive practice and an unfair method of competition in violation of 49 U.S.C. § 41712.3​

If the airline denies all or a portion of the claim, it might be worth filing a complaint with the Canadian Transportation Agency. As mentioned before, there is a capped limit of liability in these cases.
 
Apr 1, 2018
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#9
Some entities only pay for the 'depreciated value' of your items as they were not brand new. One airline automatically discounts 30% of the value of the lost luggage unless receipts are provided to show that the contents are less than a year old soI wouldn't expect the full amount you are asking. Good luck with this!