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Read the Rules
Cheap Charlie · May 14, 2001

Over the past couple of weeks I have been exchanging emails with one of my readers. It seems that he had a problem with Alaska Airlines regarding damage to his guitar that was accepted and sent as checked baggage. It arrived with a broken neck.

For a guitarist, this is not a good thing.

In the excerpted words of the reader: "... when flying home on Alaska Airlines from a trip to Bethel, Alaska (I) didn't feel like dealing with the hassle that the airlines always give you about carrying on a guitar. I was discouraged from carrying it on, so I checked my guitar to Portland and asked them to please be careful with it. The person at the check-in counter put some 'Fragile' stickers on the case, which I thought was a nice effort to try and be safe. When I got back to Portland. I opened the case and immediately saw that the guitar had separated from the back, and along the sides of the neck, the wood was severely cracked - I knew it was broke beyond repair. My heart sunk."

Alaska Air offered him $200 claiming, according to this passenger, that they normally don't normally cover musical instruments. They later repeated to him that the $200 offer was already an exception since they don't cover musical instruments.

I went into the Web site of Alaska Airlines. They have published their entire contract of carriage. Under Section V - Baggage I found the following:

"Fragile items -

a. Upon request, a fragile and/or bulky item will be carried as cabin-seat baggage subject to the provisions in paragraph g).

b. Fragile items (for examples see paragraph c) below) will be accepted if they are appropriately packaged in an original factory-sealed carton, cardboard mailing tube, or container or case designed for shipping such items or packed with protective internal material. However, fragile items without appropriate packaging may be accepted upon the execution of a release which relieves AS of liability for loss or damage of contents or delay in delivery resulting in damage or loss of checked baggage (of the type identified in paragraph c) below). Such loss or damage must result solely from the unsuitability of such items as checked baggage and/or the inadequacy of their packaging, and not from AS's failure to exercise the ordinary standard of care. (See release form below).

c. The classes of items listed below are deemed to be fragile or perishable or otherwise unsuitable as checked baggage and are subject to the conditions of acceptance set forth in paragraphs a) and b) above."

Another paragraph specifically referred to music instruments as a fragile item:

"Musical Instruments and Equipment: Guitars, violins and other stringed instruments, organs, horns, percussion, wind and brass instruments, amplifiers or speakers in conjunction with electronic instruments."

Armed with this material, the passenger returned to Alaska Air to pursue the case of the damaged guitar. Again, in the passenger's words, "I think I blew her (the customer service representative) away, because I was so prepared. She said she'd call me back after she had a chance to read and review those rules."

I also pointed out the specific sections of the Alaska Airlines/Horizon Air Contract of Carriage that deal with liability. That section clearly states that when rules are followed the airline is limited to a liability of $2,500 per passenger. That amount of money should cover the replacement of his broken guitar.

The total situation is a bit more complex (the guitar is rare, etc.), but these are basics. I feel the passenger followed all the rules - he checked in the guitar; he never signed any waiver; the guitar was accepted by the airlines as properly packed; and he has backup noting the value of the guitar.

I haven't heard back from this particular passenger. I'll pass along the final verdict. However, one thing is sure - passengers faced with problems should read the contract of carriage carefully to find out what their contractual rights specifically are whenever dealing with airlines.

You owe it to yourself.

Charlie Leocha is the Boston-based author of Travel Rights: Know the Rules of the Road and the Air Before You Go. Cheap Charlie appears every Monday on this site. E-mail him at leocha@aol.com or access his Web site.