New Kennedy Hassle for MIL and FIL

[Bruce]

Found MIL and FIL in the lost luggage line at Kennedy yesterday.  Flight 30 / 31 Delta direct (I forget which number is here and which one back) was on time, no problem, but it can be something else that trips you up.  The box holding three paintings they brought for me was missing.  They speak five words of English and the Delta people only speak English.  Luckily, I was there to mediate.  I had the Delta guy go back inside to look at where the oversize baggage may be.  Once you leave the receiving area you are not allowed back in it seems with no exceptions.  So, the guy comes back and my hand crafted custom art transport box was pried open on one end ie. completely destroyed.  What was left of the top of the shipping container they took screws and screwed the top of the box on.  They naturally put screws in other places right through the precious artwork.  Additionally they put the customary green US customs tape everywhere.  What US customs did was purely malicious.  Remember, all of the paintings go through a special area at the Moscow airport, are inspected, carefully rewraped and put back into the shipping container with certificates of inspection given to the passenger.  It seems on this flight any oversize box, bag or container was held by US customs and "inspected."  All the Russian passengers on this flight with those circumstances were on the same boat.  There was a sailing competition.  A handicapped Russian sailor had his sails ripped.  What they did to my paintings was par for the course it seemed.

Naturally, my MIL and FIL have a complaint and want compensation.  So, Delta says its TSA and TSA says its US Customs who caused the damage.  I know it is US Customs.  However, nobody from US Customs will talk to me.  A guy from TSA came out and said its not our department.  Delta said its not our department and we are sorry US Customs will not come out to talk with you but you are SOL.  I had to wait on the lost luggage line three times while MIL and FIL waited an extra three hours.  Every Delta representative I spoke with went back to the luggage area to "speak to US Customs" only to never return.  This was two of them.  I spoke with Delta and eventually they sent someone who "processed our case" and gave me a claim form to send to Atlanta. 

Luckily, only one of the paintings has multiple screw holes through it.  It seems the US Customs only wanted to pry off the top of the container, obviously saw they destroyed the box and there was only paintings inside and the clowns working figured they would just screw the box together somehow.  What bright guy figured they could just randomly screw holes in a wooden shipping box with three tightly packed paintings inside just to secure the top of the box they had shattered when they pried it open with a crowbar or something of the likes is beyond me.  Oh, yeah, they expected me to just get this home with just US Customs tape strewn around it, since the top was never screwed securely.  They are our govenment and they clearly were here to help..........................

These were the paintings painted by the Russian master artist at his dacha that we bought and hand carried through the forest to the electric train back to Tver.  The damaged painting naturally was the biggest and our favorite of the three.  My MIL spent so much time getting the paperwork and clearance to allow the Russian government to transport the paintings with them on the flight.  It is all just a shame.  Those responsible for this at US Customs can go to h$ll.   Any advice for how I should proceed with my claim???

[Jet]

No advice, but I feel really bad for you guys 

[William3rd]

first-get an appraisal. And see if there isnt a newspaper that would like to pick up the story on how well we are protected. . . . . .

[Rvrwind]

That would e my advice as well Bruce!! Newspaper, TV, Radio, whatever it takes.
Canadian customs is just as bad & they need to be held responsible!!!
Hell they call down Russia all the time about their Gestapo practises & here is a perfect example of how the US Customs is more Gestapo than Russian customs ever thought of being!!
Kick their collective a$$es!!!

[wxman]

In addition to the media, take them to your local congressional office (both senators and congressman) and show it to their reps. Each office rep will fire off a letter to the head of US customs on your Rep's letter head with his/her signature. By law the head of Customs has 30 days to respond to each letter. Of course he is going to send themt down right to the manager of that customs office that did the damage. He/she will have to give a reason for the damage, and the complaint will now be in his permanent file and probably will get an arse chewing for embarrassing the head of his agency. Granted, it won't fix your paintings, but it may prevent future occurrences. General complaints don't get far, but letters from congress go into the permanent file, and too many of them are not good for career advancement or continuance. It's hard to fire bad non management government workers, but not so hard with a bad manager, and the local manager knows it. They hate seeing those letters from congress. Not many people go that route, but it does have an impact in preventing future occurrences. 

[Muj]

Bruce,
Very sorry for your experience,  I too encounter difficulties on Delta in JFK.
Last year I flew Delta from Seattle to Kiev.  I received extra nights in NYC coming and going and lost luggage for half my visit in Odessa.  Plane change in JFK   . This year we flew Air France, through, Paris, no problems.  Only those uncomfortable Airbuses, horrible seats, to Paris. We like the newer and older Boeings everytime .
I may fly Delta again but will only buy a ticket with more than 4 hours layover in JFK.

[Muj]

Bruce,

Maybe seek compensation from the airline first as they are the paid carrier.  Also the goverment may prove a more difficult payer.  IMHO

[acrzybear]

Damage to personal property or commercial shipments, tort claims
 
  Answer from CBP website;

  Unfortunately, goods are sometimes damaged in the course of an inspection. Sometimes it is necessary to damage an item in order to ascertain if it is being used to smuggle goods or to determine if it meets various safety or other requirements for imported goods. The Customs and Border Protection pays for damage to property when the damage was caused by the wrongful or negligent act of any employee while acting within the scope of employment. This provision is outlined in the Small Claims Act (SCA). We can provide you with form, SF 95, "Claim for Damage, Injury or Death," for your use in requesting compensation for damages. Please forward the completed form, along with documentation to support the claim of a wrongful or negligent act on the part of a Customs and Border Protection employee to (port director name, address, and phone number).


Here's the link to the form;

http://contacts.gsa.gov/webforms.nsf/0/635588D718E338F385256B1B007FBE64/$file/sf95.pdf

 

[jb]

Good stuff, bear.

[Vaughn]

Bruce, sorry about the situation. I would've been wild with anger for sure.
I DO want to mention how lucky you are in getting both your in-laws to
visit together, however - it's apparently a difficult visa to procure.

Bear beat me to the punch with the link. SF 95 all the way....

Being a lover of art and antiques, I'd like to see you be awarded compensation for
full professional restoration, rather than market value.

Enjoy your time together with Mama and Papa,

Vaughn

[William3rd]

The airline has no responsibility-It is clear who damaged the items. The airline had already done its job of delivering the goods to the port.

Of course it is really clear that the objects must have been unsafe. . . . .

Get your appraisals and file your claim

[wxman]

I doubt the SF95 will get you far, but I still would submit the claim. I'm sure in a few months they will come to look at the property, and claim the damage was done in the line of duty. Get your congressional delegation involved too. TSA does not have a lot of friends in congress right now. If you are going to get compensation, this may be the time.

[Bruce]

Thanks all for the advice.  Bear, thanks for the form.  This board has tremendous collective wisdom.  By the way, for all it is worth, MIL at least had her visa stamped for six months, so I do not need to file for an extension and she can babysit until my wife is finished with her semester - so besides a good flight, something else went right.  The US government just has such misplaced priorities when it comes to package inspections and such shoddy untrained people doing the inspections.  I am amazed that another 9/11 attack has not occurred.  It is a joke to go after Russian citizens.  These are proud people who are not comming here to blow up this country.  They are also the people we need to go back to their country to say Americans are not bad people etc.