Why doesn't Qantas follow the provisions of the Montreal Convention for damaged bags?

hello
i am wondering if there is any update on this?
did Qantas compensate you fairly?
Qantas lost my bag a month ago now.
i keep quoting the Montreal convention to them, but as you say i suspect passengers give up due to the difficulties in contacting Qantas its like survival of the fittest.
Qantas has said i need to supply receipts for everything that was lost. which is silly, who has receipts for stuff from a year ago and also for gift given to you lol.
i will keep annoying them because im a bit stubborn like that. but would love to hear others experiences.

Welcome to AFF, mohie.

I wouldn't be limiting yourself neither to simply receipts of what was lost or receipts for your purchases. When my bag was lost by Iberia, I submitted every damn receipt I could find. I later recovered my bag, but Iberia but every cent I was entitled to as if the bag was lost - because the airline's competence never noted the bag had been recovered. (I kept what was rightfully mine, for essentials purchased (roughly 15%) and donated every remaining last cent to charity.)
 
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I wonder if contacting either of the ACAs or potentially the ACCC might help here. I would also be curious whether a tribunal could kick in, in this circumstance since it seems to be a clear breach of Australian law.

Have they found it? If it is over 21 days it is deemed lost and Qantas is obligated to compensate you for the entirety of what was in that bag up to approximately $2100 USD per the Montreal Convention. If you keep getting the run around your next bet is to contact Qantas legal and put them on notice that you have tried reaching out to customer service and they did not respond to your request and that you are formally putting them on notice that they are in breach of the Montreal Convention and you will be pursuing any damages available to you under the convention and common law.

This notion that receipts must be provided for what was in the bag is absolutely dumb. Like do people keep receipts of each and every piece of clothes they purchase. Toothpaste? I'm lucky if I can go back a month on receipts for non-big ticket items. Indeed one of the reasons why the Montreal Convention exists is to put a cap on what passengers can request in terms of damages to property of themselves.

-RooFlyer88
i will contact ACA next but as per there rules i need to get qantas to give me an offer and i reject it, so its a bit of a process as well.
no not found 4 weeks now :(
yes it does seem like this is what's happening in Australia with Qantas, in the USA (obviously more litigious than us) airlines do follow what's in this Montreal convention and give way more compensation.
and yes i do believe thats what the convention is for ie the cap on expenses, but the purpose of the reciepts is a "get out of jail free card" for Qantas!
and I cant believe more people are not outraged by this corporate behaviour.
 
When I've had damaged luggage (handle pulled off) QF has provided a repairer name and bag repaired at airline expense without an issue, I would say repaired better than it was when new. No big deal.
 
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i will contact ACA next but as per there rules i need to get qantas to give me an offer and i reject it, so its a bit of a process as well.
ACA has two meanings. Airline Consumer Advocate and the television program A Current Affair. The latter might be useful in pressuring Qantas to honour its obligations under the Montreal Convention. And lord knows the media would love another juicy story on Qantas!
no not found 4 weeks now :(
So it is deemed lost. You need to itemize to the best of your recollection what was in the bag and how much it will cost to replace those items. As stated before Qantas is limited to roughly $2100 USD in damages related to bags under the convention.
yes it does seem like this is what's happening in Australia with Qantas, in the USA (obviously more litigious than us) airlines do follow what's in this Montreal convention and give way more compensation.
Not always the case either. And I say that as a Canadian who has had a number of run-ins with Air Canada not honouring their obligations under the APPR.
and yes i do believe thats what the convention is for ie the cap on expenses, but the purpose of the reciepts is a "get out of jail free card" for Qantas!
and I cant believe more people are not outraged by this corporate behaviour.
If they ask for receipts send them screenshots of the items on Amazon. What matters isn’t the value of the items in the bag but what a reasonable replacement would cost. And obviously there is an honour system in all of this. After all, how can they be sure what you claim was in the bag? (Hint: they can’t because the bag is missing)
 
When I've had damaged luggage (handle pulled off) QF has provided a repairer name and bag repaired at airline expenses without an issue, I would say repaired better than it was when new. No big deal.
Mine was replaced like for like. Zero hassle. Was really impressed.
 
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Mine was replaced like for like. Zero hassle. Was really impressed.
I think a lot of it comes down to who you talk to. Was it a baggage agent at the airport, the QF call centre, ticketing or somewhere else?
 

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