[HanibalLechter]

I followed this site's advice and sent a complaint to DOT but I'm also looking for advice on continuing to pursue this and get to people who are actually in a position to act.

In principle I think SW's 4 hour baggage rule is ridiculous. A company who cares about it's customers doesn't put in stipulations and roadblocks.

In my case I'm returning home from vacation with my fly rod case checked (not by my choice but because it could be used as a weapon). At baggage claim I can't open it because the brass cap is screwed on so tight it's like someone used a wrench on it but since I can hear the sounds of things moving around in the case I assume my rods are OK.

Turns out that whomever screwed on the cap cross-threaded it so I put off opening it until I had time to do it carefully. A week later and after many attempts to open it without further damaging the threads, the cap's base splits and the whole thing now spins freely on the case. One nice rod case now turned into junk. I slide the whole cap assembly off the tube and one of the rods is missing.

I call SWA and am informed that the 4hr thing was not met; DENIED.

Ummm, NO, I really don't give a crap about your rule I want to file a report and make a claim. Their rule is specious to begin with but I've clearly demonstrated extenuating circumstances. They mail me their automatic denial report and I follow their instructions to take the claim further. It's been over a month and I have not even received anything to indicate they received it, let alone are doing something about it.

Burying things in red tape, making it difficult or impossible to reach someone in person (by phone, by email) sends a very clear message: we don't want to resolve this we simply aren't going to deal with you in hopes that you will go away. NOT GONNA HAPPEN

I don't care if I have to make up a thousand fake identities to file a thousand reports to the DOT to bring their rating numbers down, I will find ways to make sure they suffer more of a loss than I have.

Appreciate any info that will help me:
1st - Resolve this quickly and equitably
2nd - If 1st doesn't happen, find other ways or means to insure they suffer losses equal to my own.

Thanks to all

[jimworcs]

Keep the broken rod case, with the damaged screw cap as evidence. Write again to SWA and tell them they have 30 days to respond, or you will file a complaint in small claims court. They are legally responsible for damage and if you can demonstrate that their rules are unreasonable, you have a reasonable chance of winning. Even if you don't, you will at least inconvience them.

[HoustonFlyer]

You don't say how long after you got the baggage you complained to SWA. You initially had cause to suspect damage at baggage claim but a week later you discover the actual damage. I presume it is some time after that you reported the damage.

I'm not sure of SWA's rules, but it would seem to me that if you were put on enquiry as you received the case that something was not right, you should have then reported it to the agent in the baggage claim room, or if there was none there, any SWA agent as you came out of baggage claim. and as soon as possible check it out to see the extent of the damage.

The airline has to protect itself from passengers who may wish to claim this and that was missing or this and that was damaged long after the passenger received his bags. Hence they place time limits on when they will receive complaints after you receive the bag without complaint.

I'm not aware of any 4 hour rule, but for some airlines the rule is that you must report any loss or damage immediately upon discovering it, and not more than 7 days from receiving the case.

I have not seen in your post anything that can be called extenuating circumstances and you have not said why it took you a week to get around to checking the case.

If your first report to SWA is more than 7 days after getting the case, the DOT is not going to assist you, as you have probably realized yourself.

[HanibalLechter]

Thank you both for your responses.

The extenuating circumstance was my inability to open the case in the baggage claim area and believing the cap had been screwed on too tight as opposed to the later discovery of it having been cross-threaded. Being able to hear the contents moving around led me to believe the contents were intact so I had no suspicions pressing me to do a more detailed or timely check.

Maybe this will present a problem but unlike the rest of my baggage my rod cases are where I normally store my rods so there is no routine unpacking associated with those. I'm not likely going fishing the day after I return from a fishing vacation. Hence the time delay.

My issue with their 4hr claim rule has to do with the unreasonable-ness of it. I assume that most travelers are in the same situation I'm in: a friend or family member is circling around the pick up area outside baggage claim being harassed by the "you can't stop your vehicle unless you're actually loading it with passengers or luggage" Gestapo.
So unless you have an obvious reason to unpack and inspect the contents of your baggage (something left your hands round and it comes off the carousel flat) you're all about getting the hell out of there, post haste.

The same is true when you arrive home. Unpacking is way down the list from immediately falling into bed. Maybe you'll get to it in the next day or two, but it's most likely not gonna happen till next weekend, when you have time to do laundry and put everything away.

24-48 hours is pushing it to make a report or file a claim, 4 is absolutely ridiculous and leads me to be critical in my thinking towards the airline.

[HoustonFlyer]

You still have not said how many days after arrival you made your complaint. There is a presumption that receipt by the passenger of his baggage without complaint is prima facie evidence that it was received in good condition.

You may be able to show that 4 hours is unreasonable. What you need to do is show that your complaint was made in a reasonable time. The fact that you didn't go fishing is not a real reason. Perhaps you may not go fishing until next summer, and only discover it then, but that will not give you the right to make the complaint several months later.

[jimworcs]

I agree that the 7 days requires extenuating circumstances, but the broken screw thread does potentially present such circumstances. The question is should the customer have reported the damaged screw thread in the time available? I think this is open for debate and would very much depend on the approach of the adjudicator in small claims court. The OP asked for ways to inconvience SWA.. small claims is pretty much the only way to do that...

[ChrisH]

Jim is correct. You are likely going to need to bring SWA to court to potentially get anything done about this. Even then, it may not be worth it or resolve the issue. People need to remember that when you purchase a ticket, you agree, in contract, with that airline's "Contract of Carriage" and the terms and "Fare Rules" that apply to that ticket. The Contract of Carriage and the Fare Rules will spell out the policies that the airline has on such things as reporting damaged luggage and/or missing contents.

If it seems evident that SWA damaged your rod case, they should resolve the issue with you. It only seems fair, but given the time that has passed, I'm doubting they are going to give in. If you continue to push the issue, you may reach someone who will do something for you.

Also, HoustonFlyer is correct when he says the DOT likely cannot help you. The DOT does not just count every complaint that comes in against the airlines. They are going to verify the complaints and they are going to make sure that the complaint isn't just because someone disagrees with the airline's policies. The DOT will count complaints and put pressure on an airline when complaints arise from an airline's refusal to follow it's own policies, etc. In other words, had you reported the damage immediately and yet SWA still refused to compensate for it. As a result, it will also probably be a waste of time and not do any good to make thousands of complaints to the DOT about SWA under different identities. The DOT will make sure any complaints are ligit.

With that being said ... continue to push this issue with SWA and please keep us up to date as to any responses and communication you have with them.

[A320FAN]

Originally Posted by HanibalLechter

I followed this site's advice and sent a complaint to DOT but I'm also looking for advice on continuing to pursue this and get to people who are actually in a position to act.

In principle I think SW's 4 hour baggage rule is ridiculous. A company who cares about it's customers doesn't put in stipulations and roadblocks.

In my case I'm returning home from vacation with my fly rod case checked (not by my choice but because it could be used as a weapon). At baggage claim I can't open it because the brass cap is screwed on so tight it's like someone used a wrench on it but since I can hear the sounds of things moving around in the case I assume my rods are OK.

Turns out that whomever screwed on the cap cross-threaded it so I put off opening it until I had time to do it carefully. A week later and after many attempts to open it without further damaging the threads, the cap's base splits and the whole thing now spins freely on the case. One nice rod case now turned into junk. I slide the whole cap assembly off the tube and one of the rods is missing.

I call SWA and am informed that the 4hr thing was not met; DENIED.

Ummm, NO, I really don't give a crap about your rule I want to file a report and make a claim. Their rule is specious to begin with but I've clearly demonstrated extenuating circumstances. They mail me their automatic denial report and I follow their instructions to take the claim further. It's been over a month and I have not even received anything to indicate they received it, let alone are doing something about it.

Burying things in red tape, making it difficult or impossible to reach someone in person (by phone, by email) sends a very clear message: we don't want to resolve this we simply aren't going to deal with you in hopes that you will go away. NOT GONNA HAPPEN

I don't care if I have to make up a thousand fake identities to file a thousand reports to the DOT to bring their rating numbers down, I will find ways to make sure they suffer more of a loss than I have.

Appreciate any info that will help me:
1st - Resolve this quickly and equitably
2nd - If 1st doesn't happen, find other ways or means to insure they suffer losses equal to my own.

Thanks to all

4 Hours is a standard with every airline out there including the one I work for. Now when you checked in you fishing poles were you asked to sign the back of the automated baggage tag stating that Southwest will transport this item, but it is at your own risk? I know that I have people sign this all the time, and if the refuse I document the refusal to sign, but the person(S) have been advised that this ia the case. Now herein lies the 1st part after check in. Once the item (in this case your fishing pole tube with rod(s) reach the baggage makeup area, the item is screen by TSA, and sometimes if something looks funny or sets off their L3 baggage scanner, they (the TSA) will open the bag, and in this case your tube, do their inspection, and reclose the bag or in this case your tube before turning the checked bag / tube over to the airline. I highly doubt that a Southwest employee 1. took the time to screw on the lid to your fishing rod tube to the point that it would not open, and 2. I also highly doubt that they took the rod. The baggage make up areas in the airports have security cameras, and also they are to busy loading and off loading flights. in timely fashion.