I am a bigger risk taker than most when it comes to checking valuable items, but I’d like to think I’d draw the line somewhere before checking a 300-year-old viola valued at $200,000. One woman didn’t…and Alitalia blamed her after destroying it.
Myrna Herzog flew from Rio de Janeiro to Rome to Tel Aviv last week on Alitalia. She is a musician and checked in her 17th century Lewis viola da gamba. Herzog claimed that she wanted to buy a second seat for the viola (almost as large as a cello) but there was not one available. Alitalia, however, promised her the viola would only be handled “by hand” but refused to let her bring it onboard.
Upon reaching Rome, she waited for her viola but was told it had been forwarded to her final destination, Tel Aviv. Unfortunately, upon arrival in Tel Aviv her bag never arrived planeside nor in baggage claim. Airline staff went searching for the item, returning with the instrument…broken. It had been stored in a hard-shell case.
Alitalia Responds
Alitalia was sympathetic, but firm in blaming Herzog. It asserted that she had the opportunity to purchase a second seat and declined, insisting that it should be placed in one of the onboard closets on a complimentary basis. That request was denied.
We regret what happened with Mrs. Myrna Herzog and we are carrying out all necessary investigations.
However, generally speaking, we would like to remind that for all bags exceeding the size limits allowed for cabin bags (8kg and 55 cm high, 35 cm wide and 25 cm deep), such as the musical instrument mentioned, it is necessary to purchase an ‘extra seat’ during the booking procedure in case the passenger intends to avoid checking-in such delicate and/or valuable items. The extra seat, which is normally dedicated to passengers, allows to secure the item with the appropriate procedure.
According to a preliminary investigation, no such request has been presented by the passenger neither during booking nor at the time of departure from Rio de Janeiro. During check-in operations, according to the information available at the moment, the passenger was presented with the possibility to buy an ‘extra seat’ but she refused and signed the limited release form (a disclaimer of liability) after being informed that the best solution for such a delicate item was to bring it with her in the cabin.
That said, Alitalia deeply regrets what happened to Mrs. Herzog and will proceed, having established the facts, with the reimbursement in compliance with the international regulations in force.
That likely means the Warsaw or Montreal Conventions kicks in, limiting compensation to about $1600USD.
CONCLUSION
On my recent trip home in SWISS First I checked an antique end table that belonged to my wife’s grandmother. While the value was probably not more than 500EUR, it held great sentimental value. Even so, we “chanced” it because we’ve had poor luck with DHL, FedEx, and UPS in the past. We packed it so well it could have been thrown about in the cargo hold and remain protected.
Upon arrival in LA we found it was indeed thrown around…and opened by Swiss authorities for inspection. But it arrived in one piece, with no new scratches or dents.
It was worth the gamble. But trust me, had it been a $200K end table, we would have taken a boat home.
Even so, my heart breaks for Herzog…I can only imagine how bad she feels about this.
(H/T: View from the Wing / image: Myrna Herzog [Facebook])
Surely it was insured, but that doesn’t put something so precious back in the world. That sucks big time…
It sucks but she was extremely naive that something so important and rare would be treated with care just because there was a “fragile” sticker in it. Sorry, first why in the world was she traveling with something so rare? Second, on the monent she was told it was going in the cargo she should have left the plane with her valuable item in her hands.
Wow that is awful. My heart goes out to her. However, musicians traveling internationally with such valuable items generally would not check them. I can’t inagine ever checking something so valuable, given what my bags normally look like after a long series of flight segments (or the many, many videos online of baggage handlers tossing stuff around).
Here’s my theory: I suspect Ms. Herzog first requested her instrument be placed in an on-board cabinet in order to avoid paying for a seat for her precious belonging. When that request was denied, rather than pay for the seat offered by Alitalia, she chose the “cheapskate” route and let Alitalia carry her instrument in the hold. Now that the instrument was tragically destroyed, she’s playing fast and loose with the facts in an attempt to get Alitalia to pay her for her own bad decision.
Again, I feel bad for her, but I’m not sure why Alitalia would lie about the situation.
If you are a responsible musician, you do not check an instrument that valuable in a simple case – there are special cases made for flight transport. Or you buy an extra seaT. Both are very common practices among cellists and da gamba players. Alitalia could have treated the instrument better, but the responsibility unfortunately falls on the passenger.
Alitalia is an awful airline, which would lie to anyone in order to avoid compensation.
It happened to me recently when they refused to pay out 400 EUR for a 5-hour delay under false pretenses.
So no surprises here. Hope they get sued big time.
If she signed a liability disclaimer and the item was not otherwise insured she has no one to blame but herself. Who is so careless with something that valuable.
So sad. I feel for her loss. This is an ongoing problem for musicians that are travelling abroad. Many of them are professionals, who sometimes play some very nice and valuable instruments. They have no other choice but to travel on planes to perform, or attend educational classes.
It has always been a struggle to bring instruments into the cabin, even something as small as a violin, or clarinet. Musicians have been fighting back. (Check out this funny video poking fun at Air Canada a few years ago: https://www.youtube.com/watch?v=oY-IkxbjdVA.)
But, the rules keep changing. The US Congress passed a law in 2012: FAA Modernization and Reform Act of 2012 section 41724 that allows passengers to bring their instruments on-board, providing there is room for them to be properly stowed and that’s where the loophole has been widened. The airlines are now telling the musicians that there is NO ROOM AVAILABLE. They’ve also been changing the dimensions of the carry-ons and most instruments do not comply, even if they are small and fit easily in the overhead compartment, or coat closet. The irony is that some airlines will allow you to bring a big, voluptuous, wedding dress on-board, hoop skirt and all, to be stowed in the closet, but not a violin, or viola.
I went to board a flight a couple of years ago with my violin and it was nearly snatched away from me at the boarding gate, even though the check-in counter said it would not be a problem bringing it on-board. I had to get tough and I probably scared the boarding officer a little as I bellowed out, “NO!” and pulled my violin case out of her hands. She let me go on with it in-hand, thank goodness. I now carry a copy of the FAA regulations in my case at all times, just in case I need to pull it out and show it to someone.
I can only speak for string instruments, but even a hard, “travel case” is not an assurance that your instrument will be safe. IMHO, asking a passenger to pay for an extra seat for a viola (which is actually just a little larger than a violin, not nearly as big as a cello,) is ridiculous. Her viola case was probably smaller than a typical, carry-on suitcase and they should have easily been able to accommodate her needs.
Now…all that being said…I won’t even go into the issues regarding ivory and exotic woods. Thanks for letting me speak up on this issue. 🙂
Figures that Alitalia caused the damage then blamed everyone else. Typical Italians.
Even so, she is ultimately responsible.
Did the passenger refuse to purchase the 2nd seat that was available or was she forced to put it in the cargo hold because there were no seats left?
“Herzog, the director of Israeli classical music group Phoenix, says she reluctantly handed it over only after she was unable to purchase a seat for the instrument, which is slightly smaller than a cello, because the flight was full.”
It appears she refused to pay the second seat.
She says she offered to purchase the second seat but was told the flight was full.
That’s what she said, but Alitalia argued they offered to sell her a second seat and she refused, insisting that she be allowed to take it onboard for free.
a few days ago received my 3 days Delayed Damaged Ketron Vega Oriental Keyboard on United Airline Flight 85 from TelAVIV to NEW JERSY ,
United refuse to pay any compensation even though i gate checked it to be hand handled only.
TLEAVIV worse airport ever, they treat everyone not Israeli as a criminal. that’s not security that’s discrimination and racism.
Super article here. Thanks to shear it