An airline lost my checked luggage that contained snowboarding and backpacking equipment.  30 days later, the airline issued a property loss form asking me to detail the missing items and provide receipts of those lost items.  

In signing and returning that notarized claim form, I waived my rights to any further lawsuits.  I didn’t think much of it at the time as I have majority of my receipts and figured I would be covered.

Today, I find out the airline will only reimburse approximately 1/3 of my original claim.  They went on to explain items with documented proof is paid at a rate of: 70% within one year of purchase; 50% within one to two years; 40% within 2 to 3 and etc. and etc.; all the way to 10% pay rate for items 5 years or older.  In addition, the airline excluded my Zeiss binocular citing that it falls into the category or electornic equipment/eyewear, which are exluded from their claim - can they do this?  Now keep in mind that those restrictions were never mentioned anywhere on the form that I signed.

Is there anyway way to void that agreement and take them to small claims court, or did I already signed my life away?  I have NOT accepted nor will I deposit their reimbursement check.

Thanks in advance for any comments or suggestions.

If anything is "unclear", you can take anyone to court. A court will decide what is technically right and wrong.

Personally, I believe they will judge in your favor, since they did lose your stuff. Having a check from them will definately show that they agreed that they lost your stuff. Also, if they pull the percentage crap based ont he age of the items, then make them replace them with same identical items, instead of taking the money for it.

(you cannot sign away your rights)

Darn it...more bad news: just heard the company filed for BANKRUPTCY today - vanguard airline.

Should I just take the check when they mail it to me or take my chances with the court?

If they are filing for BK odd are one of their soon to be unemployed employees got your stuff to supplement his soon to be non-income[;)]

[beer]

Strike two!

Word of advice:  keep an eye towards the sky.  Watch for falling objects.

make a copy of the check, and cash it AT THE BANK IT WAS DRAWN ON. Write on the back of it  something that states that this is only partial payment for loss of products and does not cover blah blah blah...

Use Ink: and copy both sides.

File a lien for the amount they owe you.

That though has crossed my mind because what I found odd was that security hand searched my two checked-in luggages and drove them away on an airport golf cart.  The strange thing was that my smaller bag made it through.  I don't know how someone could lose such a large snowboard bag.

Uh, you can where I practice law.

RLITT Wrote:


Rlit, Usually in bankruptcy proceeding anyone with a claim or holding a debt against the company has the right and the responsibility to notify the people acting as attorneys for the bankrupt corporation or company. There will be a deadline to file a claim.  You will probably need to get some lawyer advice or something to fill out the forms so that the attorneys for the bankruptcy will know of your claim.

This is my understanding and isn't worth much. I am not a lawyer nor do I even attempt to play one on TV , so check with someone who  actually may know about it in your state.  Like I said your mileage may very.

Also in a situation like this just pushing it a little may cause an insurance company to cough up the money just to shut you up. Here again I don't know a damn thing but that type of thing happening is not unusuall.

Ben

Signing anything these days means just about jack shit, especially something like that. [b]Anything[/b] can be contested in court, but whether it will turn out in your favor or not will depend upon the circumstances. In your case, I would think that they would be held reliable for the replacement costs of your luggage and contents, since their policy won't allow you to take it with you and then they lost it. Most companies will bend when threatened with a lawsuit simply because it will cost them a lot more money to go to court than you pay off your claim which is probably peanuts compared to lawyer fees to defend them.

Since the company went under though, you might be SOL. If the value of the stuff you lost is significant enough though it might be worth it to check with a lawyer on your specific options.