Anyway round the Montreal Convention 1999

[mark one]

OK booked a skiing holiday through Balkan Holidays, arrived in Sofia but my skis and ski stuff remained in Manchester. Never mind these things happen so reported it to the rep, who promised me skis would be delivered the following day

 

So I did not buy any replacements or hired anything and waited till the next day

 

The next day the rep told me the stuff will be delivered the next day.

 

So I waited some more, no point in buying or hiring replacements

 

It was 5 days later in the afternoon skis and equipment arrived

 

So had two days of skiing!

 

Got back claimed insurance who sold me the policy told me that would pay out £160 a day for delayed luggage. So claimed my insurance who wrote back pointing me to page 12 section !! saying I should have hired or bought replacements

 

Several letters later to ANG protesting there advertising got me nowhere

 

I had written a letter to the tour operator, from who I did not get a reply. I should have followed it up, but other things had got in the way

 

Now looking at booking my ski holiday I wrote another letter to Balkan who say they did not get a letter in February and say any claim is now out of date

 

I thought I had 6 years to sue and never heard of the Montreal Convention 1999 until I looked it up now

 

But wondering if a claim against the tour operator would still not succeed. After all the contract was with Balkan and it was their reps who misguided me.

 

Any thoughts anyone

[BankFodder]

I am always concerned about these little conventions which are negotiated by the industry with very little reference to the customers. It is a neat way of stitching the punter.

 

Don't worry about the claim being out of date. if you have a case then it will be under the 6 yr rule. However, do you have any copies of your original complaint to them.

 

Maybe you could quote the relavant portion of the convention here and give us a link to it.

 

Have you looked at all of your holiday documents? Does it say that you agree to be bound by the convention? If it does, then it will be a bit more difficult. You will have to rely upon the incorrect statements by the tour rep.

If there is no reference to the convention in your holiday documents then you will not be bound by it at all.