Golf club theft or loss?

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  • Anonymous
    Guest

    MartynSinclair
    Participant

    Junior Sinclair has gone golfing and his golf clubs are missing.

    What we think happened, someone took his clubs in error. This conclusion is based on the fact that there was an identical bag left at oversized baggage collection point.

    Air Canada are absolutely useless, BUT, one insurance policy states the Golf Clubs must be “stolen” whilst the other states that they are covered if the clubs are lost en route.

    Air Canada stance is the clubs arrived, but were taken in error.

    Does Junior report a loss or a theft??

    I know in mot cases the clubs will be returned…

    Incidentally, Air Canada have so far refused to make inquiries to the passenger whose clubs were left and they have identified, despite also having the name and address, via a Customs declaration (or access to this via Immigration)..

    Any help appreciated.


    DavidGordon10
    Participant

    Martyn – I cannot help much, except to report that something very similar happened to me once, with two similar raincoats in a BMI locker. The airline were very sympathetic but did not (and would not) specifically tell me that they had chased the person who had taken my coat in error.

    The missing coat was never returned but the insurance company paid – it was so long ago that I cannot remember the wording of the insurance policy, but a phone call to report a “loss”, with a report of the exact circumstances led to painless reimbursement.


    1nfrequent
    Participant

    If the passenger didn’t bring the clubs back, then they’re stolen. I’d get Junior Sinclair to file a police report to make the claim.

    1F


    LuganoPirate
    Participant

    What a nuisance Martyn, and clubs are so personal that I’d like to think it was taken in error so cannot be a theft. Did they have a tag with a name or number on them? Hopefully when they realise their mistake they will contact you.

    In November LP junior picked up the same colour and type of bag after our George -JNB flight with Kulula. We were about to check in when we got a call from the airline informing us of the mistake. Bags swapped and I was impressed with the airline for calling me.


    MartynSinclair
    Participant

    Junior Sinclair has just reported me received an email from the person who took his clubs and hopefully, by the end of the day they will be reunited.

    This does still raise some interesting points.

    1. The Airline did not want to take any responsibility, they said they fulfilled their part of the contract by delivering the clubs to the arrival airport..

    2. There were 4 separate bags tags the clubs (put on by him with name and address) and Junior also confirmed the lock was still closed. The airline tags were also on the bag.

    3. It still amazes me (and this has been discussed elsewhere) that a passenger can still collect someone else’s belongings (even in error) and simply walk out of the airport. My son’s clubs are insured for more than I care to mention…. but this is still one part of the travel process where there is a shortfall in security.

    I have suggested to Junior that he goes and buys the brightest and most luminous coloured golf travel bag he can find…


    SimonS1
    Participant

    Seems strange, after all wouldn’t the airline just say that any time any bag went missing? “Sorry sir, someone else must have taken it”.

    Having said that it does surprise me how many bags going round the carousel these days look so similar. Mine is decorated in brightly coloured stickers so there would be no risk of it being taken unless someone was really out to steal something.

    As a postscript I came through Lusaka a couple of weeks ago and before leaving the baggage hall I had to show the tag matched the bag. First time in about 20 years that has happened.


    esselle
    Participant

    I am not sure it is reasonable to ascribe responsibility for what happenned to the airline, but it seems odd they chose not to use the information they had available to contact the person who had, by mistake or otherwise, picked up the wrong clubs.

    It would have been a positive way of dealing with it, would have cost next to nothing, and would have resulted in at least two very happy customers (who is to say the clubs that were “left behind” were not of infinately more value than the ones taken in error?).


    Globalti
    Participant

    This is a rare example of a case where African airports do something better than we do: at many airports most especially Lagos, passengers are required to show their baggage receipt, which is compared to their tag, on leaving the terminal.

    A friend of mine once flew in from AMS, collected her case, got home, opened it and found it full of hardcore pornography. The case had a phone number on it, which she rang and discovered that a very well-known rock musician, living hundreds of miles away in Devon, had her own case. The rock star wasn’t keen to help (I wonder why?) so she was obliged to drive all the way to exchange the cases. When she unpacked her own case she was annoyed to find that it had been comprehensively rummaged and her private effects disturbed.


    Carajillo2Sugar
    Participant

    Name and shame that well-known rock musician……


    IanFromHKG
    Participant

    Martyn, Junior should not be putting his home address on baggage tags, lest a miscreant purloins the bag and deduces that the premises may be empty while the owner is travelling.

    E-mail address and phone number are quite sufficient.


    KarlMarx
    Participant

    Air Canada cannot know whether the clubs were taken in error or stolen, unless they contacted the other passenger.

    Had this happened to me, I would have spoken with the airline and then reported it to the police, as I am sure a report/incident number stating that the bags were delivered to the carousel and taken by a third party would be enough to trigger a claim payment.

    It’s good that the clubs were returned.


    transtraxman
    Participant

    How is it that this last post was timed at 07.39 GMT while I am writing mine at 07.09 GMT?

    EDITED; I can now see that your clock is wrong, has not been brought forward. Please correct.


    Ekond222
    Participant

    The Clock is incorrect…..it’s should be GMT+1….


    IanFromHKG
    Participant

    BTW Martyn, FWIW, it does not sound as though the bags were “stolen”, at least under English law, which defines theft as “dishonestly appropriating the property of another with intent permanently to deprive” – although there are quite a few caveats around the way “permanently” is construed.

    If another passenger mistakenly takes the wrong bag – and it happens, the Memsahib did precisely that a year or two back – then they have not “dishonestly” misappropriated it and thereis no theft.

    The scenario is quite similar to one I had thrown at me for my university interview (BEFORE I had studied any law!). The scenario unfolded in stages, but in essence it was that a restaurant customer goes to collect his coat and umbrella after his meal and finds his umbrella has gone. He therefore decides to take another umbrella instead, despite the fact that he “knows” it belongs to someone else..However, as luck would have it, the one he chooses is one he himself forgot and left behind on a previous visit. Was an offence committed?? The answer is not as straightforward as you might think…

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