B-147734, MAY 3, 1962

B-147734, MAY 3, 1962

TO BRITISH OVERSEAS AIRWAYS CORPORATION:

WE AGAIN REFER TO YOUR LETTER OF DECEMBER 1, 1961, FILE XUL.F. 1267 S 820, IN WHICH IN EFFECT YOU REQUEST REVIEW OF OUR SETTLEMENT CERTIFICATE DATED NOVEMBER 1, 1961 (OUR CLAIM NO. TK-694531). THE SETTLEMENT CERTIFICATE DISALLOWED YOUR CLAIM, STATED ON SUPPLEMENTAL BILL DATED JANUARY 28, 1960, FOR $234.75, THE ADDITIONAL CHARGES ALLEGEDLY DUE FOR TRANSPORTATION SERVICES FURNISHED IN EXCHANGE FOR UNITED STATES OF AMERICA TRANSPORTATION REQUEST NO. MO,882,025. IN YOUR LETTER YOU HAVE REDUCED THE AMOUNT CLAIMED TO $209.36.

THE TRANSPORTATION REQUEST WAS ISSUED AT FORT HAMILTON, NEW YORK, ON AUGUST 8, 1958, FOR THE USE OF BRIGADIER GENERAL A. A. AKBAR, A CITIZEN OF PAKISTAN, AND AUTHORIZED THE TRANSPORTATION OF NOT OVER 84 POUNDS (28.102 KILOS) OF EXCESS BAGGAGE FROM NEW YORK TO KARACHI, PAKISTAN. AT MONTREAL, CANADA, ON AUGUST 12, 1958, THE TRANSPORTATION REQUEST WAS EXCHANGED BY THE TRAVELER FOR EXCESS BAGGAGE COUPON, FORM 616, NO. 347234, WHICH COVERED THE CARRIAGE OF 13 KILOS OF EXCESS BAGGAGE FROM MONTREAL TO LONDON, ENGLAND, AND FOR EXCHANGE ORDER NO. 0619-434401, VALUED AT $234.75, WHICH WAS ENDORSED TO SHOW THAT IT WAS VALID FOR EXCESS BAGGAGE ONLY. BY USING THIS EXCHANGE ORDER AND SUCCESSIVE EXCHANGE ORDERS, ISSUED FOR PROGRESSIVELY LOWER AMOUNTS AT VARIOUS STOPPING PLACES EN ROUTE TO KARACHI, THE TRAVELER OBTAINED THE TRANSPORTATION OF VARIOUS WEIGHTS OF EXCESS BAGGAGE BETWEEN VARIOUS STOPPING PLACES. EACH EXCHANGE ORDER WAS ENDORSED TO SHOW THAT IT WAS VALID FOR THE PROCUREMENT OF EXCESS BAGGAGE ONLY.

YOU ORIGINALLY COLLECTED ON YOUR BILL NO. 666 CHARGES OF $122.07 FOR THE TRANSPORTATION OF 13 KILOS OF EXCESS BAGGAGE FROM MONTREAL TO LONDON. YOU THEN PRESENTED ON YOUR SUPPLEMENTAL BILL DATED JANUARY 28, 1960, YOUR CLAIM FOR $234.75, REPRESENTING THE PROCEEDS EXCHANGE ORDER NO. 0619- 434401. WE DISALLOWED YOUR CLAIM BECAUSE IT WAS NOT SUPPORTED BY COPIES OF EXCESS BAGGAGE COUPONS OR OTHER DOCUMENTARY EVIDENCE SHOWING THE CARRIAGE OF EXCESS BAGGAGE BETWEEN THE VARIOUS POINTS INVOLVED. HOWEVER, WITH YOUR DECEMBER 1 LETTER, YOU ENCLOSED EXCESS BAGGAGE COUPONS, EXCHANGE ORDERS AND LETTERS WHICH ESTABLISH YOUR ENTITLEMENT TO PAYMENT OF CHARGES OF $83.36 FOR THE CARRIAGE OF THE INDICATED NUMBER OF KILOS OF EXCESS BAGGAGE BETWEEN THESE POINTS:

CHART

FLIGHT EXCESS APPLICABLE

SECTOR WEIGHT CHARGES

(IN KILOS)

LONDON - BRUSSELS 26 $ 8.19

BRUSSELS - GENEVA 26 10.40

GENEVA - ZURICH 25 2.87

ZURICH - MUNICH 23 5.30

MUNICH - VENICE 25 9.25

VENICE - ROME NOT SPECIFIED 5.25

ROME - BEIRUT 20 42.10

TOTAL $ 83.36

THE TRANSPORTATION CHARGES OF $126, CLAIMED FOR THE PASSENGER TRANSPORTATION SERVICES SAID TO HAVE BEEN FURNISHED THE TRAVELER FROM DAMASCUS, SYRIA, TO MEDINA, SAUDI ARABIA, AND FROM JEDDA, SAUDI ARABIA, TO DAMASCUS, SYRIA, PAYMENT FOR WHICH APPARENTLY WAS DRAWN AGAINST PAN AMERICAN WORLD AIRWAYS SYSTEM EXCHANGE ORDER NO. 949003, ISSUED AT ROME, ITALY, VALUED AT $151.38, AND ENDORSED "GOOD FOR EXCESS BAGGAGE," OR AGAINST SUCCESSIVELY ISSUED EXCHANGE ORDERS, WHICH ARE NOT WITH THE RECORD, CANNOT BE ALLOWED BECAUSE THE TRANSPORTATION REQUEST DID NOT AUTHORIZE THE PROCUREMENT OF PASSENGER TRANSPORTATION; IT AUTHORIZED ONLY THE PROCUREMENT OF THE TRANSPORTATION OF NOT OVER 84 POUNDS OF EXCESS BAGGAGE. CONDITION 1 ON THE BACK OF THE REQUEST PROVIDES THAT:

"THE UNITED STATES GOVERNMENT WILL NOT BE RESPONSIBLE FOR ANY CHARGES IN EXCESS OF THOSE APPLICABLE FOR TRANSPORTATION AND/OR ACCOMMODATIONS OF THE TYPE, CLASS OR CHARACTER SPECIFIED IN THIS REQUEST. ACCORDINGLY, IF TRANSPORTATION AND/OR ACCOMMODATIONS COSTING MORE THAN THOSE AUTHORIZED ON THE FACE OF THIS REQUEST ARE FURNISHED, THE ADDITIONAL COST MUST BE PAID BY THE TRAVELER AT THE TIME TRANSPORTATION AND/OR ACCOMMODATIONS ARE OBTAINED AND NOT BILLED AGAINST THE GOVERNMENT. WHEN CIRCUMSTANCES REQUIRE THE ISSUANCE OF TRANSPORTATION AND/OR ACCOMMODATIONS OF A DIFFERENT TYPE OR LESSER VALUE THAN SPECIFIED IN THIS REQUEST, THE TRAVELER SHOULD RECORD IN THE SPACE ABOVE ACTUAL SERVICES FURNISHED, THE REASON FOR THE CHANGE AND SIGN THE STATEMENT.'

THE BURDEN IS ON CLAIMANTS TO FURNISH EVIDENCE CLEARLY AND SATISFACTORILY ESTABLISHING THEIR CLAIMS AND THE LEGAL LIABILITY OF THE UNITED STATES FOR THE PAYMENT OF THOSE CLAIMS. 31 COMP. GEN. 340 (1952). THUS, IF IT WERE ESTABLISHED THAT THESE PASSENGER FLIGHTS WERE PROPERLY AUTHORIZED BY THE UNITED STATES GOVERNMENT, AS BY ANOTHER TRANSPORTATION REQUEST, WE WOULD CONSIDER FOR POSSIBLE ALLOWANCE A CLAIM FOR THE AMOUNTS ASSESSABLE FOR THAT TRANSPORTATION.

ON THE BASIS OF THE PRESENT RECORD IN THIS CLAIM, WE HAVE AUTHORIZED OUR TRANSPORTATION DIVISION TO REVISE THE SETTLEMENT OF NOVEMBER 1, 1961, AND TO ALLOW YOU EXCESS BAGGAGE CHARGES OF $83.36. NOTICE OF THE REVISED SETTLEMENT SHOULD REACH YOU IN DUE COURSE.