"Damage to bowling balls on Flights"

[duff_star]

i have travelled a few times to sydney, canberra and melbourne for bowling over the last couple of yrs and have never once paid for excess baggage or had my balls or bag damaged. I do agree though the airlines do not take any care with peoples luggage which is a disgrace.

Just a hint though i always arrive early when im travelling with my bowling equipment and recently spoke to virgin blue staff in regards to this they also suggest getting there early as your luggage is normally the first on and the plane isn't anywhere near their baggage limit its when you arrive on time or late they normally sting you with the excess baggage

 

[mannah]

Luckily only had an esky damaged on a flight. Complained about rough handling and it was replaced by the airline at no cost. Only one moment last year when 4 ball bag weighed over the 32kg limit per item(it could not be split into 2). Counter staff suggested taking one ball out!! and they were serious. Imaging carrying a bowling ball loose onto a flight as hand luggage and putting in overhead locker!!. Problem avoided by removing shoes from bag and just getting under bag limit. Was not charged any excess for the bag just the 5kg "Sporting equipment" even though the bag weighed 32 kg.

Good hint previously mentioned to get there early with sporting gear.

 

[ms]

i went down to launceston on friday night flying jetstar - and NEVER will again, and recommend bowlers DO NOT use them, and was charged $70 excess baggage.

i had a clothes bag, 1 double tote and a ball in a box. apparently i was 10kg over MY limit. i checked in exactly 2 hours BEFORE my flight, and explained it was sporting equipment, but the rude bitch at the checkin counter didnt give a rats. i asked if the flight was full, and her answer was almost.. ALMOST...

i was far from impressed with her service and the general jetstar performance!

so get on the plane, only to find that the flight was not full and i wouldnt say almost.. there were quite a few seats here and there.

i WILL NOT be travelling jetstar ever again, regardless if its cheaper or not, i wont be travelling with bowling equipment after nationals again, so i would prefer to travel by airlines that make your fllights enjoyable, not like its a hassle for them to have YOU on their planes.

Stick it jetstar! i rekn we should all boycott ALL jetstar flights around australia lol

anyway, thats my bit, and i am writing to jetstar to complain, coz not only did i get excess baggage on friday arvo, because they couldnt get outta melbourne on time this morning, my flight to melb from lonnie was late.. OVER an hour, and i missed my connecting flight home. i was far from happy. what i dont get is, how the virgin flight was only 8 mins late into lonnie after being delayed.. how on earth was the jetstar flight so late - they go thru hobart on the way or something!!! not happy! poor me i know.. lol

well thats it..
cheers guys
marty

 

[Tiger]

Deathstar....*shudders* :bad-word:

Shocking reputation in this part of the world.

 

[bm2]

Just something to be aware of if you are travelling to Moonah over the next few days/weeks to nationals.....

We always fly Virgin....and have NEVER been charged excess baggage for the bowling equipment. Have always simply advised via telephone before the flights that we are carrying sporting equipment..yada yada yada and therefore never had a problem.

HOWEVER: today Jagga left for Moonah (with Virgin) on what was supposedly a "group booking" ticket, with the provisions for excess baggage waivered. The travelling party was not checked in as a whole group, instead directed to different checkin points within Brisbane airport. There was no notation on the booking with reference to the excess baggage provisions being waivered, only the usual note that bowling equipment would be amongst the luggage. You can imagine therefore his displeasure at being told he had to pay excess baggage, when others in the party did not. Whilst the amount was not high, it was the principal of the fact that he was under the assumption that he was travelling as part of a large group and that all the luggage was catered for. I am just glad that I was not on the same flight, as with all my gear we would have had to pay even more than we had to!

PLEASE MAKE SURE THAT WHOEVER HAS BOOKED YOUR "GROUP TICKET" HAS HAD THE EXCESS WAIVER CLAUSE NOTED ON YOUR BOOKING, AND INSIST THAT YOU ALL GET CHECKED IN TOGETHER - THAT WAY YOU SHOULD SAVE YOUR WALLET A FEW DOLLARS.

I will add that the girl at the checkin counter was most apologetic that she had to charge us in the first instance, but because of the way that the booking was made, she was left with no choice. She did, however, only charge 2 bowling bags as 1 lot of 5kg, instead of the 2 that she should have, so it could have been a lot worse.......


Broni

 

[Pa Gumbo]

If it was the result of temerature &/or pressure changes it would happen to every ball taken on a flight in cargo. Wouldn't it?

 

[Samael]

you guys sign things when you check in, ever read the fine print? example from the last couple of flights booked with jetstar.

7.1 Baggage allowance
You may carry some Baggage free of charge provided you comply with our Baggage requirements which are set out below.
Domestic Cabin Baggage: Each passenger (except infants not occupying an aircraft seat) is permitted 1 main item of Cabin Baggage and 1 other small item.
International Cabin Baggage: Each passenger travelling on a JetSaver or JetFlex fare is permitted 1 main item of Cabin Baggage and 1 other small item.
Each passenger travelling on a StarClass fare is permitted 2 main items of Cabin Baggage and 1 suit pack.
* Dimensions of main items must not exceed 48cm (width) + 34cm (height) + 23cm (depth)
* Total weight of each Cabin Baggage item must not exceed 7kg
* Small item may be a handbag, coat, umbrella, lap top, suitbag or for International, duty free goods
* A suit pack must not exceed 11cm (height), 60cm (width) and 114cm (length) when it is unfolded
* Each piece must be able to fit under the seat in front of you or fit in an enclosed storage compartment in the cabin of the aircraft
* If any piece of baggage does not comply with any of these conditions, it must be checked in to the aircraft hold
Checked Baggage: Each passenger travelling on a JetSaver or JetFlex fare may check in up to 20kg of baggage for carriage in the aircraft hold at no additional charge. Each passenger travelling on an International StarClass fare may check in up to 30kg of baggage for carriage in the aircraft hold at no additional charge.
Despite the above, each passenger travelling on a JetSaver, JetFlex or International StarClass fare to or from the United States may check in up to 2 pieces of Baggage for carriage in the aircraft hold at no additional charge. The maximum total combined dimension of the two pieces is 270cm (106 inches), with no single item exceeding 158cm (62 inches).
Charges will apply to all Checked Baggage in excess of the Checked Baggage allowance (ie. above these allowances). Current charges can be found at here. Jetstar may not be able to carry your excess baggage.
* Passengers must ensure all baggage is packed appropriately before being presented at check in
* No single item may exceed 32kg in weight
* Bulky items (maximum 2 metres), including but not limited to bicycles, surfboards, skis, golf clubs, snow boards, may be included within the allowance, subject to space availability
* Passengers who anticipate having bulky items, excess baggage or require extra assistance should arrive at the airport to check in at least 2 hours prior to the scheduled departure time for Domestic flights and 3 hours prior to the scheduled departure time for International flights
* In addition to the allowance Jetstar will carry at no additional charge in the hold a fully collapsible wheelchair and/or a pair of crutches and/or a walking stick and/or other prosthetic device for you if you are dependent on them
* In addition to the allowance Jetstar will carry at no additional charge in the hold baby accessories such as a pram and portable cot
* Jetstar may refuse to carry any piece of Baggage that does not comply with the Jetstar policy.
14.3 Our liability for damage to your baggage
(a) General
* We will be liable only for Damage occurring during air carriage booked on our Airline Designator Code. If we check Baggage on the flight of another carrier, we only do so as agent for that carrier. Nevertheless, with respect to Checked Baggage, you may also have a right of action against the first or last carrier.
* We are not liable for any Damage to your Cabin Baggage unless such Damage is caused by our negligence.
* We are not liable for any Damage caused by your Baggage. You are responsible for any Damage caused by your Baggage to other persons or property, including our property.
* We are not liable for normal wear and tear of Baggage such as small scratches, scuffs, dents and cuts.
* Except to the extent required by law, we are not liable for Damage to items which you are asked not to include in your Checked Baggage (under 7.4) . These items include fragile or perishable items, items with a special value, such as money, jewellery, precious metals, computers, personal electronic devices, share certificates, bonds and other valuable documents, or passports and other identification documents.
(b) Australia
* Where your travel is wholly within Australia and is not International Travel, it is subject to the provisions of the Civil Aviation (Carriers' Liability) Act 1959 as amended (or any replacement legislation) or complementary State legislation. As such, our liability for loss or damage is limited to A$1,600 per Passenger for your Checked Baggage and A$160 per Passenger for your Cabin Baggage.
(c) International Carriage
* Our liability for Damage to Checked Baggage is limited by the Convention except where you prove that the damage resulted from an act or failure to act either done with the intention to cause damage or recklessly and with knowledge that Damage would probably result.
* Where the Warsaw Convention applies, the limit is 250 francs (about AU$32) for each kilo of your Checked Baggage affected and 5,000 francs (about AU$640) for your Cabin Baggage.
* Where the Montreal Convention applies, the limit is 1,000 SDRs (approximately AU$1,900) cumulative for both Checked Baggage and Cabin Baggage. In the case of Checked Baggage, we will not be liable if the baggage was defective. We will only be liable for Cabin Baggage if we were at fault.
(d) New Zealand
* Where your travel is wholly within New Zealand and is not International Carriage, our liability for loss or Damage is limited to NZ$1,500 per unit of Checked Baggage. We will not be liable for any loss or Damage to Cabin Baggage, subject to any rights you may have under the Consumer Guarantees Act 1993.
14.4 General
* We are not liable for any Damage arising from our compliance with any laws or government regulations or your failure to comply with the same.
* These Conditions of Carriage (including any exclusion or limitation of liability) shall apply to and be for the benefit of our Authorised Agents, employees and representatives and agents to the same extent as they apply to us. The total amount that you can recover from us, our Authorised Agents, employees, representatives and agents shall not be more than the total amount of our liability, if any.
* Except where these Conditions of Carriage provide otherwise, our liability, if any, shall be limited to proven compensatory damages. We shall not in any circumstances be liable for indirect or consequential Damages and in no event shall our obligations exceed any liability specified in these Conditions of Carriage.
* Nothing in these Conditions of Carriage:
o except where we say otherwise, gives up any exclusion or limitation of liability to which we are entitled under any laws which may apply, or
o gives up any defence available to us under any laws which apply including against any public social insurance body or any person liable to pay, or who has paid, compensation for the death, wounding or other bodily injury of a Passenger
* Liability for breach of condition or warranty: To the extent permitted by law, Jetstar excludes all liability for any costs, expenses, losses or Damages whatsoever that may arise in any way in connection with the carriage.
15.2 Baggage claims
If you wish to make a claim against us for loss or Damage to Checked Baggage or Cabin Baggage, the Baggage must first be presented to Jetstar staff at the arrival airport.
Any claim for loss of or damage to Checked Baggage or Cabin Baggage must be made in writing within the following timeframes:
Domestic Carriage:
* 3 days in the case of damage to or loss or destruction of part only of an item of Checked Baggage, after the date of receipt of the remainder of the item;
* 21 days in the case of loss or destruction of the whole of an item of Checked Baggage;
* 3 days in the case of damage to or loss or destruction of Cabin Baggage.
International Carriage:
* 7 days in the case of damage to your Checked Baggage;
* 21 days in the case of delay of an item of Checked Baggage from the date on which the Baggage has been placed at your disposal;
If you miss these deadlines, you will lose any right to claim.
If you wish to make a claim against us for loss or Damage to Checked Baggage or Cabin Baggage, the Baggage must first be presented to Jetstar staff at the arrival airport.

All of them have similar terms of service.
If you comply with their baggage claims, you report the damage before you leave the airport, then you have a right to claim. If you dont follow their terms of service as stated above, ie you dont go through the described method for making claims, you have no right to claim damage on any baggage as you have agreed to their terms of service and it is your duty to understand fully the terms before flying.

The discussion about sporting equipment in this case falls under their bulky items policy and you are subject to charges simply on the basis of their say so. What actually happens is they calculate excess weight by comparing load figures for flight baggage already checked in and those of which the flight is specified to carry. Things are planned before hand and they have a total payload limit specified before they even open check in. So if they have to make changes (such as taking on more fuel) to compensate for the above, then they will most certainly charge you for it. Thats why they specify you to turn up early, not only does it allow them to accomodate for large items, but it also gives you a better chance of getting through without being charged because already checked in baggage totals are still low.

 

[Samael]

Now please note virgin.

14.1 Subject to the provisions of these terms and conditions of carriage, the Convention and any applicable laws, the Carrier is not liable for or in connection with any:
(a) Loss sustained to Baggage, including (without limitation) Loss which is solely the result of normal wear and tear;
(b) illness, injury or death of any person, including (without limitation) any illness, disability or personal injury to, or death of, a Guest caused or aggravated by the air travel where such travel posed a risk to the Guest due to the Guest’s age, physical or mental condition;
(c) Loss caused by a Guest’s negligence or breach of these terms and conditions or the Guest’s failure to comply with applicable laws, regulations, orders or requirements of any applicable country;
(d) Loss caused by the Carrier’s compliance with applicable laws, regulations, orders or requirements of any applicable country;
(e) death, personal injury, delay or Loss caused by anything in a Guest’s Baggage (and each Guest agrees to indemnify the Carrier for any death, injury, delay or Loss caused by the Guest’s Baggage to other persons or property, including the Carrier’s property); or
(f) Loss arising out of or in any way connected to the provision of transport and other services to the Guest (whether arising from negligence or otherwise) including, without limitation, any change to the transport or services described in or covered by the Booking or inaccuracies or errors in any information related to transport, services or pricing.
The Carrier will rely on all limitations of liability and defences under the Convention and any applicable law. The Carrier reserves all rights against any other person, including rights of contribution and indemnity.
14.2 Australian Domestic Flights: The Carrier’s liability is limited by the provisions of the Civil Aviation (Carriers’ Liability) Act 1959 (Cth), complementary State legislation and these terms and conditions to: AUD$1,600 in respect of destruction, loss or injury to a Guest’s Registered Baggage; AUD$160 in respect of destruction, loss or injury to a Guest’s Carry-on Baggage; and AUD$500,000 in respect of personal injury or death of a Guest. If the Carrier is responsible in any way for carriage of a Guest by water, any liability is limited to the extent permitted by the Navigation Act 1912 (Cth).
14.3 New Zealand Domestic Flights: The Carrier’s liability is limited by the provisions of the Carriage by Air Act 1967, Carriage of Goods Act 1979, Civil Aviation Act 1990 and these terms and conditions to: NZD$42,000 in respect of personal injury or death of a Guest where liability is not excluded by the Injury Prevention, Rehabilitation and Compensation Act 2001; and NZD$1,500 in respect of loss or damage to Registered Baggage. The Carrier will not be liable for any loss or damage in respect of Carry-on Baggage, subject to any rights the Guest may have under the Consumer Guarantees Act 1993. The Consumer Guarantees Act 1993 does not apply where a Guest acquires or holds himself or herself out as acquiring transport or other services provided by the Carrier for business purposes.
14.4 International Travel: Subject to these terms and conditions, the Carrier’s liability for personal injury or death of a Guest and for loss of or damage to Baggage is limited by the Convention. Where the Guest’s International Travel originates in New Zealand, the Carrier's liability for Registered Baggage is limited to NZ$44.50 per kilogram and liability for Carry-on Baggage is limited to a maximum of NZ$890. If the weight of a Guest’s Registered Baggage is not recorded on the baggage check, it is presumed that the total weight of the Registered Baggage does not exceed the applicable free baggage allowance.
14.5 All Bookings: The Carrier does not accept the following items as Registered Baggage and does not accept liability for their loss or damage unless the items are identified to the Carrier and it has, in its absolute discretion, given its written acceptance for carriage and accepted liability in writing for their loss or damage:
(a) Cash, credit cards, deeds, passports and other travel documents, securities, business documents or other valuable documents;
(b) Jewellery, antiques, precious metals or similar valuable items;
(c) Any item of a delicate, fragile or brittle nature eg. glassware, sports equipment, musical instruments;
(d) Any item of a perishable nature eg. seafood;
(e) Medicines;
(f) Electrical or electronic components eg. computers, cameras;
(g) Any item that has insufficient packaging to withstand the normal circumstances and effects of carriage by air.
Any acceptance by the Carrier pursuant to this clause 14.5 is issued subject to clause 11 and 14 - 19.
14.6 All Bookings: The Carrier’s liability for lost or damaged Baggage is not new for old replacement and is limited to the actual loss suffered by the Guest
15.1 Domestic Travel: Written claims must be made upon the Carrier: in respect of damage to or loss or destruction of only part of Registered Baggage, within 3 days of the Guest receiving the remainder of the Registered Baggage from the Carrier; in respect of loss or destruction of a whole item of Registered Baggage, within 21 days from the date the Guest should have received the Registered Baggage from the Carrier; or in respect of damage, loss or destruction of Carry-on Baggage, within 3 days from the date the carriage ended.
15.2 International Travel: Written claims must be made upon the Carrier: in respect of damage to or loss or destruction of Registered Baggage (or part thereof), within 7 days of when the Guest should have received the Registered Baggage from the Carrier; in respect of damage, loss or destruction of Carry-on Baggage, within 3 days from the date when the carriage ended; or in respect of delay of Registered Baggage, within 21 days of the Guest receiving the Registered Baggage from the Carrier. Acceptance of Registered Baggage by the Guest without complaint at the time of delivery presumes that the Baggage has been delivered in good condition and in accordance with these terms and conditions, unless the Guest proves otherwise.
15.3 All Bookings: Unless extinguished earlier by these terms and conditions, the Convention or applicable law, a Guest’s right to claim damages against the Carrier will expire if an action is not brought within two years of the date of arrival at destination, or the date on which the aircraft was scheduled to arrive, or the date on which the carriage stopped.
16.4 Each Guest (except an infant not occupying an aircraft seat) is also entitled to up to 20 kg of Registered Baggage without charge. For Corporate Plus fares, each guest is entitled to up to 32kg of Registered Baggage without charge. Registered Baggage exceeding these limits may be accepted by the Carrier at its absolute discretion and upon payment by the Guest of the applicable excess baggage charge (at the rates specified on our website, which are subject to change at any time without notice) prior to carriage. No individual piece of Registered Baggage may exceed 32 kg or total linear dimensions (depth, width and length) of 140cm. All Baggage not meeting these requirements or total Baggage exceeding 20kg (or 32kg if you are travelling on a Corporate Plus fare) will only be carried at the Carrier's discretion and may be carried on a later flight. Infants' carry baskets, capsules or strollers will be stowed in the aircraft hold during the flight and will form 5kg of the accompanying adult's Registered Baggage entitlement, regardless of actual weight.
Subnote
Bulky Baggage
Some items are bigger or bulkier than usual. This information outlines weight allocations packing instructions for larger items.
Guests Travelling with Sporting Equipment:
Sporting Equipment counts towards guests’ free baggage allowance.
Each Item of sporting equipment will individually represent 5kgs of a guests free total baggage allowance, irrespective of the actual weight of the item.
For example, a bicycle that weighs 10kgs will represent 5kgs of the guests’ free baggage allowance. If the free baggage allowance is 20kgs, this leaves 15kgs for other items. These items include but are not to be restricted to the following:
* bicycles
* golf clubs
* snow skis
* surfboards
* cricket / tennis bags

So the limit on claims is the same as jetstar above. Sporting equipment is subject to their bulky items policy however, if you read their service agreement you will see that all items checked in are carried subject to the airlines discretion. So technically, they are able to charge you for baggage or have you remove them from the flight, or transfer them to another flight regardless of the bulky items policy.

 

[Samael]

So basically if you have been flying with these people and dont understand the service agreement which you then agree to the minute you book the flight, then you are charged excess baggage or your equipment is damaged and you have no course for restitution, its your own fault.

So, as per the question of the thread. yes, if an agreement is reached with the airline accepting the damage occured during the flight, check in or offloading, and you followed their specified service agreement with regards to submitting a claim for compensation, then they are 100% liable for the damage. However as made very clear in their service agreements, if you did not follow the above you release any right you have for compensation or legal action taken against the airline as a result of any damage to your equipment.

 

[}-Adam-{]

i didnt realise that we were still on this topic, lol... well under my understanding they accepted the balls as registered baggage, therefore taking responability of all lugage, and taking all responsibility, even knowing it bowling balls.. that was there choice not mine, and once being put through as registered baggage, they then realise that they forfiet all other rules that are made for normal baggage!!!

Thats what was being argued!!

 

[Samael]

Errr. no. doesnt work that way.

If they accept the baggage they do so with you knowing full well that any liability of the airline is waivered when it is checked in. It makes it clear in their service agreement that it is a legal document and regardless of staff's actions the agreement is still valid.

Quite simply it comes down to, if you dont like it, dont fly. Send your gear with a freight company or use a service such as busfreight. It doesnt cost a lot of money to do so, especially in the case of bus freight (try like $20 for 20kg delivered brisbane to sydney next day) and its quick. You can pack and send your gear days in advance to make sure it arrives, and you can just walk on to the flight without having to worry.