Help, I need a lawyer

[Z-point]

Hi guys,

Question; is there a US lawyer in this Z club. If so is he or she willing to help me out with some nasty things between me, the Marriott hotel and Airborne express (now DHL)?

The case is as follows: the Marriott did send me a parcel, hired the Airborne express but somehow the address was wrong. Parcel lost! Gone $120!!!!

Airborne says we did not fill in the wrong address.

Marriott says we wrote the right address.

And here I am, down on the other side of the ocean thinking what to do!!

In my opinion the Marriott is responsible. But what can I do????

the addres was Guus van der Bol

Holland Germany??? Airborne Amsterdam did not know what to do, waited 3-4 weeks and distroyed the parcel.

[MikeW]

Originally posted by Z-point

Airborne Amsterdam did not know what to do, waited 3-4 weeks and distroyed the parcel.

Are you sure the package has been destroyed?

Unfortunately at the going hourly rate of most lawyers in this country your lost $120 represents about 30 minutes of work. Even if you can find a volunteer something like this will require more work than that. Airborne will probably tell you that's what insurance is for. If anything the hotel was probably wrong but you'd need to get a copy of the shipping label to prove it.

[TomoHawk]

With UPS, they will return the parcel if it can't be delivered- at the sender's expense.

I wonder why Airborne "destroyed" it? Maybe was just damaged and they (somebody) don't want to admit it.

[Z-point]

Mike,

Thanks. If only I get some advice, for what to do!

You are a big help too; I’m going to ask the hotel, for a copy of the shipping label. I assume they keep this in record?

you know what it was in parcel? 6 old mikuni trompets!!!

[Z-point]

Originally posted by TomoHawk

With UPS, they will return the parcel if it can't be delivered- at the sender's expense.

I wonder why Airborne "destroyed" it? Maybe was just damaged and they (somebody) don't want to admit it.

Yeh, that’s the problem. Perhaps sender did not want to get it back and says destroy it!

On their tracking website you see when they took it, where it went and the WRONG address. You think they will fake this all?

[TomoHawk]

People in general are:

1. lazy

2. dishonest

3. clumsy

In that order.

We learn this in Computer Repair and psychology classes, in College.

You would be surprised at some of the crazy things they will do. We call it POLITICS in the U.S.

[EScanlon]

Guus:

I'm the International Sales Manager for my company. As a result, I have sent hundreds of packages overseas, with the ensuing myriad of problems.

If the SENDER did not annotate disposition instructions on the waybill, in the possibility of non-delivery, then it is implicit in the contract signed at the time that the package was entrusted to the carrier, to be left up to the discretion of the carrier.

Disposition instructions typically involve returning the package at sender's expense, notify and re-address at sender's expense, or dispose and destroy. This is what Marriott should have filled out.

If you were a guest at their hotel, and you had forgotten something, then they would either charge you for the shipment of the item OR assume the cost. If they assumed the cost, then they are also assuming the liability for that item.

When they shipped it, they contracted for transport and delivery and by the shipper's regulations, would have had to provide an address AND a point of contact telephone number. If the address was wrong, then the telephone number would have been contacted to correct the error.

If both the address and phone number were in error, then the package would be disposed of per the disposition instructions. Normally however, the shipper will contact the sender and try to rectify the address.

In terms of liability, if the shipper performed the above in accordance with the required instructions, then the only recourse is to address it via the insurance company. Now, if Marriott failed to provide the correc information on the initial shipment, then it is THEIR insurance that must pay for the item.

I've had many a package get "lost" and disposed of. So, what I'm relating to you is based on prior experience and not because I am a lawyer, which I am not.

Did Marriott send you a copy of the waybill? If so, did you follow up with it? If they did not, why not?

Hope this helps.

Enrique

[Z-point]

Thanks EScanlon for the support.

Here is the first part of the story.

I bought the trumpets in Texas through eBay. The following week a friend travelled to the Marriott Orlando, knowing there was a parcel coming.

She returned without the parcel. I would assume somebody had to attend her of this parcel at her name!!!

So I mailed the Marriott, “We have found your package; it was being held in the Business Center for pickup but was never retrieved. What would you like us to do with it?”.

I said;” This great news! It makes my Christmas right!

She probably did not know where or how the delivery worked, foreigners you knowJ.

Could you send it to my home in Holland?

My address:

Guus van der Bol

Etc, etc….Holland

If there’s any cost I like to hear it.”

The Marriott answered: “Your parcel was mailed out 12/19/03, but I don't know how long it will take to reach you.”

Not knowing what kind of shipping she mend I waited, Christmas went by, New Year went by and by January 19th I mailed Marriott again. If she could deliver some kind of info what kind of shipping they used; ground, air or what? Because the parcel wasn’t delivered yet.

Responds of Marriott: “Sir, your package has been attempted to be delivered twice unsuccessfully. You need to call 31 20 655 8080 and reference Airborne Express #3754840784 and arrange for delivery.”

How can they attempt to be delivered twice if the address is not right?? I did not see anybody or found anything?

Man this stinks but I can’t lay my finger on it. I mailed airborne US, they keep saying we did not do any thing wrong and so says the Marriott. I will send the Marriott a mail with a responsibility claim of $120.

What you said, they had a contract not I. Let their insurance company pay the bill.