Airline lost/delayed my luggage and basically said "Tough!"?

Question

I recently came back on a trip with Aloha Airlines from Honolulu to Oakland. I had a cooler full of perishable food. The airline lost my bag, recovered it and returned it to me 1 day later. Problem is that all the food is spoiled and I had to toss everything. They said their contract of carriage doesn't compensate for spoilage of perishables. Its not my fault that this happened. I told them it was perishable when i checked in the bags. Is there are recourse for me, legally or otherwise? I need some ammunition to contest this.

Answer 1

Nope, you're out of luck. This is from their site:

"The carrier assumes no liability for fragile valuables or perishable articles. In no case shall the carrier's liability exceed the actual loss suffered by the passenger. All claims are subject to proof of amount of loss. Aloha will not limit for loss, damage, or delay concerning wheelchairs or other mobility aids.

B) Exclusions From Liability - Aloha is not liable for:

1) Spoilage for perishable items. "

You assumed the risk when you checked that bag. But their policies, which in theory you should have read before checking, state that they won't be responsible for perishables.

Answer 2

The airline isn't responsible for perishable goods. It says it on number two if you click the link.

Answer 3

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