This not an area I have much knowledge of so the only advice I can offer is:

The carrier is generally responsible for damage to suitcases. I've experienced damaged baggage (although no content loss) and have claimed successfuly against the carrier - it was some years back though and it was a scheduled flight.

I'd read your travel insurance details carefully as well. Unless it states that you're not covered for items stolen from your cases then you should have as valid a claim as if the cameras were stolen from, say, your hotel room whilst you were not in the room.

Mike

thanks Mike - it makes sense to me what you said and obviously to you - lets just hope it makes sense to them!

i feel you are perfectly right - it is exactly the same as having items stolen - they have been taken from my case without our consent so, therefore, i see it as being stolen.

Thanks again for the reply.

But as Mike says, mdaly, you do need to check the small print of your insurance and the carriers terms and conditions. Most carriers limit their liability to the terms of the Warsaw Convention and the levels of compensation you can expect are very low. that's why it is essential to have separte insurance but some of the cheaper policies do exclude certain items if they're packed in checked in baggage and/or there is a limit on the amount of compensation you can claim for loss.

You can alomost certainly claim for a replacment suitcase from Excel on the grounds that it was damaged whilst in their care but the situation is less clear cut with regards to their liability for the contents. It's hard to fault your argument that they are morally responsible but that is not the same as being legally responsible to replace the stolen items.

Unfortunately, as others on this forum have learnt, the lesson to draw from this is to never pack valuable items, especially small portable items like cameras and camcorders in your hold baggage unless you are absolutely sure that either your travel or house insurnace will cover them. For myself, I would never take the chance because I wouldn't want a holiday to be spoilt on the way out by not having the camera with me to record it even if I knew that it would be covered, nor would I want to lose the pictures and the memories if it happened on the way back. the equipment can be replaced but the images can't.

SM

Sorry to hear of the incident with your luggage,I am not surprised that damage occurs having watched them unload luggage from our flight from Faro on Sunday.
One baggage handler would get a case from the plane and then drop it from waist height onto the flat bed truck he was standing on and then give it a kick for good measure .
I made sure I checked our cases carefully before leaving the airport!!!

Several years ago we had a case damaged (luckily nothing stolen/lost) and was advised by my solicitor to claim from the baggage handling company.
Their name may be on the form you filled in.
If not ask the Airport.
In my case they didn't make it easy by writing to me in Spanish,however I got it translated and eventually got the full amount claimed to replace my suitcase.Unlike travel insurance there was no excess to pay.

Can you tell us who your Travel insurance is with ...as one to avoid if luggage is not covered?

Good Luck

It is always advised that you pack anything of value and also any essential medication in your hand luggage.

There are 2 reasons for this really.
1) The case could be opened and as in your case items stolen or
2) The case might get put on another plane - it does still happen - or 'get lost'.

Also with regards to photographic equipment it is recommended for film safety that they go in the hand luggage.

I think that insurerers pay out so much per kilo of luggage - please correct me if I am wrong. If it states in your policy that valuable items must be carried in your hand luggage then I am afraid that you will probably not be able to claim for them.

Pippa

Im sure that most - if not all insurers will not cover valuables whilst in the hold. Pippa ive not come across any policies that pay by kilo, usually under baggage have an overall limit of anywhere from 1k up and single article limits of say £250

LA

we were insured through the post office with Fortis insurance - as everyone has rightly said i shouldnt have packed these items in the suitcase and, therefore, its going to be a hard lesson to learn! never mind - everyone arrived home safe and sound and i shall be lodging a complaint with excel for the damaged suitcase.

thanks everyone for the replies.

What an awful experience and I really feel for you and hope you manage to be recompensed for your losses.

One thing that concerns me is I know BA (and maybe other airlines) are limiting the amount of hand luggage with effect from 5th July.
The details I have copied from their website are:-

Hand baggage allowances - changing from 5 July 2006 :
All passengers will be able to carry one standard-sized bag and one briefcase, laptop computer bag or equivalent on all flights.
The maximum size of the bag, 56cm x 45cm x 25cm (22in x 18in x 10in) has been set in line with the Department for Transport recommendations.
Passengers must be able to lift their bag unaided into the aircraft overhead locker.
The briefcase, laptop computer bag or equivalent must fit under the seat in front.

The thing is, this does not leave alot of room for things like movie cameras etc. Our hand luggage is ususally taken up by reading books, cameras, and any duty free we have bought to take away with us!!

If you have unspecified personal belongings cover on your insurance policy, you should be able to claim under this section. You will not be able to calim under your Contents only section.

I work for an insurance company and quite often we get travel insurers ringing us to check whether a claimant has this on their policy, as cover for personal possessions under a travel policy is not that good and doesn't give a great deal of cover. So it is worth adding personal possession cover to your home insurance and does not cost the earth.

I think you need to claim against the company who Excel use to handle the baggage and not Excel themselves.I can't remember any examples but they work for the Airlines and are responsible for your luggage.
When our case was damaged it was not the Airline that paid out but the baggage handlers (sorry can't remember their name)

I dont think you will get very far ,as a friend of mine had the same thing happen.They were told they should have had it in their hand luggage and got nothing.

Heavens Sugarbabe, you must take a huge quantity of hand luggge with you if the new BA regs have you worried :-)

The maximum size of the bag, 56cm x 45cm x 25cm (22in x 18in x 10in) has been set in line with the Department for Transport recommendations.

I can live for week out of a case that size and was thinking great! This means no more hanging around waiting for the case to come of the luggage carousel etc. My usual trolley case now counts as hand luggage. And I'll still be able to take briefcase/laptop sized bag too.

SM

We ususally take a rucksack as hand luggage which I haven't actually measured but I am sure is larger than the new requirements. We usually have movie camera, digital camera, reading books, and waterproof coats.

I think I should go and measure it but 22 inches doesn't seem that big!!!

The size of hand luggage that BA will now accept is quite large, I certainly couldn't handle that and a larger case. The 22" size is slightly larger than the case I use for hold baggage, and I have travelled around the world for over a month with this size. Some people must take huge amounts of clothes etc. with them.

No edit button so I have to post again. BA's new hand luggage policy has not reduced the size of carry on baggage only the number of bags you can take on board. It is in line with all other airlines scheduled and budget ones. I think we are off topic now.

I had problems with my luggage on a First Choice trip, which was only delayed, not lost or damaged. I had not bothered to pay for the baggage insyranace as it didn;t cover me while the luggage was in the care of the carrier. Phoning First Choice confirmermed they were responsible and covered the risk. Obviously a totally different story when the problem arises with the FC foot soldiers, particulary the supervisors trying everything to duck and dive. I took it up with First Choice customer services, who eventually relented and passed mt details to their insurer who sent me a form asking how much cash the reps had forwarded me as was procedure. (Not the procedure the reps were told to work to..)
I responded back to the insurance company stating that there was nothing more I could add to my original facts and seeking clarification. I heard nothing.
I then returned to FC customer services and pointed out that my contract was with Eclipse/First Choice not a third party. Therefore if they wanted to use a third party they were welcome to but I would only deal with First Choice, they would have to deal with the third party. A very nice man from First Choice rang me and dealt with all the insurance aspects and also arranged an extra refund for inconvenience from FC.

In this instance the claim is against the airline and also the charge is theft not damaged luggage. This should be reported to the police and you should either do so yourself or ask if they have already done so and ask for the report number. They will try and deflect the insurance to your insurance but whilst the luggage is in their care it is an agreed fact that they have complete responsibility, regardless of who they subcontract to.

I think the issue here is the fact that items that are supposed to be packed in your hand luggage were packed in the hold. The insurance company will probably just say that you were not using due care and attention in looking after valuable items.

hi mdaly may i first say how sorry i am for you but guess what the same has just happened to me i flew home on saturday evening 1st july from palma into newcastle with exell airlines an you guessed it when the bus took us to the plane i spotted my case straight away an it was slashed all overso rather than go on the plane i tried to approach them but got no sattifaction so when i got on the plane i pulled 1 of the stewardesses an told her so she then called the ground staff so i was then allowed to go to my caseall my clothes were dirty from what ever they had done i had a few things stolen so when i arrived at newcastle i had to report it to swissboard an all she said was claim off your travel insurance so on my return home i realised that every thing was damaged all my smokes were gone an the vodka was smashed so also all my clothes were ruined one travel insurance said that i might have to post everything in my case to them are they for real how can i post 10 bottles of broken vodka to them an all my damaged suitcase an clothes im more mad at the stuff they have taken out of my suitcase i will let you know how i get on with my claim

Little bit difficult to read above post - one long breath needed!!