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-   -   Delayed/lost luggage rights (https://www.flyertalk.com/forum/british-airways-executive-club/2083394-delayed-lost-luggage-rights.html)

Jzlerner Jun 17, 22 3:02 am

Delayed/lost luggage rights
 
Good morning flyertalkers and apologies if this thread already exists.

I have a lot of upcoming flights with BA in the next few months and I'm hearing lots of horror stories happening with BA and baggage. In fact, three of my friends in the last month alone had their baggage delayed a couple of days and 1 had it lost completely.

As I usually like to be prepared for the worst I would like to know what the rights are for delayed and lost luggage. If it's delayed for a certain amount of time do I get a spend allowance? How long does that delay have to be? If it's lost is there a limit of how much I can claim? Or do I itemise everything in the case and hope for the best? I'm asking as there seems to be lots of conflicting information online but nothing solid.

I have travel insurance for a few of these upcoming flights but not all so I would very much appreciate it if someone could provide some advice to the questions above. Also, any additional related information would be very helpful. Many thanks

Jzlerner Jun 17, 22 3:14 am

One more things to add: some of my upcoming flights are on AA but booked through BA on the same PNR as other BA flights (although multicity, none connections). In case of a problem with baggage who would be liable? Booking airline (BA) or operating airline (AA). Thanks

masped Jun 17, 22 3:34 am


Originally Posted by Jzlerner (Post 34343737)
One more things to add: some of my upcoming flights are on AA but booked through BA on the same PNR as other BA flights (although multicity, none connections). In case of a problem with baggage who would be liable? Booking airline (BA) or operating airline (AA). Thanks

Always the operating airline. And if you did have a flight with connections, it's the airline who operated the last leg who is responsible.

corporate-wage-slave Jun 17, 22 4:17 am

Only a very low percentage of bags get delayed, mostly for 3-6 days. It is doubly amplified here (a) because if your bags arrive on time you're not going to post about it and (b) FTers tend to book more complex trips than most travellers and so there is more scope for things to go wrong. So I certainly wouldn't assume you are going to have a problem. The more usual problem in this space is that baggage return at the destination takes longer than you would like.

This is governed by the Montréal and Warsaw Conventions. There is limitaiton of SDR 1288 (around £1400) total per passenger, the limit of the airlines' liability. Airlines can offer a higher level for a premium but it's frankly easier to get insurance. If something gets delayed - and it doesn't matter what the timelines are - you can claim for essentials. So let's say your bag is only delayed briefly and gets delivered to your hotel the same day. Rare but it has happened. You can claim for cosmetics, teethcare items, perhaps a phone charger cable. If it's several days and the weather turns bad, then you can buy things like coats and shoes necessary for what you are doing. At the other extreme, someone recently went somewhere to give a presentation and his video equipment was held up. Since that was essential and connected for the reason to travel, then buying or hiring equipment is in scope. BA would pay this, other airlines may be more reticent (AA isn't renown for generosity) but you can invoke dispute and small claims procedures if that event. You are not covered for "what ifs", so buying a coat because it may turn cold is a "what if". BA sometimes gives a cash card to help with this, but in a way that's an extra complication compared to just buying and claiming. The thing to note here is that if you get a hefty payment for coats, shoes etc and then the bag is lost, you are still capped at SDR 1288. THe usual advice I give is "pretend you won't get the money back from BA, what would you do?". If it's buy a coat, then you have your answer.

There isn't compensation for delayed bags, unless some other factor comes into play. One example was when BA's courier incorrectly returned a bag to the wrong person, and the wrong person subsequently refused to hand back the bag (presumably because BA hadn't returned their original bag). This included personal items, such as notebooks, and the real bag owner found this incredibly distressing.

Jzlerner Jun 17, 22 4:43 am

Thanks for the advice, much appreciated

Will100 Jun 17, 22 5:32 am

Do the conventions mentioned above offer anything for when baggage is demanded and BA do not respond to your claim for compensation?

I am getting tired of waiting now and would like to force the issue.

George K Jun 17, 22 5:39 am

Out of curiosity, does SDR 1288 apply to the last leg of a trip where you are effectively returning 'home'? What can you realistically claim for if you suffer a 2-3 day baggage delay then?

corporate-wage-slave Jun 17, 22 5:46 am


Originally Posted by George K (Post 34343958)
Out of curiosity, does SDR 1288 apply to the last leg of a trip where you are effectively returning 'home'? What can you realistically claim for if you suffer a 2-3 day baggage delay then?

It does, but you are still on the essential items test, and there is a view you have items at home you can use, or borrow from other family members. It's not an absolute, people have claimed for PC chargers stuck in a bag, for example. Again you can apply the same test: if it was 101% certain BA would not refund the item, what would you do?

corporate-wage-slave Jun 17, 22 5:48 am


Originally Posted by Will100 (Post 34343945)
Do the conventions mentioned above offer anything for when baggage is demanded and BA do not respond to your claim for compensation?

I am getting tired of waiting now and would like to force the issue.

It's effectively contractural, so naturally you can use MCOL if you feel you have waited long enough. You can also use CEDR after 8 weeks from submission. Best practice for MCOL is 15 working days (3 weeks) but you can go lower than that, come car parking companies think it's a week for example.

Will100 Jun 17, 22 1:47 pm


Originally Posted by corporate-wage-slave (Post 34343974)
It's effectively contractural, so naturally you can use MCOL if you feel you have waited long enough. You can also use CEDR after 8 weeks from submission. Best practice for MCOL is 15 working days (3 weeks) but you can go lower than that, come car parking companies think it's a week for example.

It would be great to get an opinion as to which route would us beat? It doesn’t feel right just to accept they haven’t even looked at my case.

Baby stroller was damaged (unusable) on a flight early April. On arrival they said someone would come to our home to assess the claim within 7 days. Expecting the worst, and needing to use it for obvious reasons, I ordered replacement parts for ~£200 immediately and sent a claim in.

Other than the automated reply I have received nothing and have tried several times (calls, Twitter etc) but unable to get anyone willing or able to help.

This was a Club World ticket so gee a little shafted and would like the cash to be honest.

Feel free to DM if better.

corporate-wage-slave Jun 17, 22 1:57 pm

If it's over 8 weeks from your first complaint then just submit a claim to CEDR, you don't appear to have anything to lose, and it's a straightforward process, just a modest amount of paperwork. MCOL is better if you want a fast result, but you do have some costs potentially at stake.

Jzlerner Jun 17, 22 2:07 pm

Just got 2 notifications. 1 was an email update to this thread. The other: https://news.sky.com/story/amp/enorm...ystem-12635856

And that is terrifying. I know it's not BA's fault but still appalling at an airport as busy and important as Heathrow

corporate-wage-slave Jun 17, 22 2:20 pm


Originally Posted by Jzlerner (Post 34345313)
And that is terrifying. I know it's not BA's fault but still appalling at an airport as busy and important as Heathrow

Terrifying? It's cartainly a nuisance for the people affected but very few if any would be BA customers, since it was at T2 and only affected travellers in a fairly short time window. Most T2 passengers would not have been affected.

Your other option would be to either go hand baggage only (which is what I do) or to carefully segregate checked luggage so that it consists of items that can go AWOL for a few days, such as items destined for laundry.

flyingmonkie Jun 17, 22 2:31 pm

As CWS says the best and least stressful way of dealing with it is to assume you won't get reimbursed by BA. Buy what you need and all should be well.

Will100 Jun 19, 22 11:18 am


Originally Posted by corporate-wage-slave (Post 34345281)
If it's over 8 weeks from your first complaint then just submit a claim to CEDR, you don't appear to have anything to lose, and it's a straightforward process, just a modest amount of paperwork. MCOL is better if you want a fast result, but you do have some costs potentially at stake.

Much appreciated. Submitted a claim this morning so will see how it plays out.

Shame as I feel this could be dealt with pretty easily and I have not tried to claim an excess amount (£180) when others may have tried to recoup the cost of a full replacement.


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