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Ext User(Ketut Royson)
19-09-2006, 02:23 PM
Travelling on an Italian domestic flight baggage did not turn up on the
carosel. The man in Roma reckoned it had been sent to Milano by mistake
and would be on-forwarded on an evening flight to London, and to head
on to the UK and call UK customer service to pick up the bag there.
Hit London and teh number is non-existent, Alitalia customer service
won't help/ answer their phones etc. Ten days go by and the luggage is
then delivered. In the interim the passenger buys a new outfit for the
wedding they were going to and the other passenger misses an open book
law exam at the University of London and has to have travel documents
re-issued as the second passport was in the lost luggage.
What are the extent of claimable damages?
Can Alitalia be sued in Australia?

Ext User(Sylvia Else)
19-09-2006, 02:53 PM
Ketut Royson wrote:

> Travelling on an Italian domestic flight baggage did not turn up on the
> carosel. The man in Roma reckoned it had been sent to Milano by mistake
> and would be on-forwarded on an evening flight to London, and to head
> on to the UK and call UK customer service to pick up the bag there.
> Hit London and teh number is non-existent, Alitalia customer service
> won't help/ answer their phones etc. Ten days go by and the luggage is
> then delivered. In the interim the passenger buys a new outfit for the
> wedding they were going to and the other passenger misses an open book
> law exam at the University of London and has to have travel documents
> re-issued as the second passport was in the lost luggage.
> What are the extent of claimable damages?
> Can Alitalia be sued in Australia?
>

I cannot see that Alitalia can be sued in Australia unless the ticket
was bought from them here.

The other problem is that of whether the losses incurred as a result of
the delay were reasonably forseable. While it's clear that if they delay
baggage, the passenger will have to get some more clothes, it's not
forseeable that the passenger would have to buy a new outfit for a
wedding. Similarly, missing the open book law exam, even if it could be
quantified in terms of financial damage, would hardly be forseeable.

The Montreal Convention limits damages to about $US1500.

Sylvia.

Ext User(Ketut Royson)
19-09-2006, 03:43 PM
Sylvia Else wrote:
> Ketut Royson wrote:
>
> > Travelling on an Italian domestic flight baggage did not turn up on the
> > carosel. The man in Roma reckoned it had been sent to Milano by mistake
> > and would be on-forwarded on an evening flight to London, and to head
> > on to the UK and call UK customer service to pick up the bag there.
> > Hit London and teh number is non-existent, Alitalia customer service
> > won't help/ answer their phones etc. Ten days go by and the luggage is
> > then delivered. In the interim the passenger buys a new outfit for the
> > wedding they were going to and the other passenger misses an open book
> > law exam at the University of London and has to have travel documents
> > re-issued as the second passport was in the lost luggage.
> > What are the extent of claimable damages?
> > Can Alitalia be sued in Australia?
> >
>
> I cannot see that Alitalia can be sued in Australia unless the ticket
> was bought from them here.

How so? Can't you generally sue your defendant wherever they reside?
Eg. if Alitalia is registered in Australia, surely they can be sued
there?
>
> The other problem is that of whether the losses incurred as a result of
> the delay were reasonably forseable. While it's clear that if they delay
> baggage, the passenger will have to get some more clothes, it's not
> forseeable that the passenger would have to buy a new outfit for a
> wedding. Similarly, missing the open book law exam, even if it could be
> quantified in terms of financial damage, would hardly be forseeable.
>
> The Montreal Convention limits damages to about $US1500.
>
Do you know if Australia has ratified, or legislated for, the Montreal
convention?
I thought teh convention only covered international travel?

Ext User(David Bennetts)
19-09-2006, 04:03 PM
"Ketut Royson" <spam@220-244-78-94.tpgi.com.au> wrote in message
news:1158639217.869326.141170@b28g2000cwb.googlegr oups.com...
> Travelling on an Italian domestic flight baggage did not turn up on the
> carosel. The man in Roma reckoned it had been sent to Milano by mistake
> and would be on-forwarded on an evening flight to London, and to head
> on to the UK and call UK customer service to pick up the bag there.
> Hit London and teh number is non-existent, Alitalia customer service
> won't help/ answer their phones etc. Ten days go by and the luggage is
> then delivered. In the interim the passenger buys a new outfit for the
> wedding they were going to and the other passenger misses an open book
> law exam at the University of London and has to have travel documents
> re-issued as the second passport was in the lost luggage.
> What are the extent of claimable damages?
> Can Alitalia be sued in Australia?


I don't believe you can sue Alitalia in Australia because they aren't here.

Two lessons to learn from this:

1. Take out travel insurance - most policies will cover replacement clothing
if baggage is lost and/or delayed.
Airlines are most stingy about paying out compensation.

2. Don't ever leave important documents such as passports in checked
baggage.

Regards
David Bennetts

Ext User(Ketut Royson)
19-09-2006, 04:13 PM
David Bennetts wrote:
> "Ketut Royson" <spam@220-244-78-94.tpgi.com.au> wrote in message
> news:1158639217.869326.141170@b28g2000cwb.googlegr oups.com...
> > Travelling on an Italian domestic flight baggage did not turn up on the
> > carosel. The man in Roma reckoned it had been sent to Milano by mistake
> > and would be on-forwarded on an evening flight to London, and to head
> > on to the UK and call UK customer service to pick up the bag there.
> > Hit London and teh number is non-existent, Alitalia customer service
> > won't help/ answer their phones etc. Ten days go by and the luggage is
> > then delivered. In the interim the passenger buys a new outfit for the
> > wedding they were going to and the other passenger misses an open book
> > law exam at the University of London and has to have travel documents
> > re-issued as the second passport was in the lost luggage.
> > What are the extent of claimable damages?
> > Can Alitalia be sued in Australia?
>
>
> I don't believe you can sue Alitalia in Australia because they aren't here.

Really? What about:
http://www.worldaviation.com.au/airlines/alitalia_contact.asp
http://www.search.asic.gov.au/cgi-bin/gns030c?acn=000_680_231&juris=9&hdtext=ARBN&srchsrc=1

They are a foreign company with a registered office in Australia....
>
> Two lessons to learn from this:
>
> 1. Take out travel insurance - most policies will cover replacement clothing
> if baggage is lost and/or delayed.
> Airlines are most stingy about paying out compensation.
>
> 2. Don't ever leave important documents such as passports in checked
> baggage.
>
Interesting legal analysis... Generally its important to carry
essential documents in different places, that way if one is lost (eg
hand-held luggage is pickpocketed) then the checked-in luggage is
generally available. Its a sensible risk-management approach of not
putting all your eggs in one basket. But perhaps you'd like to tell me
how to suck them?

Ext User(Sylvia Else)
19-09-2006, 04:13 PM
Ketut Royson wrote:

> Sylvia Else wrote:
>
>>Ketut Royson wrote:
>>
>>
>>>Travelling on an Italian domestic flight baggage did not turn up on the
>>>carosel. The man in Roma reckoned it had been sent to Milano by mistake
>>>and would be on-forwarded on an evening flight to London, and to head
>>>on to the UK and call UK customer service to pick up the bag there.
>>>Hit London and teh number is non-existent, Alitalia customer service
>>>won't help/ answer their phones etc. Ten days go by and the luggage is
>>>then delivered. In the interim the passenger buys a new outfit for the
>>>wedding they were going to and the other passenger misses an open book
>>>law exam at the University of London and has to have travel documents
>>>re-issued as the second passport was in the lost luggage.
>>>What are the extent of claimable damages?
>>>Can Alitalia be sued in Australia?
>>>
>>
>>I cannot see that Alitalia can be sued in Australia unless the ticket
>>was bought from them here.
>
>
> How so? Can't you generally sue your defendant wherever they reside?
> Eg. if Alitalia is registered in Australia, surely they can be sued
> there?

But they don't reside in Australia. They merely do business here. If you
didn't buy the ticket from them here, then an Australian court is likely
to take the view that it is not the proper forum, particularly in the
light of the terms of the Warsaw convention.

You're right that the convention generally applies only to international
travel, but it also applies for domestic travel within the EEC, as
explained by this page

http://www.caa.co.uk/default.aspx?categoryid=306&pagetype=90&pageid=5298

Article 33 provides that "An action for damages must be brought, at the
option of the plaintiff, in the territory of one of the States Parties,
either before the court of the domicile of the carrier or of its
principal place of business, or where it has a place of business through
which the contract has been made or before the court at the place of
destination."

Now, I had been under the impression that Australia had ratified the
Montreal convention, but it appears we're still talking about it.

However, the rule described in article 33 derives from the Warsaw
convention, which is the convention modified by the Montreal convention.
So the question will be whether the incorporation of the Montreal
convention into the law of the EEC states for the purposes of domestic
travel will imply that you can sue in a state that ratified the
convention in its original form, but not as modified by the Montreal
convention.

Sylvia.

Ext User(Pesto Fever)
19-09-2006, 07:13 PM
Geez, calm down buddy - he was just trying to help.


"Ketut Royson" <spam@220-244-78-94.tpgi.com.au> wrote in message
news:1158646151.152134.293240@m73g2000cwd.googlegr oups.com...
>
> David Bennetts wrote:
>> "Ketut Royson" <spam@220-244-78-94.tpgi.com.au> wrote in message
>> news:1158639217.869326.141170@b28g2000cwb.googlegr oups.com...
>> > Travelling on an Italian domestic flight baggage did not turn up on the
>> > carosel. The man in Roma reckoned it had been sent to Milano by mistake
>> > and would be on-forwarded on an evening flight to London, and to head
>> > on to the UK and call UK customer service to pick up the bag there.
>> > Hit London and teh number is non-existent, Alitalia customer service
>> > won't help/ answer their phones etc. Ten days go by and the luggage is
>> > then delivered. In the interim the passenger buys a new outfit for the
>> > wedding they were going to and the other passenger misses an open book
>> > law exam at the University of London and has to have travel documents
>> > re-issued as the second passport was in the lost luggage.
>> > What are the extent of claimable damages?
>> > Can Alitalia be sued in Australia?
>>
>>
>> I don't believe you can sue Alitalia in Australia because they aren't
>> here.
>
> Really? What about:
> http://www.worldaviation.com.au/airlines/alitalia_contact.asp
> http://www.search.asic.gov.au/cgi-bin/gns030c?acn=000_680_231&juris=9&hdtext=ARBN&srchsrc=1
>
> They are a foreign company with a registered office in Australia....
>>
>> Two lessons to learn from this:
>>
>> 1. Take out travel insurance - most policies will cover replacement
>> clothing
>> if baggage is lost and/or delayed.
>> Airlines are most stingy about paying out compensation.
>>
>> 2. Don't ever leave important documents such as passports in checked
>> baggage.
>>
> Interesting legal analysis... Generally its important to carry
> essential documents in different places, that way if one is lost (eg
> hand-held luggage is pickpocketed) then the checked-in luggage is
> generally available. Its a sensible risk-management approach of not
> putting all your eggs in one basket. But perhaps you'd like to tell me
> how to suck them?
>

Ext User(Pesto Fever)
19-09-2006, 07:13 PM
"Ketut Royson" <spam@220-244-78-94.tpgi.com.au> wrote in message
news:1158639217.869326.141170@b28g2000cwb.googlegr oups.com...
> Travelling on an Italian domestic flight baggage did not turn up on the
> carosel. The man in Roma reckoned it had been sent to Milano by mistake
> and would be on-forwarded on an evening flight to London, and to head
> on to the UK and call UK customer service to pick up the bag there.
> Hit London and teh number is non-existent, Alitalia customer service
> won't help/ answer their phones etc. Ten days go by and the luggage is
> then delivered. In the interim the passenger buys a new outfit for the
> wedding they were going to and the other passenger misses an open book
> law exam at the University of London

While I sympathise, anyone who is travelling around Europe 10 days before a
law exam is pretty much screwed anyway. Those degrees are almost worthless
anyway - so if you stuffing around like this there's no point.



and has to have travel documents
> re-issued as the second passport was in the lost luggage.
> What are the extent of claimable damages?
> Can Alitalia be sued in Australia?
>

Ext User(shorebreak)
19-09-2006, 10:53 PM
Ketut Royson wrote:
> Travelling on an Italian domestic flight baggage did not turn up on the
> carosel. The man in Roma reckoned it had been sent to Milano by mistake
> and would be on-forwarded on an evening flight to London, and to head
> on to the UK and call UK customer service to pick up the bag there.
> Hit London and teh number is non-existent, Alitalia customer service
> won't help/ answer their phones etc. Ten days go by and the luggage is
> then delivered. In the interim the passenger buys a new outfit for the
> wedding they were going to and the other passenger misses an open book
> law exam at the University of London and has to have travel documents
> re-issued as the second passport was in the lost luggage.
> What are the extent of claimable damages?
> Can Alitalia be sued in Australia?
>
I suspect this is a conflicts assignment.

If not then obvioulsy the first question is have the parties selected a
forum in the contract, in short RTFC.

Ext User(David Bennetts)
20-09-2006, 09:13 AM
"Ketut Royson" <spam@220-244-78-94.tpgi.com.au> wrote in message
news:1158646151.152134.293240@m73g2000cwd.googlegr oups.com...
>
>> I don't believe you can sue Alitalia in Australia because they aren't
>> here.
>
> Really? What about:
> http://www.worldaviation.com.au/airlines/alitalia_contact.asp
> http://www.search.asic.gov.au/cgi-bin/gns030c?acn=000_680_231&juris=9&hdtext=ARBN&srchsrc=1
>
> They are a foreign company with a registered office in Australia....

But how was your contract with that Australian office when you were doing an
internal flight within Italy?

>> Two lessons to learn from this:
>>
>> 1. Take out travel insurance - most policies will cover replacement
>> clothing
>> if baggage is lost and/or delayed.
>> Airlines are most stingy about paying out compensation.
>>
>> 2. Don't ever leave important documents such as passports in checked
>> baggage.
>>
> Interesting legal analysis... Generally its important to carry
> essential documents in different places, that way if one is lost (eg
> hand-held luggage is pickpocketed) then the checked-in luggage is
> generally available. Its a sensible risk-management approach of not
> putting all your eggs in one basket. But perhaps you'd like to tell me
> how to suck them?

You've got an interesting view of sensible risk management. Travelling
without insurance and putting a passport in checked luggage certainly isn't
the way I'd travel, I've had experiences myself of misplaced checked baggage
on several occasions. I'd be more confident about carrying such items
myself.

Regards

David Bennetts

Ext User(Ketut Royson)
20-09-2006, 12:03 PM
Sylvia Else wrote:
> Ketut Royson wrote:
>
> > Sylvia Else wrote:
> >
> >>Ketut Royson wrote:
> >>
> >>
> >>>Travelling on an Italian domestic flight baggage did not turn up on the
> >>>carosel. The man in Roma reckoned it had been sent to Milano by mistake
> >>>and would be on-forwarded on an evening flight to London, and to head
> >>>on to the UK and call UK customer service to pick up the bag there.
> >>>Hit London and teh number is non-existent, Alitalia customer service
> >>>won't help/ answer their phones etc. Ten days go by and the luggage is
> >>>then delivered. In the interim the passenger buys a new outfit for the
> >>>wedding they were going to and the other passenger misses an open book
> >>>law exam at the University of London and has to have travel documents
> >>>re-issued as the second passport was in the lost luggage.
> >>>What are the extent of claimable damages?
> >>>Can Alitalia be sued in Australia?
> >>>
> >>
> >>I cannot see that Alitalia can be sued in Australia unless the ticket
> >>was bought from them here.
> >
> >
> > How so? Can't you generally sue your defendant wherever they reside?
> > Eg. if Alitalia is registered in Australia, surely they can be sued
> > there?
>
> But they don't reside in Australia. They merely do business here. If you
> didn't buy the ticket from them here, then an Australian court is likely
> to take the view that it is not the proper forum, particularly in the
> light of the terms of the Warsaw convention.

Do they not reside in Australia (as well as anywhere they have an
office)? They may not be domiciled here, but that's a different thing.
So if we are not ratified to teh Montreal Convention, the Warsaw one is
still law here?



>
> You're right that the convention generally applies only to international
> travel, but it also applies for domestic travel within the EEC, as
> explained by this page
>
> http://www.caa.co.uk/default.aspx?categoryid=306&pagetype=90&pageid=5298

I couldn't see anything about EEC domestic travel here. Its a quite
important point because the idea is to exclude the convention and just
sue under TPA if possible (representations made in Australia)

>
> Article 33 provides that "An action for damages must be brought, at the
> option of the plaintiff, in the territory of one of the States Parties,
> either before the court of the domicile of the carrier or of its
> principal place of business, or where it has a place of business through
> which the contract has been made or before the court at the place of
> destination."
>
Yes that would exclude suit in Australia. It was bought on the internet
from Australia, but presumeably not "a place of business through which
the contract has been made" in Australia.


> Now, I had been under the impression that Australia had ratified the
> Montreal convention, but it appears we're still talking about it.
>

Yes I haven't found anything definitive about that, except the Civil
Aviation Carriers Liability Act which indicates that it *is* law here.

> However, the rule described in article 33 derives from the Warsaw
> convention, which is the convention modified by the Montreal convention.


> So the question will be whether the incorporation of the Montreal
> convention into the law of the EEC states for the purposes of domestic
> travel will imply that you can sue in a state that ratified the
> convention in its original form, but not as modified by the Montreal
> convention.
>
To my mind the outstanding point is whether domestic EEC travel is
travel covered by the Civil Aviation (Carriers Liability) Act, and if
its not then Alitalia can be sued in Australia as they are resident
here or alternately there is a relevant connection with Australia (
making of representations/ conduct of the contract). The test for
declining jurisdiction then is "manifestly inappropriate forum", not
"not the proper forum"

Ext User(Ketut Royson)
20-09-2006, 12:03 PM
David Bennetts wrote:
> "Ketut Royson" <spam@220-244-78-94.tpgi.com.au> wrote in message
> news:1158646151.152134.293240@m73g2000cwd.googlegr oups.com...
> >
> >> I don't believe you can sue Alitalia in Australia because they aren't
> >> here.
> >
> > Really? What about:
> > http://www.worldaviation.com.au/airlines/alitalia_contact.asp
> > http://www.search.asic.gov.au/cgi-bin/gns030c?acn=000_680_231&juris=9&hdtext=ARBN&srchsrc=1
> >
> > They are a foreign company with a registered office in Australia....
>
> But how was your contract with that Australian office when you were doing an
> internal flight within Italy?
>
> >> Two lessons to learn from this:
> >>
> >> 1. Take out travel insurance - most policies will cover replacement
> >> clothing
> >> if baggage is lost and/or delayed.
> >> Airlines are most stingy about paying out compensation.
> >>
> >> 2. Don't ever leave important documents such as passports in checked
> >> baggage.
> >>
> > Interesting legal analysis... Generally its important to carry
> > essential documents in different places, that way if one is lost (eg
> > hand-held luggage is pickpocketed) then the checked-in luggage is
> > generally available. Its a sensible risk-management approach of not
> > putting all your eggs in one basket. But perhaps you'd like to tell me
> > how to suck them?
>
> You've got an interesting view of sensible risk management. Travelling
> without insurance and putting a passport in checked luggage certainly isn't
> the way I'd travel, I've had experiences myself of misplaced checked baggage
> on several occasions. I'd be more confident about carrying such items
> myself.
>
Who says I'm travelling without insurance? Nothing of the sort in the
post. Its a legal group posing a legal question about ability to sue in
an Australian jurisdiction.
Look I'd love to carry everything valuable myself as cabin luggage, but
unfortunately the airlines don't allow it. Yes it is more reliable to
do so, but if you have two sets of documents why have them both in the
one place? If an office does backups, its better to have one at another
site even if that other site is less accessible. It is sensible risk
manangement. Whay have two passports and keep them both in the one bag?
If that bag gets stolen then you are really stuffed. If one gets
mislaid, then you are still OK.

Ext User(Ketut Royson)
20-09-2006, 12:03 PM
Pesto Fever wrote:
> Geez, calm down buddy - he was just trying to help.
>
How?



>
> "Ketut Royson" <spam@220-244-78-94.tpgi.com.au> wrote in message
> news:1158646151.152134.293240@m73g2000cwd.googlegr oups.com...
> >
> > David Bennetts wrote:
> >> "Ketut Royson" <spam@220-244-78-94.tpgi.com.au> wrote in message
> >> news:1158639217.869326.141170@b28g2000cwb.googlegr oups.com...
> >> > Travelling on an Italian domestic flight baggage did not turn up on the
> >> > carosel. The man in Roma reckoned it had been sent to Milano by mistake
> >> > and would be on-forwarded on an evening flight to London, and to head
> >> > on to the UK and call UK customer service to pick up the bag there.
> >> > Hit London and teh number is non-existent, Alitalia customer service
> >> > won't help/ answer their phones etc. Ten days go by and the luggage is
> >> > then delivered. In the interim the passenger buys a new outfit for the
> >> > wedding they were going to and the other passenger misses an open book
> >> > law exam at the University of London and has to have travel documents
> >> > re-issued as the second passport was in the lost luggage.
> >> > What are the extent of claimable damages?
> >> > Can Alitalia be sued in Australia?
> >>
> >>
> >> I don't believe you can sue Alitalia in Australia because they aren't
> >> here.
> >
> > Really? What about:
> > http://www.worldaviation.com.au/airlines/alitalia_contact.asp
> > http://www.search.asic.gov.au/cgi-bin/gns030c?acn=000_680_231&juris=9&hdtext=ARBN&srchsrc=1
> >
> > They are a foreign company with a registered office in Australia....
> >>
> >> Two lessons to learn from this:
> >>
> >> 1. Take out travel insurance - most policies will cover replacement
> >> clothing
> >> if baggage is lost and/or delayed.
> >> Airlines are most stingy about paying out compensation.
> >>
> >> 2. Don't ever leave important documents such as passports in checked
> >> baggage.
> >>
> > Interesting legal analysis... Generally its important to carry
> > essential documents in different places, that way if one is lost (eg
> > hand-held luggage is pickpocketed) then the checked-in luggage is
> > generally available. Its a sensible risk-management approach of not
> > putting all your eggs in one basket. But perhaps you'd like to tell me
> > how to suck them?
> >

Ext User(Ketut Royson)
20-09-2006, 12:13 PM
Pesto Fever wrote:
> "Ketut Royson" <spam@220-244-78-94.tpgi.com.au> wrote in message
> news:1158639217.869326.141170@b28g2000cwb.googlegr oups.com...
> > Travelling on an Italian domestic flight baggage did not turn up on the
> > carosel. The man in Roma reckoned it had been sent to Milano by mistake
> > and would be on-forwarded on an evening flight to London, and to head
> > on to the UK and call UK customer service to pick up the bag there.
> > Hit London and teh number is non-existent, Alitalia customer service
> > won't help/ answer their phones etc. Ten days go by and the luggage is
> > then delivered. In the interim the passenger buys a new outfit for the
> > wedding they were going to and the other passenger misses an open book
> > law exam at the University of London
>
> While I sympathise, anyone who is travelling around Europe 10 days before a
> law exam is pretty much screwed anyway. Those degrees are almost worthless
> anyway - so if you stuffing around like this there's no point.
>
WTF are you talking about? What degrees are almost worthless? Anyone
doing a law exam in Europe is probably travelling in Europe.
>
> and has to have travel documents
> > re-issued as the second passport was in the lost luggage.
> > What are the extent of claimable damages?
> > Can Alitalia be sued in Australia?
> >

Ext User(Ketut Royson)
20-09-2006, 02:03 PM
shorebreak wrote:
> Ketut Royson wrote:
> > Travelling on an Italian domestic flight baggage did not turn up on the
> > carosel. The man in Roma reckoned it had been sent to Milano by mistake
> > and would be on-forwarded on an evening flight to London, and to head
> > on to the UK and call UK customer service to pick up the bag there.
> > Hit London and teh number is non-existent, Alitalia customer service
> > won't help/ answer their phones etc. Ten days go by and the luggage is
> > then delivered. In the interim the passenger buys a new outfit for the
> > wedding they were going to and the other passenger misses an open book
> > law exam at the University of London and has to have travel documents
> > re-issued as the second passport was in the lost luggage.
> > What are the extent of claimable damages?
> > Can Alitalia be sued in Australia?
> >
> I suspect this is a conflicts assignment.
>
> If not then obvioulsy the first question is have the parties selected a
> forum in the contract, in short RTFC.

Good point.

Ext User(Ketut Royson)
26-09-2006, 03:03 AM
shorebreak wrote:
> Ketut Royson wrote:
> > Travelling on an Italian domestic flight baggage did not turn up on the
> > carosel. The man in Roma reckoned it had been sent to Milano by mistake
> > and would be on-forwarded on an evening flight to London, and to head
> > on to the UK and call UK customer service to pick up the bag there.
> > Hit London and teh number is non-existent, Alitalia customer service
> > won't help/ answer their phones etc. Ten days go by and the luggage is
> > then delivered. In the interim the passenger buys a new outfit for the
> > wedding they were going to and the other passenger misses an open book
> > law exam at the University of London and has to have travel documents
> > re-issued as the second passport was in the lost luggage.
> > What are the extent of claimable damages?
> > Can Alitalia be sued in Australia?
> >
> I suspect this is a conflicts assignment.
>
> If not then obvioulsy the first question is have the parties selected a
> forum in the contract, in short RTFC.

OK. Its an internet purchase. The ticketing process has the tick box to
say you accept the terms & conditions which must be completed before
payment But interestingly the window which contains the "complete terms
and conditions" just has a lot of fare related mumbo jumbo - nothing
about forum/applicable law/limitaion of liability. The 'Legal Info'
page has "page not found", although this page is not referred to in the
ticketing process.

So step one, RTFC, is quite inconclusive.