I have varying experiences with LH, ranging from professional to outstanding. I have never permanently lost luggage, and compensation for the delay was sufficient, either 50-100 $/€ on the spot, or bills paid fully within reason for items of first necessity (200-300 €).

The problem occurs at stations where LH is represented by agents that may have an incentive to not pay anything, and where customer satisfaction does nothing for them.

I recently travelled from FRA to MAD in C. At check-in I was informed that the flight was overbooked, and I had been downgraded. They would try to do "something" within the next 2h before takeoff, otherwise they would pay me compensation. I checked 3 bags and got LH tags.

When I arrived at the boarding gate I was informed that they had been unable to get me into C, but that I could fly on Spanair in C 30 min later. I got the new boarding card, but keep the original luggage tags. I listened to their conversation with the luggage handlers reloading the bags and was assured that there was sufficient time for the bags to change planes.

When no bags arrived at Madrid I filed a report and got a report number from Newco, an independent company handling Spanair as well as Lufthansa. Requests for items of first necessity were refused since my residence was Madrid. I was informed that one bag had been located and would arrive at 20h in Madrid (next LH flight). They had a delivery that evening, but only to hotels, not private residences. If I needed the bags urgently I could get them myself at the airport at about 22h.

Two of the three bags arrived 30h after I had arrived in Madrid, the third bag is still missing 7 days later.

Spanair has a webpage where one can theoretically trace lost luggage. On the few occasions where this works or recognises my tracing number it shows "tracing continues, check back later". Calling a 902 number that entails charges leaves you in the musical loop for 15-20min before the connection fails. It cost me between 1,5-2h and significant € to eventually speak to some dyslexic Bolivian call center agent in order to change my delivery adress. Any question I had regarding compensation, delivery time, etc. was answered with the same "we will inform you when we have further information". When I despaired and asked her what the weather was like in Santa Cruz I got the same answer.

Yesterday my office managed to speak to someone at Spanair in Madrid, and we were informed that compensation is limited to € 100 for items of first necessity only if the arrival airport is not the residence of the traveller. Compensation requests would only be entertained against all the usual documentation plus a copy of the residence permit/residential proof.

Since the bags were checked in FRA (no connections) and 2 of the three bags have arrived, I fear that it really will not show up anymore. Moreover, the next 2 weeks I am travelling, partially by car through the Austrian Alps, so even if it shows up it will take a loooong time to find its way into my possession. It contains - other than clothes - electrical cables, navigation system, which are items I can do without for a short period but not for three weeks or more.

The energy and cost to pursue this through Spanair is becoming too difficult (which clearly is their intention). Do I have a case to pursue this on LH, given that they gave me bag tags for the final leg, and rebooking me on Spanair was their fault, not mine?

EU regulations are quite strict for IDB, delays, etc. If a there was a clear rule to compensate passengers with 30€ cash per lost bag, plus a set rule (100€ every three days?), there would be a strong incentive to minimise delays/loss. Moreover, since most functions are subcontracted these days, airlines could reclaim these costs from whowever was responsible (airport/handling agent).

The lost/delayed baggage rules (and the lack of clarity of these) are clearly drafted in favour of the airlines, and the oligopolistic nature of the industry opens up to all type of abuse by the airlines.

I am no lawyer, but reading through the conditions of carriage I understand that the carrier is responsible for transporting the pax AND his baggage from A to B. The Montreal Convention only deals with loss, but not with delay, so normal contract law should apply in most countries. Generally the party that fails to fulfill part of the contract is liable for damages. In most other situations this involves putting the injured party into a position had the contract been fulfilled.

There was thread on the jurisdiction in Germany some time ago, but I can΄t find it.