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Legal Advice on lost baggage.

Travel Forums General Talk Legal Advice on lost baggage.

1. Posted by Lewwy (Budding Member 56 posts) 5y

Hey all,

I have a slight problem, wondering if anybody can help?

Me, my girlfriend and a mate went on a 7 day tour with a company up the Western Australian coast recently. The tour was awesome, we had a film crew with us as they were shooting a promotional video. We also got some freebies, just for the sake of filming.

Our luggage, for the most part was stored in a trailer, that was attached to the back of the bus.

On the final day, on the long drive home, the driver noticed the trailer was open when we pulled into a service station, the camera crew immediately sprung out as they had thousands worth of camera equipment in the back, followed by me, who already had a bad feeling because I knew my girlfriends bag was on top of the pile in the trailer, so if any bags had fallen out, hers would be first.

Whadyaknow, her bag was the only one to have fallen out. Yay :/

We jumped back in the bus and retraced our 30 minute route, looking for the bag on the side of the road, to no avail.

Next stop was the police station, we reported the bag missing and got a police report card.

Now here comes the problem. We also got the tour company to fill out an incident report and on it, they wrote 'we believe that a passenger opened the trailer and failed to close it properly without our knowledge.'

Not only does this shift the blame away from the company, but I heard the driver (and owner of the company) ask his co-guide if any of the passengers had opened the trailer when we first noticed. The response was "I don't think so". Admittedly not a solid no, but we were a pretty close group, if someone opened the trailer to access their bags it would have taken time, and someone would have noticed.

Furthermore, to prevent this from happening again on the rest of the drive home, they *locked* the trailer, if it had been locked in the first place, a passenger would have never been able to allegedly access the bags without the guides knowledge and my girlfriend would still have all her gear.

My question is, will the travel insurance pay out on this, or should the tour company take the hit?

Thanks,
Lewis.

2. Posted by SamSalmon (Respected Member 626 posts) 5y

Submit the claim with the police report, tour companies usually have a rider on their contract absolving them of blame.

Of course the insurance company will look for wiggle room as well-depends on how solid a company they are and how much proof your GF has that she owned all the stuff she claims.

Posts 3 & 4 were removed by moderators
5. Posted by flyingbob (Inactive 842 posts) 5y

It's all down to the wording in your travel insurance policy.
Bluntly - you're either covered in the smallprint, referring to the loss, or you're not.
Sadly, that's it.

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