Long story short my bike got damage on my way to Vegas with a layover in JFK from Nice (international flight).
Bike was a 2020 shiv packed in an aerocomfort 3.0 tri bag.
Commuted to my end destination and taking the bike out the case I noticed the seat had a little play in it. The seat post was snapped in half, as well as the seat rails, it also damaged the rear hydration part of my frame (carbon).
Filed a complaint within 24 hours to Delta airline and they first replied telling me I didn’t file the complaint within 24hours which I proved wasn’t true.
They then came back to me offering to repay the suit case (aerocomfort 3.0 tri scicon) purchase price but disclaim the responsibility for the damage on the bike frame/seat post/seat.
I have tried asking them to at least pay the replacement of the bike parts (not even sure the bike structure isn’t damaged) by sending them the receipt of what I had to purchase and they still disclaim responsibility over the bags content.
I’m a bit overwhelmed with the situation and I have no idea if I am in my legal rights to ask for more than just the suitcase replacement.
I mentioned the US department of transportation regulations the airlines must submit to as well as the Montreal convention they only reacted telling me they can’t reimburse more due to their contract of carriage and tariff.
Reading the contract of carriage I can’t find any information on limited responsibility to the bags content.
Has anyone had a similar situation with them ? Should I just accept the bag reimbursement or fight for more it seems I am in a dead end…
Where do you live? They told me the same thing about 20 years ago . . . they paid for the case and damage with a little “persuasion” (I’m a lawyer).
I ask where you live because my homeowner’s insurance would also pay. Anyway, ask me questions if you like. The problem of course is you really can’t pursue a case for that relatively small claim.
Lastly, at the risk of slander, I suggest to anyone who asks do NOT use the Scicon bag! I have dealt with many folks who have had damage with that bag, including a pro that I have worked with.
I know this doesn’t help you now but might others - take photos with verifiable date (or a video) when you pack the bag, proving the bike was undamaged when you gave it to the airline. When the bag comes off the conveyer, video yourself taking it off the belt, opening it, and checking it. I did this for my last trip, after watching another athlete’s soft bike case get kicked and jammed repeatedly by the baggage handler to shove it through the luggage opening to the conveyer. I’ve also seen bikes packed in boxes where the box arrived looking like it had been run over by something.
Thanks, never going to travel with my bike again without insurance I guess that’s the lesson out of this.
I live in France.
The insurance unfortunately doesn’t cover this incident.
How did you persuade them ? They keep on insisting the contract of carriage and tariff does not apply to my content. Shouldn’t mentioning the Montreal convention be sufficient to imply they should pay for the damage ?
What can justify then not reimbursing the bike and only the bag ?
I know this won’t help any damage already done, but I still travel with my TriAll3 25 year old bike case. It is like me, in that we are both dinosaurs! It is pretty much indestructible. The first damage I have experienced was returning from Kona a few weeks ago. The case must have been dropped pretty hard, because the plastic around 2 of the corners is slightly cracked. Most importantly, my bike is fine. It weighed around 80 pounds because I had both racing and training wheels and a bunch of other stuff in there, so I understand the gentlemen handling it, were less than enthused. I get it, but they must have launched it. Anyway, bottom line, I don’t care how much I pay the airlines extra(Westjet only charged me $29 on the way back from Vegas). Fortunately when the incident occured, the representative from Hawaiian Airlines was right there when it came off the conveyor, took pictures and filed a report for me(coming up on 4 weeks ago). I haven’t heard anything back yet, but will follow up. If I get a couple hundred bucks out of them, I will just have the case repaired, and continue on with it. Awesome case and protection.
Well I tried reaching out to understand there reply.
They keep mentioning in the contract of carriage bikes are indicated as excluded liability from Delta which is not the case (no matter the case they don’t specify that).
That is rough and the airlines have the cards stacked against us.
As for the Scicon bag, have to agree with the reservations about it.
The last time I used it, my P5 arrived in Kona with the headset pushed 50degrees off of centre. (The fork mounts to the frame) It would have taken a lot of force and I’m just lucky it didn’t break the fork. The design of the bag offers very little protection from these kinds of forces and almost nothing for impacts.
If I’m wrong about the bag, Scicon should offer a consumer insurance program for a fee that offers consumers protection in the event a bike is damaged in one of their bags. Every company wants subscription revenue, and if Scicon really believes their bags offer protection, I’m sure they would make a lot of money off all of us paying an insurance fee but never making damage claims because their bags are just that good.
I used a hard Tri All sports case for over 15 yrs of racing and never had any damage or issues.
It was for 2 bikes but worked out well putting 1 bike in and everything else wetsuit etc inside for international races.
Many co racers always went with the cheaper cases and complained because something happened in air transport you get what you pay for and have to bite the bullet.
I used to say you have a $4-6K bike but you go penny smart dollar stupid on the case.
I used a hard Tri All sports case for over 15 yrs of racing and never had any damage or issues.
It was for 2 bikes but worked out well putting 1 bike in and everything else wetsuit etc inside for international races.
Many co racers always went with the cheaper cases and complained because something happened in air transport you get what you pay for and have to bite the bullet.
I used to say you have a $4-6K bike but you go penny smart dollar stupid on the case.
The law covering this would be the jurisdiction (s) where this situation occurred (definition could be broad). Generally I argue that this type of damage could not have occurred without at least negligence in handling the bike case or reckless conduct in doing so and therefore civil liability attaches. The practical problem is that there is no economically feasible way for the average person to actually pursue that case. So, you can argue that and be persistent, but you really don’t have a “stick” to enforced it as a practical matter.
Regarding their contention that you signed a contract excluding liability, I argue that is correct but only applies to normal and customary handling of the the bag. Clearly, I argue, this damage could not have come from normal and customary handing. In some jurisdictions negligence cannot be waived. Further, in no jurisdiction can you waive reckless or intentional conduct. So, the argument would go, that this could not have possibly happened without reckless or intentional conduct.
My situation is a bit different in that since I am a lawyer, and I had local jurisdiction; so I presented my argument and case, then gave them limited time to resolve the issue or I would file suit. They then paid my damages (~$600). Obviously, most people aren’t in position to do that.
Sucks to hear about the OP’s situation. I’ve flown with 2 versions of the Scicon TT bag for last 8 years or so and the worst issue I’ve had was a bent shifter. I fly mainly Southwest and Alaska and a few times American and I try to make it direct flights as the idea of loading, unloading the bike twice increases the risk!
I think HOW you pack the bike also affects what may occur. I flew with my Felt IA rim brake for years and now the Cervelo P5 disc and they both had their separate challenges with packing. I bring the seat down, eliminating a stress point, take off my rear hydration. Front end I loosen and bring in the aero bars eliminating that stress point. I take off the chain, remove the battery from the Quarq (learned that lessen when I showed up to race in ID and discovered the movement of the crank kept the unit running, thus draining the battery) and I remove the rear derailleur.
I use the long gone AlboPads at the fork, basebar, top tube, rear fork. Once the wheels (I double bag the wheels in a wheel bag, then put them in the bag sleeves) and straps are in place I drape a an old yoga mat over the top of the bike. I only put in the little Scicon bag with my tools, even though I have space for more items. Too heavy and the bag might get worse treatment…if its just under 50lbs it’ll be easier for the loaders to lift.
The mention of the release the airlines use for soft sided cases…its hit or miss that I get that at check in. Most of the time I don’t sign anything but I know on SW website they state they limit liability w/ the soft sided cases.
They tend to weigh less so you’re less likely to get dinged for extra fees; they also tend to be easier to pack TT bikes in since you don’t have to take apart the front end.
Hi,
Bike was a 2020 shiv packed in an aerocomfort 3.0 tri bag.
I sort of stopped reading after this line. Soft bags are so nice, so light, easy to travel with. BUT… it has been said many times on ST… "it is only a matter of “when” not “if” your bike will get damaged using a soft case. I think some airlines no longer cover damage to bikes unless it is in a hard case. I only travel with hard cases (BBA being my go-to) and I will never trade for a soft bag. Hard cases are a PITA because they are huge and you need a big car on the other side, but they are so worth it (and the BBA takes 5 mins from opening the case to riding my Med sized Shiv… literally take off the pedals and toss it in the box, no need to disassemble anything. Sorry to hear the bike got damaged :-/ That’s no fun at all. Good luck.
