BA lost my wheelchair. What recompense is due?
Mar 16, 2018, 6:04 pm
#1
Original Poster
Join Date: Nov 2015
Programs: BA Gold
Posts: 130
BA lost my wheelchair. What recompense is due?
I flew back on BA286 on Thursday evening, used my wheelchair up to the plane door, at which point it was taken, supposedly to be returned to me at the door when we landed at LHR. When we landed, the wheelchair was nowhere to be found at the door, and the BA rep there said it would be on the luggage carousel. Of course it then didn't appear on the carousel, and so the Heathrow guy that was assisting me went to speak to the BA desk in the reclaim area. After 1.5hrs of waiting, BA admitted then didn't have a clue where it was, and suggested that I continue my journey without it - which I reluctantly did.
I got a message from BA late this evening to say it had been found, and would be shipped to my UK home address, where I’ll be on Sunday. However, I will still be without it for 48hrs, including for a wedding on Saturday (the reason for flying back in the first place). The sheet they give you at the baggage reclaim desk reg compensation seems to suggest that only after 26 days of being without luggage will they give compensation. But this isn’t just a bag of clothes, it’s my wheelchair, and being without it significantly reduces my mobility.
Hopefully this is an unusual situation, but what compensation should I pursue from BA - and how best to do so?
Thanks in advance for your collective help
I got a message from BA late this evening to say it had been found, and would be shipped to my UK home address, where I’ll be on Sunday. However, I will still be without it for 48hrs, including for a wedding on Saturday (the reason for flying back in the first place). The sheet they give you at the baggage reclaim desk reg compensation seems to suggest that only after 26 days of being without luggage will they give compensation. But this isn’t just a bag of clothes, it’s my wheelchair, and being without it significantly reduces my mobility.
Hopefully this is an unusual situation, but what compensation should I pursue from BA - and how best to do so?
Thanks in advance for your collective help
Mar 16, 2018, 6:29 pm
#2
Moderator, Iberia Airlines, Airport Lounges, and Ambassador, British Airways Executive Club
Join Date: Feb 2010
Programs: BA Lifetime Gold; Flying Blue Life Platinum; LH Sen.; Hilton Diamond; Kemal Kebabs Prized Customer
Posts: 63,735
You have expressed your complaint in fairly modest terms - I imagine this was actually a big inconvenience, and I hope you are reunited with your wheelchair as soon as is possible.
Broadly speaking there is no compensation, as narrowily defined, for delayed or even lost luggage. On the other hand BA - along with all airlines - will meet the cost of replacing delayed or lost items, subject to a limit of approx Ł1200, the precise amount varies daily. So if you had additional costs as a result of not having the wheelchair - things you had to buy in the absence of the wheelchair - then BA would pay for that, or indeed the replacement cost if the wheelchair was never relocated. Your insurance cover may give you a per diem component too, possibly.
However a wheelchair is not like some easily replaced clothing or a razor, it's on a very different level. So I would complain about that, and outline the personal inconvenience caused to you and those around you. I don't think this is a common problem, BA staff tend to be very empathetic to the needs of those with mobility issues, so I doubt this is a systemic issue (which it certainly would be for suitcases). I can recall past threads where kids buggies and car chairs not making the flight, but not wheelchairs. Nevertheless when this happens it should be highlighted.
Broadly speaking there is no compensation, as narrowily defined, for delayed or even lost luggage. On the other hand BA - along with all airlines - will meet the cost of replacing delayed or lost items, subject to a limit of approx Ł1200, the precise amount varies daily. So if you had additional costs as a result of not having the wheelchair - things you had to buy in the absence of the wheelchair - then BA would pay for that, or indeed the replacement cost if the wheelchair was never relocated. Your insurance cover may give you a per diem component too, possibly.
However a wheelchair is not like some easily replaced clothing or a razor, it's on a very different level. So I would complain about that, and outline the personal inconvenience caused to you and those around you. I don't think this is a common problem, BA staff tend to be very empathetic to the needs of those with mobility issues, so I doubt this is a systemic issue (which it certainly would be for suitcases). I can recall past threads where kids buggies and car chairs not making the flight, but not wheelchairs. Nevertheless when this happens it should be highlighted.
Mar 16, 2018, 7:20 pm
#3
Join Date: Mar 2005
Location: Sunny Singapore
Programs: TG*G, SQ, QF
Posts: 910
Not sure how far you are from LHR but this might provide a useful option...
https://www.london-wheelchair-rental.com/
https://www.london-wheelchair-rental.com/
Mar 16, 2018, 9:33 pm
#4
Join Date: May 2004
Posts: 2,650
From a strict policy issue, it's perhaps worth noting that BA's expense reimbursement policy (as well as that of many insurance) often excludes cover for delayed luggage when you are returning home. The presumption (often fallacious for those of us who aren't in the habit of collecting duplicates of everything we own) is that you'll have everything you need at home anyway, in contrast to during your journey when you obviously have nothing apart from your luggage.
As both the OP and CWS have pointed out, a wheelchair is quite different from a bag of clothes, so hopefully that would be taken into account and a reasonable claim honoured.
As both the OP and CWS have pointed out, a wheelchair is quite different from a bag of clothes, so hopefully that would be taken into account and a reasonable claim honoured.
Mar 16, 2018, 9:41 pm
#5
A FlyerTalk Posting Legend
Join Date: Jan 2002
Posts: 44,550
From a strict policy issue, it's perhaps worth noting that BA's expense reimbursement policy (as well as that of many insurance) often excludes cover for delayed luggage when you are returning home. The presumption (often fallacious for those of us who aren't in the habit of collecting duplicates of everything we own) is that you'll have everything you need at home anyway, in contrast to during your journey when you obviously have nothing apart from your luggage.
As both the OP and CWS have pointed out, a wheelchair is quite different from a bag of clothes, so hopefully that would be taken into account and a reasonable claim honoured.
As both the OP and CWS have pointed out, a wheelchair is quite different from a bag of clothes, so hopefully that would be taken into account and a reasonable claim honoured.
Insurance companies can have any policies that they like in regards to what a policy covers , so indeed they may discount them
Mar 16, 2018, 9:58 pm
#6
Join Date: May 2004
Posts: 2,650
It's quite possible I'm confusing insurance policy with common carrier policy. In my experience most insurance related to travel oversimplifies in treating basically every possible scenario as a simple roundtrip from ones home to another destination for some duration.
I had thought the liability of XDR1131 was only once luggage was considered "lost" as opposed to "delayed" but I might be misreading things or have had airlines try to wiggle out of their liability whilst locating and delivering luggage.
Finally, it does seem there has been some specific EU consideration given to mobility equipment and the disadvantages a reduced mobility passenger may suffer due to a delay in equipment relative to other passengers, but I don't know the specifics.
I had thought the liability of XDR1131 was only once luggage was considered "lost" as opposed to "delayed" but I might be misreading things or have had airlines try to wiggle out of their liability whilst locating and delivering luggage.
Finally, it does seem there has been some specific EU consideration given to mobility equipment and the disadvantages a reduced mobility passenger may suffer due to a delay in equipment relative to other passengers, but I don't know the specifics.
Mar 17, 2018, 1:23 am
#7
Join Date: Aug 2004
Location: Brighton England
Programs: AA Plat, various hotels
Posts: 1,220
If it helps, I can relate my experience from a few years ago.
BA broke my dads wheelchair on the outbound flight to Tampa, The AA handling agent at Tampa arranged a replacement wheelchair for the duration of the trip.
On return to the UK we had a new wheelchair made, BA paid for this, I don't know what the cost was as the Wheelchair specialist handled the claim for us.
If you need to hire a wheelchair to get on with your life, I would be shocked if BA wouldn't pay for it, the negative publicity would be huge.
BA broke my dads wheelchair on the outbound flight to Tampa, The AA handling agent at Tampa arranged a replacement wheelchair for the duration of the trip.
On return to the UK we had a new wheelchair made, BA paid for this, I don't know what the cost was as the Wheelchair specialist handled the claim for us.
If you need to hire a wheelchair to get on with your life, I would be shocked if BA wouldn't pay for it, the negative publicity would be huge.
Mar 17, 2018, 4:12 am
#8
Ambassador, British Airways Executive Club, easyJet and Ryanair
Join Date: Sep 2011
Location: UK/Las Vegas
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Posts: 15,914
These sort of stories infuriate me. EU law is very clear and unambiguous. Heathrow Airport should have organised a temporary replacement wheelchair for you at their expense until such time that yours is returned to you. If an airline loses your mobility equipment it is legally responsible to replace it. This is a very poor show by Heathrow Airport who should well know what their responsibilities are.
The relevant law is EC1107/2006 (concerning the rights of disabled persons and persons with reduced mobility when travelling by air). Please note in particular:
ANNEX I - Assistance under the responsibility of the managing bodies of airports:
Temporary replacement of damaged or lost mobility equipment, albeit not necessarily on a like‐for‐like basis.
and
Article 12 - Compensation for lost or damaged wheelchairs, other mobility equipment and assistive devices
Where wheelchairs or other mobility equipment or assistive devices are lost or damaged whilst being handled at the airport or transported on board aircraft, the passenger to whom the equipment belongs shall be compensated, in accordance with rules of international, Community and national law.
The relevant law is EC1107/2006 (concerning the rights of disabled persons and persons with reduced mobility when travelling by air). Please note in particular:
ANNEX I - Assistance under the responsibility of the managing bodies of airports:
Temporary replacement of damaged or lost mobility equipment, albeit not necessarily on a like‐for‐like basis.
and
Article 12 - Compensation for lost or damaged wheelchairs, other mobility equipment and assistive devices
Where wheelchairs or other mobility equipment or assistive devices are lost or damaged whilst being handled at the airport or transported on board aircraft, the passenger to whom the equipment belongs shall be compensated, in accordance with rules of international, Community and national law.
Mar 17, 2018, 5:08 am
#9
A FlyerTalk Posting Legend
Join Date: Jan 2002
Posts: 44,550
It's quite possible I'm confusing insurance policy with common carrier policy. In my experience most insurance related to travel oversimplifies in treating basically every possible scenario as a simple roundtrip from ones home to another destination for some duration.
I had thought the liability of XDR1131 was only once luggage was considered "lost" as opposed to "delayed" but I might be misreading things or have had airlines try to wiggle out of their liability whilst locating and delivering luggage.
Finally, it does seem there has been some specific EU consideration given to mobility equipment and the disadvantages a reduced mobility passenger may suffer due to a delay in equipment relative to other passengers, but I don't know the specifics.
I had thought the liability of XDR1131 was only once luggage was considered "lost" as opposed to "delayed" but I might be misreading things or have had airlines try to wiggle out of their liability whilst locating and delivering luggage.
Finally, it does seem there has been some specific EU consideration given to mobility equipment and the disadvantages a reduced mobility passenger may suffer due to a delay in equipment relative to other passengers, but I don't know the specifics.
Originally Posted by Montreal Convention
Article 19 — Delay
The carrier is liable for damage occasioned by delay in the carriage by air of passengers, baggage or cargo.
Nevertheless, the carrier shall not be liable for damage occasioned by delay if it proves that it and its servants and agents took all measures that could reasonably be required
to avoid the damage or that it was impossible for it or them to take such measures.
The carrier is liable for damage occasioned by delay in the carriage by air of passengers, baggage or cargo.
Nevertheless, the carrier shall not be liable for damage occasioned by delay if it proves that it and its servants and agents took all measures that could reasonably be required
to avoid the damage or that it was impossible for it or them to take such measures.