- This topic has 95 replies, 41 voices, and was last updated 13 years ago by TandemJeremy.
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Easy jet,, dented frame , how much to claim?
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TandemJeremyFree Member
We recently flew with easyjet with the tandem and the bike was dented upon return. I am wondering how much fuss to make.
Its a cannondale tandem and the dent is in the lower part of the front seat tube – not a critical place at all. Just above the front BB.
The dent is about 2 cm across and 5 mm deep – it just interferes with the seatpost when its fully inserted into the frame but only just. Several chunks of paint missing as well and a bent rotor on a wheel as well – I guess the rotor and frame came into contact.
It was all well packed up. it obviously had some heavy handling.
The bike is a good few years old and the paint is fairly well damaged in other places as well. I don't think the dent would write the bike off, I doubt it can be repaired. I have started a claim against easyjet but its going to be a hassle.
What would be a fair claim? How much has that decreased the value? Do I go for the max or be reasonable?
Ta
nbtFull MemberNew frame of a similar standard, plus any parts that won't transfer across due to compatibility – e.g. front mech
stumpy01Full MemberI thought the baggage handlers were nothing to do with the airline, but the airport?
It's unfair but I'd be amazed if u got a penny out of them…
Good luck though…
mrmoFree Membertried and failed, you need to notify on arrival. I gave up after a few months of no joy.
singlespeedstuFull MemberIt was all well packed up
Not well enough by the looks of it…
Do I go for the max or be reasonable?
Unless you have your own insurance you'll not get much out of the airline.
nbtFull Membermrmo – Member
tried and failed, you need to notify on arrival. I gave up after a few months of no joy.
What, you're supposed to unpack the bikes before you leave the airport? Seriously?
TandemJeremyFree MemberMrmo – thats what they say but as the damage is not visible until the bike ius unpacked thats not a fair condition. I am quite prepared to go to small claims.
your experience is as I thought it would be
Stumpy – the airline still have liability. You entrust your luggage to them, they subcontract the handling out is of no concern, my contract is with them
singlespeedstuFull MemberTJ.
You can quote all you want on here but i'm affraid that won't help you out much.
The airline won't want to know unless you complain there and then.
TandemJeremyFree MemberSinglespeedstu – I thought that would probably be the case. How you are supposed to know that there is damage to a packed up bike I don't know.
I did start the email chain within an hour of getting off the flight.
yamyambladeFree MemberSeeing as i am still arguing with them about being stranded in tenerife due to the ash crisis then i would say if you can handle the stress and frustration then claim if not just choose another airline next time ….
scaredypantsFull Memberthe advantage of my (crazy-heavy) rigid case was that it was bloody protective and when they finally bust the case it was very obvious even on the carousel. (bike inside was still fine)
mrmoFree MemberTJ i got into an argument with a manager and yes you are meant to unpack the bike in the arrivals hall!!! The bike was still usable so i basically gave up. I just couldn't be bothered taking it the next step which would have been legal.
ziggyFree MemberI would charge accordingly like airlines do.
So £5 for opening a letter from them.
£10 for sending a letter.
Then £40 if they don't respond within 7 days.
🙂I would claim for a replacement frame and labour, all well and good saying it won't cause any problems in the future, but can you be sure of that?
Sorry if this post is of no help.
cooganFree MemberSeeing as i am still arguing with them about being stranded in tenerife due to the ash crisis then i would say if you can handle the stress and frustration then claim if not just choose another airline next time ….
Not a wind up, but how was that their fault?
toys19Free MemberI thinbk they absolve themselves of responsibility for bikes in their T&c's but I would just do a letter writing campaign followed by small claims, I reckon you will probably win somehting if you go to smaqll claims. I've got a bit of experience at both small claims and failure analysis so I could give you some pointers. email in profile.
ojomFree Membertj – i assume you took out travel insurance. Check your policy detail – there may be more chance claiming through that than with EJ directly. I would say you are on a hiding to nothing pursuing them.
They could claim you damaged it between airport and home and there would be no way of denying that situation could have occurred.crazy-legsFull MemberOnce you're out the airport you've got no chance. I'll be amazed if you even get anything beyond an acknowledgement of your letter/email.
Claiming on your holiday insurance is a better bet.
ChunkyMTBFree MemberI always make sure my travel insurance covers such things. As the buffsome Mark just said.
ojomFree MemberWhat chunkynuts says right there. God you are a handsome fella. :blowskiss:
jhwFree MemberClaim for the value of the damaged part, obvs.
Is what you're really asking whether/how you can claim? If so, here are a few points –
– You need to look at the terms and conditions.
– Easyjet might have a duty of care in respect of your bike conferred by common law. They might also have a contractual duty of care – you've paid them £37 to transport it safely, even if there's no express term in the contract saying they shouldn't damage it, there's probably an implied term (if Easyjet aren't obliged to deliver your bike safely, wtf ARE they obliged to do?).
– Easyjet's terms only allow compensation up to £800 except in exceptional circumstances (I can't remember the exact wording). I don't think the "exceptional circumstances" are defined. I'd say this provision is probably void for uncertainty – to be valid, the term's meaning should be apparent to a court on its face – and I don't think the scope of this exclusion is clear from the wording used. So you might be able to get more than £800.
– You might in any case argue that this is an unreasonable exclusion clause under the Unfair Contract Terms Act 1977. This is another reason why the £800 limit might not stand up in court.
– The last time I flew my bike with Easyjet I tried to find insurance for it (I don't have house insurance) but there was none. In the end I just gave them the bike and figured I'd probably be able to sue them successfully if any damage exceeded £800 and they refused to pay up. I'd do this if I were you. Who knows you could get the standard terms and conditions changed for all of us!
– Your holiday insurance will normally only cover you up to about £300 per part, if at all. Try to negotiate a solution with Easyjet and if they don't play ball take them to the small claims court. Your house insurance might cover the damage too – have you looked into that?
– Oh yeah, that "rule" about reporting damage at the airport isn't worth the paper it's written on. Is that even in their terms and conditions? I don't remember seeing it. If it is there though, I don't reckon it'll stand up in court.
But what do I know!
singlespeedstuFull MemberNot much help to you now but after experiencing the same thing I always open up my bike bag and have a quick look for any damage before i leave the airport.
Even then they can be a bit difficult to deal with though.
As I found out the second time they damaged a frame. 😐ChunkyMTBFree MemberMy insurance covers the cost of my bike. Snowcard covers mine up to £3000.
mrmoFree Member11 Lost/damaged baggage
Please see Article 16 of our Terms and Conditions for Passengers and Baggage. If your baggage is damaged, lost or delayed during an easyJet flight, you must advise a member of easyJet ground handling staff at the airport of arrival immediately.
In the event of loss or damage to baggage the airline's liability is normally
limited to a maximum of 1,000 Special Drawing Rights (approximately £820).
We will not be liable in any event in respect of loss or damage to
baggage which is not permitted to be carried (see "baggage" above). Passengers are advised to take out their own insurance to cover the value of
their baggage and its contents, particularly if they are carrying important
or valuable items. Claims are dealt with up to the airline's legal limit of liability and must be supported by appropriate evidence of loss or damage. Conditions of Carriage Article 16.3
A Special Drawing Right is an international monetary unit (fixed by the International Monetary Fund), the value of which fluctuates daily and can be found in the Financial Times' guide to world currency. easyJet will not accept liability for valuable items which you are not permitted to include in your baggage (see "baggage" above). easyJet does not accept responsibility for fragile, valuable, perishable articles or baggage which is packed in damaged or unsuitable containers, nor for minor damage to the exterior of the baggage (e.g. scratches, stains, dents).
It is our policy that if your baggage is delayed for more than 24 hours on an outbound journey, you can spend up to £25 per day per person on essential items, for a maximum of three days. To claim this allowance you must write to our claims handling agents within 21 days of the relevant flight at the address provided to you by the easyJet handling agent at the airport where the delay was reported. All claims must be supported by documentary evidence of purchases made (e.g. receipts).ojomFree MemberYou need to take it in a MASSIVE box gaffer taped to the max and make sure you hit every single other traveller on the way out the airport on the frankly undersized trolley provided.
You must do this whilst still drunk from the night before.
No damage would have occurred then. I know this.
jhwFree MemberI called Snowcard and they said damage to the bike by baggage handlers was only covered up to about £300.
That is very interesting that their terms and conditions recommend that you take out insurance for it. There isn't any – I spent hours trying.
This is another reason why the contractual £820 limit probably wouldn't stand up in court.
"Normally"'s the wording of the exclusion – I remember now! You can just see a judge reading that term and being, "WTF does that mean?". I know I am. I think that term is void for uncertainty.
If Easyjet are trying to say it's a discretionary compensation policy – it isn't. They have a duty of care in respect of your bike, in all likelihood, and if they harm it they probably owe you damages. The only way they could avoid liability would be with a valid exclusion clause, which I don't think this is.
ChunkyMTBFree Memberjhw – Member
I called Snowcard and they said damage to the bike by baggage handlers was only covered up to about £300.
I paid extra to cover mine.
TandemJeremyFree MemberTa chaps
Holidqay insurance – dinnae be daft. Nope. Never had any. Possible cover under my household insurance
Toys – ta for the offer. I'll let you know if I need help
Mark – I'll be bringing the bike in for an expert opinion some point.
JHW – no – I was asking what would be a reasonable claim in the opinion of the STW massive. The frame is 10 yrs old and battle scarred and the dent is minor and will have little effect on strength ( at a non expert opinion). Hence is a claim for a new frame justifiable? It cannot be repaired I doubt tho as its an ally frame.
Whats the difference in value between a 10 yr old battlescarred frame and a ten year old battle scarred frame with a minor dent and few more scars?
Given what folk are saying about how difficult it is to claim I guess I might claim the couple of thousand for a new frame and if / when they offer me a couple of hundred to shut up and go away I'll just take it.
jhwFree MemberSeriously? The woman I spoke to just said "no way Jose" – I'm sure I told her I'd pay anything…! I even posted on here asking what people normally did but nobody had any ideas.
Learn something every day.
mrmoFree MemberThis is another reason why the contractual £820 limit probably wouldn't stand up in court.
Two words you need to know and understand "Montreal Convention."
ChunkyMTBFree MemberYeah I'm fibbing 🙄
I spoke to the owner's partner, before they farmed it out to a call centre. Payed £80 for a single trip.
Been travelling with my bike on planes for the last 15 years, so I know whats what.jhwFree Memberennnh, 9.99 times out of 10 a dent to the frame has killed the frame. My opinion's even less expert than yours probably, but I got a tiny dent in my old frame in what seemed a non-structural part, I took it to 2 good shops and they said not to worry about it, a year later the dent is now a crack in the frame that has bred lots of other little baby cracks. Do us all a favour and sue the bastards so they get rid of the policy!
Re Snowcard yeah it sounds like I was talking to some kid who didn't understand their product. Thanks for the heads up.
stevehFull MemberThey dented the rear swingarm on my heckler a couple of years ago. I notified them when i got home and rebuilt it (within 24 hours), they tried to fob me off on to my insurance etc. I refused went back to them and they paid for a new back end easily enough.
flatfishFree Memberthebikechain – Member
You will get vouchers for a free flight to bristol.Don't take them up on this offer, the gorilla's at bristol airport are duty bound to destroy baggage! 🙄
TandemJeremyFree MemberAh – hopeful news steveh
I notified them within a hour of getting off the plane – and took photos of the bike still in its packaging and as I unpacked it.
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