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José M.
José M., Attorney
Category: German Law
Satisfied Customers: 4772
Experience:  Spanish Attorney
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I am a U.S. attorney who is outraged by Air Berlin ("AB") an

Customer Question

I am a U.S. attorney who is outraged by Air Berlin ("AB") and its lost baggage practices. AB just sent me today a wire transfer for about 36% of the value of my lost suitcase and its contents; I had yesterday emailed AB that its offer was unacceptable. I am looking for a German lawyer in Berlin to handle either a small claims procedure or an ADR in Berlin for the remaining value of the lost suitcase and its contents, which is about $765.00 (US) after the wire transfer of approximately $385.00 is considered. I realize that the amount in controversy is quite small and probably is not economically worth pursuing, but I am more than annoyed by the arrogance and methodology of AB's claims resolution department, and am willing to pay for representation in an amount which will reasonably compensate a qualified German attorney for his or her time. Is it possible to proceed by ADR, by Section 495aZPO, or by Section 688 of German law? If there is a qualified German attorney in Berlin willing to represent me in this matter, please supply me with your/his/her email address and I will communicate further with you/him/her. Thank you.
Submitted: 1 year ago.
Category: German Law
Expert:  wendy-Mod replied 1 year ago.
Hi, I am a moderator for this topic. I've been working hard to find a Professional to assist you right away, but sometimes finding the right Professional can take a little longer than expected.

I wonder whether you're ok with continuing to wait for an answer. If you are, please let me know and I will continue my search. If not, feel free to let me know and I will cancel this question for you.


Thank you!
Wendy
Customer: replied 1 year ago.

Please continue with your search for a qualified individual to represent me in this matter. I appreciate your diligence. Thank you.

Expert:  wendy-Mod replied 1 year ago.
Thank you for your patience. We will continue the search for a Professional for you.

Regards,
Wendy
Expert:  José M. replied 1 year ago.

Hi there

Check your rights here

http://europa.eu/youreurope/citizens/travel/passenger-rights/air/index_en.htm

Lost or damaged registered luggage

Checked-in luggage

If your registered luggage is lost, damaged or delayed, you may be entitled to compensation from the airline, up to about €1,220

Exception – if damage is caused by an inherent defect in the baggage itself.

Hand baggage (including personal items)

The carrier is liable if it was responsible for the damage.

Make sure to file your claim within 7 days of receiving your luggage (or 21 days if your luggage was delayed).

If you wish to pursue other legal action, you must do so within 2 years of the date your luggage arrives.

If you are travelling with expensive items, you might be able – for a fee – to obtain a compensation limit higher than €1,223 by making a special advance declaration to the airline – at the latest when you check in. Though the best thing is really to take out private travel insurance.

There is no standard form for the special declaration. It is up to the airlines to choose the type of form they provide.

 

http://www.citizensinformation.ie/en/travel_and_recreation/air_travel/airline_liability.html

If before reading you feel you need an attorneys help, the best way to found him its in the closer US consulate, where we could find local attorneys who will help us

 

http://germany.usembassy.gov/germany/img/assets/9057/berlin_attorneys2007.pdf


Thank you and sorry for the inconvenient

I lost my own baggage in New York and I have to say I recibed a very good treatment from the airport autorities



Customer: replied 1 year ago.


Thank you for your reply, but I am already familiar with the law and the time limits involved. I have already been through all that. I used this forum specifically to locate a a qualified attorney in Berlin who would represent me there in a German court of competent jurisdiction, as well as specific legal advice as to the small claims procedures I could use, and what the cost would be to me for a lawyer to handle it.

Expert:  José M. replied 1 year ago.
I am sorry to say that the service you need its not available in this site

Sorry


Thank you

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