“I feel that I have been treated pretty lousy by Delta”

Vivian Polzin didn’t have a choice. A Delta Air Lines employee forced her to check a bag that contained a camera with priceless vacation snapshots. But when the carrier lost her camera, it had a choice — and it decided to hide behind its contract of carriage, which says it isn’t liable for electronic equipment in checked luggage.

Is the airline right? Technically, yes. Its Domestic General Rules Tariff is pretty clear:

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

Question is, did she sign that form?

About two minutes before we boarded our flight from New York to Detroit, someone from Delta came over and put a tag on my carry-on. She said I would have to leave it at the gate and they would give it back to me in Detroit. She said the plane was too small to accommodate my carry-on.

She did the same thing to many others. The last time I refused to give up my carry-on, I had a hard time getting it under my seat. So, I was very tired and just gave it up. I didn’t really have much time to think through it and because I had been lucky in the past when I gave up my carry-on, I didn’t worry about it too much.

So, no waiver.

When she discovered her camera was missing — apparently it had been pilfered either by ramp workers or inspectors — Delta cited its contract.

I filled out the form and mailed it on Oct.20. When I tried to talk to the representative at Delta about my camera loss, she said, they probably won’t cover it because they don’t cover cameras in checked luggage.

I explained that it was not checked luggage, it was my carry-on and I was forced to give it up when I entered the plane. I have tried to get information on my claim since then. I always hear the same response: “I can’t see the claim because you mailed it and didn’t fax it”.

I feel that I have been treated pretty lousy by Delta.

Polzin tried to contact Delta at a higher level to appeal the denial, but was ignored.

I think Delta should refund the camera that it forced her to check and for which it didn’t get a necessary waiver. Failing that, she should go to small claims court to recover the value of her camera.

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  • brenda

    We had a similar but different problem returning home international on Delta. We flew down no problem to Ecuador from Atlanta each with one personal, under seat and one in overhead. Out stuff contained computer, camera and Video cameras and housing, dive computers, and our regulators-stuff we always carry!!!! We have bought luggage that is smaller than the largest size carry on and have worked hard to have everything sized to fit in our rolling and personal. At the Delta check in Ecuador we were told that we each could only have 1 idem —either our personal or rolling. (Very large plane lots or room and lots of time to get through security) I had all the Delta rules printed out per your general advice–Rules showed 1 personal and one carry on, and no liability for checked cameras computers etc. So we said fine we would check it but since Delta wasn’t letting us follow their rules they would have to insure the checked bags at their costs. After about 3 levels of supervisors and 45 minuets of hassle they let us keep both bags but did subject us to 3 different security screenings of complete unpacking and packing. Funny note- each time my husband had to deal with a new supervisor the value that we asked Delta to insure kept going up! Has anyone else ever had the airport employees anywhere ever try to impose their own rules? These bags are even small enough that we don’t have to gate check on most RJ but do carry zip ties for that occasional time of risk.

  • Loriva

    I fly every week, and I spend many hours watching the same things that happen during boarding over and over – and it’s always caused by the same reason – lack of communication. The gate agents pink tag the bags with no explanation such as “this is a small plane and the overhead bins will not fit your roller bag” – simple communication about the limitations of this type of aircraft would fix this problem. Yes, it is a huge pain to take out valuables, especially when you are a leisure traveler who doesn’t understand that not every plane is a 737 and didn’t plan to unpack before boarding. I watch people look at the agent with shock because they don’t understand that the connecting plane is too small (in ATL you don’t always see the gates, so you don’t know it’s a bunch of RJs sitting at the bottom of a stairway).

    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.

  • James

    What disturbs me most about all these comments is the general acceptance that flying these days involves contact with highly unethical, immoral and/or criminal people. Everyone seems to just accept that theft will occur and work around it. We should be more outraged at airlines and airline employees that allow this behavior to occur. Property theft on airlines is just a micro view of the rest of the business world – and we all know where that has gotten us. The time to complain on a case-by-case basis is over. With kudos to the movie Network, it’s time to stand collectively as a group and say “I’m mad as hell and I’m not gonna take it any more!” If we don’t demand more ethical behavior by the rampers how can we expect any from the executives?

  • The Good Doctor

    Morally, Delta should be responsible, but legally, they’re not. That’s why I never check my valuables when riding a RJ (regional jet). I would rather carry them aboard loosely than trust the bag to the baggage handlers. And I’ve never had a flight attendant stop me.

  • Noah

    There seem to be two obvious problems with the waiver, even if Polzin did sign it:

    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.

  • Mike

    Yes, TheGoodDoctor, I frequently bring loose items aboard a small jet or turbo prop. I have a rolling tote that will hold a 17″ laptop. It fits great in any full-size jet’s overheads (taking less room than any rollaboard), but it is too fat for any RJ or turbo-prop. I just pull out the laptop, my file folders with personal info and the power cords and check the bag (which now only contains a day of clothing and my basic toiletries). I carry a small backpack which can always go under a seat, and I put the loose items into a bin near my seat.

  • http://www.cockam.com ajaynejr

    There were a variety of alternatives that would produce different outcomes but the possibility of the need to use courts exists in all.

    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.

  • David Z

    A bit late, but found something “interesting” on this subject:

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

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