Delayed Baggage - Course Of Action
 

I'm really unsure of how to proceed with this, so I figured I'd turn to the DL guys as I am decidedly not one of them. On 8/21 I was supposed to fly LGA-ATL-MDE on DL. Due to WX, I was going to misconnect in ATL and was rebooked by the gate agent on Avianca, going JFK-BOG-MDE. The gate agent said my one checked bag would be pulled and available downstairs, which it wasn't. I talked to baggage services and they said that when I landed to talk to DL in MDE to file a claim. I landed in MDE at 8:20AM the DL baggage office was closed so filing a delayed baggage claim wasn't possible. I called DL baggage services and they said they had nothing to do with it since my carriage was completed by AV, and AV said it was on DL since they possessed the bag, forcing a message to DL in which DL said they would pull it off the flight on 8/21 when it landed, transfer it to AV, and AV would bring it to the hotel.

Today, 8/22, I went back to MDE at 6:30 PM and checked with AV who said they did not have the bag. Next I went to DL who had the bag, said the reason AV didn't have it because AV refused it for "unknown reasons" and that my bag is technically not delayed by 24 hours since DL flight on 8/21 hadn't passed 24 hours since landing.

So, to condense: wx causes misconnect, rebooked on AV, without bag for 34 hours, DL says it is AV's fault

What is my recourse here, if any?

What recourse? You got your bag. Go unpack.

But, for the benefit of others, it is solely the responsibility of the last delivering carrier to deliver your bag. If it is lost or damaged, it is that last delivering carrier which will pay up.

In this case, the last delivering carrier was AV. OP's report was to AV and it was AV's responsibility to get the bag to OP.

But, DL had the bag and gave it to OP, so there is nothing left to do.

^ requests for out-of-pocket expense reimbursement or customer service recovery compensation should be directed to Avianca only. Delta is not responsible for any baggage service.

But . . . BUT . . . BUT . . .

The OP said this:

So, apparently, AV wouldn't process a claim.

If AV never took possession. It would seem to me that the only carrier that did possess the bag during the op's Journey , DL would be re$pon$ible

They wouldn't. Even when DL baggage took control of it here in MDE and brought it AV to deliver to me, AV refused it. DL said they had no idea why they did, my guess is because AV wanted no part of DL's mess.

I deal with these situations all the time at the baggage service office. The terminating carrier is 100% responsible. This summer, I've had to provide baggage service to dozens of other-airline-IROP customers whose bags were never given to Delta and the customer never told Delta he had a checked bag. But since the customers arrived at their final destination on Delta, Delta is responsible for baggage service. Avianca refusing a claim does not relieve Avianca of responsibility.

If a pax checked a bag with United on a United itinerary at ORD, then has an IROP mid-trip and gets rebooked to Delta, but the bag never leaves United in ORD, that doesn't mean United has to take the claim. Sure it's United's fault, but the ONLY relevant question is "Which airline did you JUST arrive with? They'll take the claim."
Because what happens if you get rerouted to somewhere United doesn't even fly?? You wouldn't even be able to file a claim if you tried because United doesn't operate there! That's just one reason why the final carrier does all baggage service, no exceptions.

Read my comment above in response to this. Airlines have to pay out for baggage service every day for bags that they never had possession of. It's how the industry works. Avianca boarding the OP was implicit acknowledgment that Avianca is agreeing to take responsibility for getting the OP's baggage to his or her final destination, too. If Avianca doesn't want that, then Avianca shouldn't have boarded the OP on their flight.

Except that's not how it works. It's the last carrier you flew on that is responsible. Even if they never were supposed to carry you or your bag to your final destination, they are responsible.

Creo que el Español del OP no es bastante bien a explicar todo esto a Avianca en Medellin.

;)

<Mi Español no es perfecto ;)>

This.com

The carrier you actually arrived on has the responsibility for your bag. This is for customer protection. Many times bags are checked to destinations where the carrier you checked in with doesn't even have a presence.

In the OP's case, s/he should have filed a claim with AV on arrival. Sounds like some bad advice was given from both AV and DL.

You may have a claim because AV denied to take a claim. I don't know who the governing body is there, but in the U.S. you could file a DOT complaint, but generally I recommend contacting the carrier first. They may throw you a credit or miles. The DOT isn't going to give you anything. :)

The fact remains that whatever people think it ought to be, the rule is simple. It is AV which is solely responsible to OP if OP is owed anything at all (OP does not make clear that it is that he expects as he got his undamaged bag and does not suggest that he had any expenses).

If AV believes that DL is responsible, AV may settle up with DL. That is just how it works.

AV refused to take a report on a flight departing the US. OP may file a complaint with DOT about that, but I don't suspect that DOT will care much as OP got his bag. OP may pursue AV elsewhere too, but again, I don't see any government regulator caring much.

But, for the benefit of others, if your bag does not show up, no matter where you think it is or who may have handled it, your complaint is to the last delivering carrier.

No, the rule is that the last airline the passenger flies is responsible. That avoids a lot of arguing over whose fault something is.

It does when passengers know the rule, set their expectations and file their claim with the correct company.😉