Damaged suitcase after first use - any hope???

[hellswelshy]

Anybody have any wisdom or similar experiences? I bought a hard shell suitcase from TK Maxx for £70 2 weeks ago - always had soft ones before. Just flew back from Lisbon with Easyjet, to discover at baggage reclaim it's damaged - large cracks at the bottom and one of the wheels broken. Due to a journey from hell we left the airport, just amazed how the day had been a gift that kept giving! Now I'm reading up on Easyjet website & it turns out I should have gone straight to the Easyjet desk there and then and because I didn't I've probably no chance of any compensation. I'm so gutted as that's £70 down the drain - any chance I can still claim with Easyjet or even get a refund from TK Maxx for an item that's not even survived one holiday! 😣 Be kind, I've had a hell of a day.

TK Max won't refund you for the airline damage.

You need to take it up with easyJet.

It’s definitely EasyJet, not TK Maxx, you need to complain to

I've had luggage damaged in transit before and it's been replaced there and then at the airport (and to be honest, with a much better suitcase than I'd been using).

Yeah I guess you're right re TK Maxx but then feel annoyed that the suitcase clearly hasn't stood up to one journey on the other hand? Obviously I don't know how the damage was caused but is this just hard suitcases generally- do they all get damaged being thrown around by baggage handlers?

Travel insurance claim or Easyjet
Both pretty simple

Okay so probably no chance as I didn't address this at the airport? 😏

I presume you have to report it there and then or you could just take a picture of any old suitcase and claim it was damaged in transit.

I think it’ll be difficult now you’ve left the airport. EasyJet will argue you dropped it on your way home. I had a new samsonite ruined by United. I refused to leave Orlando airport until they refunded me. They even tried to offer some crappy old thing in lost property as a replacement. Eventually I got a full refund by showing them my receipt and the case online. But it wasn’t easy.

I would try and argue the not fit for purpose with TKMaxx. How successful you will be I have no idea but a suitcase that can't do on a plane without damage may fit the criteria.

Consumer Rights Act 2015- 30 day right to reject.

I'd still have a go at TK Maxx, because people buy suitcases to take on holiday, including by air, and it should be capable to withstand that. The key words to use are "not fit for purpose".

Do you have an opportunity to leave a product review on a website?

Thanks for all the replies, appreciated. I may still try Easyjet then first off, I've taken pictures in the airport carpark so it's worth a go. I didn't see any Easyjet staff about but then I was on my last legs at this point! I do have travel insurance but have a £50 excess so I'm not sure it's worth it. So annoying, it was a very lovely case too!

Here's the damage...

Looking for a brand website now - it's Geographical Norway...not sure if they have one, sigh.

The same happened to me with a similar case from T k Maxx and I took it back with the receipt.

At first they said it was down to the airline but after a small amount of discussion about the fit for purpose and use of a suitcase they did actually refund. I was surprised to be honest, so definitely worth a try. I then bought a soft shell one !

@hellswelshy

You always need to take it up with the airline before leaving the airport.

You could try now but I am not sure they can or will help because they can now say that you cannot prove it was done by them as you are contacting them after you left the premises.

The retailer is not to blame and would have no reason to refund you.

I once worked in a retail outlet that sold suitcases and the amount of people who came in with damaged suitcases and expected us to change them when the airline had damaged them, needless to say they were disappointed.

That has been dropped on the corner - probably from a great height.

@stopringingme
"I once worked in a retail outlet that sold suitcases and the amount of people who came in with damaged suitcases and expected us to change them when the airline had damaged them, needless to say they were disappointed."

Well the Sale of Goods Act has only been around for 43 years, and it says:
"14 (2) Where the seller sells goods in the course of a business, there is an implied term that the goods supplied under the contract are of satisfactory quality.

(2A)For the purposes of this Act, goods are of satisfactory quality if they meet the standard that a reasonable person would regard as satisfactory, taking account of any description of the goods, the price (if relevant) and all the other relevant circumstances.

(2B)For the purposes of this Act, the quality of goods includes their state and condition and the following (among others) are in appropriate cases aspects of the quality of goods—

(a)fitness for all the purposes for which goods of the kind in question are commonly supplied,
(b)appearance and finish,
(c)freedom from minor defects,
(d)safety, and
(e)durability."

So if your outlet wasn't in the small claims court for every damaged suitcase they refused to refund, then they've been very lucky.

So I think the OP should expect a refund from TK Maxx, and if refused should go so the small claims court.

I'd still have a go at TK Maxx, because people buy suitcases to take on holiday, including by air, and it should be capable to withstand that. The key words to use are "not fit for purpose".

Considering the way baggage handlers seemingly throw around luggage I'd be amazed if any material could withstand their "handling". I've had soft suitcases ruined by them too. It's never occurred to me that it was the case at fault.

So I think the OP should expect a refund from TK Maxx, and if refused should go so the small claims court.

Seriously? It's not TK Maxx's fault that baggage handlers literally throw around luggage.

There's a limit to what cases can be expected to take. I wish that airports would do more about poor and careless handling though but they're probably putting insane pressure on the handlers to load and unload ASAP.

Any chance that you took a photo of the damage at the airport? This will be automatically time and date stamped, and if you have location info turned on this will also be available in the metadata for the image.

Thanks for the replies all. Yes the photos were taken at the airport parking zone. Not sure if that's going to cut it but I think I will try Easyjet first, you never know..

Absolutely - it may not be the case in TK Maxx returns dept., but once you get to court the standard is "the standard that a reasonable person would regard as satisfactory".

So you have to ask whether a reasonable person would regard it as satisfactory that it broke on the first flight. Because the opposite argument is that a reasonable person would expect it to break on its first use.