http://www.msnbc.msn.com/id/29469447/

My recommendation for teh future is to take the valuable items out on the spot.

THe airlines’ big print says “don’t put valuables in checked baggage.” I doubt it would be an open and shut case in favor of the airline when the “small print” (contract of carriage) says somethine else.

IN some cases it may be preferable to s ay :”no” to the question “do you want to fly today”. And also use the courts if needed to get a refund of the fare.

1. Assuming that the camera was stolen, not broken, that does not sound like “loss or damage resulting from the unsuitability of such items as checked baggage and/or the inadequacy of their packaging.”

2. This might cut the other way, but I get the sense that Polzin is more upset by the loss of the pictures than of the camera. On one hand, the pictures seem clearly not to be covered by the disclaimer. On the other hand, they probably don’t have any real monetary value.

Where I hold Delta accountable is in not communicating that the bags simply won’t fit – the losing valuables part is a sad lesson that some of us have to learn the hard way.

Of course, that was before 9/11 Changed Everything. Today, my disobedience would surely get me arrested and subject to a lengthy prison sentence for the federal felony of Interfering With a Flight Crew.

It seems that when it comes to air travel, published rules or contracts don’t mean anything. Even if you make the effort to know and comply with the rules or the contract, you’re liable to suffer when the rules suddenly change at the checkpoint, at the check-in desk, at the gate, on the plane, or anywhere else in between. In practice, the rules are whatever the man or woman in the uniform decides they are at that moment you become subject to their orders. And no matter what, neither the airline, the TSA, or anyone else is responsible for loss or damage to your property. As Carver said, the passenger is “bend over, hold my ankles screwed.”

The only sure solution is not to fly. And if you do have to fly, get adequate insurance for all your belongings. That might only get you a check for the depreciated value of whatever the airline lost, after six months of hassle with the insurance company. But that’s better than nothing.

The reason I have to disagree is because when the airlines set up the rules to put the passenger in a catch-22, judges frown on that.

Consider, the very common scenario. On a given trip, I am likely to pack the following items in my carry-on. Computer with power cord, headphones, Ipod, spare set of prescription eyeglass, several bottles of medications which must be taken daily. And a couple data devices, e.g. thumb drives, Data DVD’s, etc. This all fits nicely in my carry-on which is compliant with all airlines.

I am not in a position to lose any of these items. That is why they are not checked into baggage. I followed the rules. Now, these items are not packed to withstand being thrown around by baggage handlers, not does my carryon have a lock, as I reasonably don’t expect it to be out of my immediate possession at any point.

Now, at the gate, the GA, TA, or anyone else, orders me to Gate check. I’m screwed. Bend over, hold my ankles screwed.

None of those items are appropriate for regular checked luggage for reasons that I don’t think are in dispute. But the airline, unilaterally, placed my items at risk, solely for its own convenience. My choices, comply or don’t fly.

And this indeed happened to me. I had to gate check those items. I was nervous to say the least.

I don’t think a state court judge would be very happy about that situation. IF then the airlines tried to deny the claim.

I’ll guarantee that someplace in most peoples files there is a receipt for a digital camera even if just on a bank statement.

Secondly, Most Cell phones have Cameras these days. Photograph the contents of the bag in a way that any valuables are in plain sight. Do it at the gate where the background will show that clearly you’re in an airport. If it has a date/time stamp use it! While this doesn’t totally circumvent the CoC it does make it a whole lot easier for you in negotiations.

Thirdly, File a police report with the local police and send it to the local media outlets. If it’s a slow news day you might get some traction and then watch Delta “get religion”!

I learned that when you go to battle with a large company the more ammo you have the better the outcome. When I was just a LittleBadExample a family friend had his house burn to the ground. Now this guy HATED insurance companies with a passion, yet he carried the most complete and most expensive coverage that replaced the contents of the home. So the adjuster shows up and starts with the usual dance. Well here Franny went to his safe deposit box prior and had an entire photo album of every room, every piece of furniture, contents of every drawer along with a type itemized list down to the number of pair of socks in each drawer. He also prepared a list using the Sears Catalog as a price guide to determine the amount his carrier should pay.

The adjuster was speechless and Franny said “I’ll take the check now please” and the insurance company had no choice but to pay.

The lesson in the above story is simple

READ THE CONTRACT!

KNOW THE CONTRACT

ENFORCE THE CONTRACT

Force them to abide by THEIR RULES and if that fails bully them when and where you can get away with it by using the media effectively, government agencies, force Delta in this case to spend 10 times the value of your loss in labor and time.

In life you get what you allow people to give you and my motto is I don’t get stress I GIVE stress.

Cameras, lenses, flash bulbs, projectors, video cameras, and other photographic or cinematographic equipment … may be accepted [as checked luggage] upon the condition

[Delta agrees to take checked luggage containing foregoing items if the passenger]

that the passenger agree in advance and in writing to release the carrier of liability for loss or damage resulting from the unsuitability of such items as checked baggage and/or the inadequacy of their packaging, in a Limited Liability Release form to be provided by Delta.

[passenger needs to declare the items are in the bag as a condition of DL accepting the bag - if the passenger fails to disclose it then DL would not have accepted the bag. The only way that DL accepts these items is if the passenger waives the risk of loss [i.e., theft] and damage.]

A gate check is covered by this policy. Even though it seems it may not be given the common rushing around which occurs at gate check bag time, you need to pay attention to what is in your bag. DL will argue that its flight attendants and gate agents lack the authority to modify the contract. And the contract probably says so,

This is the simple common sense rule nothing should go in checked luggage that you need or want to see again . . .

But that’s the rub.

Indeed, and it’s arguably easy to tell others what to do despite the understandable frustration. But what if they’re called out to it if found not capable of “walking the talk”? (although that shouldn’t necessarily be an issue, maybe…)

The other Jennifer brings up a possible dilemma: baggage handlers’ wages. Delta could increase them to try discouraging the “need” to pilfer baggage, but…they might pass on that increase to consumers somehow. (and I’m sure we can imagine a whole bunch of other undesirable scenarios, yeesh…)

Anyway, the main point here is Ms. Polzin wants Delta to do something about what happened. A catch with letting someone else handle this, though, is one is potentially leaving themselves at their mercy and come out more frustrated if nothing “productive” happens.

Rather than that, we might as well take it upon ourselves to do everything humanly possible to ensure things like this don’t happen. But…we’re all human.