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Copyright 1996-2004 Elliott Publishing. All rights reserved.

Trust No One
Fix My Trip · January 17, 2003

Q: I am writing in regards to damage incurred to my checked luggage on a US Airways flight from Frankfurt, Germany, to Pittsburgh.

I explained to the agent at the ticket counter that I had a glass painting from Poland in my checked bag. I told the agent I was concerned over the handling of the item, and she put four red fragile stickers on the outside of the bag.

When I inspected my bag in Pittsburgh, not only was a screw missing from the handle on the bag, but the glass painting was also cracked in multiple places. After clearing customs, I immediately went to baggage claim office where I described the situation to a supervisor.

I was told that US Airways' policy limits liability of fragile items, as defined in the ticket jacket. When I had spoken to the ticket agent in Frankfurt - before I had a copy of this ticket jacket - this exclusion was never mentioned to me. If the agent had explained that US Airways was not liable for the item, I would have gladly taken the item on the plane as carry-on luggage.

I believe it was misleading to have explained the situation to the ticket agent in Frankfurt, (and for the agent to place fragile stickers on my bag) but then for US Airways to deny any liability when the bag arrives damaged.

I am requesting reimbursement of the purchase amount of the painting and the shipping charges for replacement. I have tried unsuccessfully to resolve this with US Airways. Can you help?

-- Kevin Boyle

A: There's nothing as upsetting as entrusting your valuable belongings to an airline, only to have them arrive in several pieces. I can't bear to watch baggage handlers loading an aircraft. They seem to delight in shotputting the luggage into the cargo hold while passengers watch helplessly from their window seats.

The US Airways baggage office is correct, of course. The airline's liability is limited under international law and its own contract of carriage, and it is well within its rights to deny you any compensation, even though you weren't aware of the rules.

This is by no means a US Airways problem. Every airline has issues with damaged, delayed or pilfered luggage - just check out the Air Travel Consumer Report to see your favorite airline's luggage record.

I asked US Airways to take another look at your grievance. It did, and I heard back from David Burns, the carrier's supervisor for passenger assistance. Burns apologized for the damage done to your artwork.

"When you checked in for our flight from Frankfurt, we should have clearly explained the liability limitations for damage to fragile items packed in customer luggage," he said. "When we placed 'fragile' stickers on your luggage, we should have also taken the extra step to ask questions about the fragility of the painting, and should have suggested that you carry the item onboard if it seemed likely to break in the course of normal handling."

Although US Airways typically doesn't pay for damage to fragile items packed in customer luggage, the airline agreed to send you a $400 travel voucher that can be used toward a future ticket purchase. "We hope this helps offset the cost associated with replacing and shipping a new painting from Poland," he added.

I think US Airways response is admirable, but I do have a few concerns. First, I wonder how the carrier defines "normal" handling. Burns didn't address the missing screw on the handle of your luggage, which suggests to me that your bag was roughed up a little. He also didn't say whether US Airways' ticket agents are trained - or will be trained - to offer a disclaimer for customers such as you.

In other words, US Airways treated the symptoms without trying to find a cure. That means this scenario is likely to repeat itself, unfortunately.

You did almost everything you could to resolve this grievance. I like the fact that you copied the Aviation Consumer Protection Division on the letter you sent me; that definitely gets an airline's attention, because the government reports the number of complaints each month. Having a lot of gripes on your record is embarrassing, and at a time when airlines are doing everything they can to win customers back, this is exactly the kind of thing they're trying to avoid.

I would have probably stood my ground at the baggage claim office, rather than waiting until you got home to file a complaint. Once you leave the airport and begin dealing with any airline's customer-service department, your chances of resolving any problem plummet. Supervisors are authorized to offer compensation, and I suspect that you might have gotten as good a deal from the baggage claim office as you did from getting me involved.

Next time you want to transport anything fragile, don't check it in. It doesn't matter what a ticket agent tells you. If it's breakable, trust no one.

Christopher Elliott is a travel commentator based in Key Largo, Fla. All e-mailed questions may be edited, condensed or republished at the site's discretion. Fix My Trip appears weekly on this site.