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-   -   Iberia Compensation Policy - Delayed Baggage - HORROR (https://www.flyertalk.com/forum/information-desk/2004436-iberia-compensation-policy-delayed-baggage-horror.html)

CMCL83 Jan 15, 2020 1:18 am

Iberia Compensation Policy - Delayed Baggage - HORROR
 
New to the forum and seeking some guidance on how to deal with my recent horror with Iberia!!! I made a huge mistake booking a flight from Madrid to JFK last month.

Long story short....... the Check in staff (new to company, majorly stressed and didn't know what she was doing) put my bag on a wrong flight to Boston with someone elses bag tag!
I arrived in NYC wearing a tshirt and jeans and Iberia simply didnt care when I approached the desk....file the claim and 'next' to a long queue of people..... MY PROBLEM

I called Iberia for 6 days and they REFUSED to explain the status of the bag and their online system for tracing doesn't work.
Being -3 Celsius in NYC I had to buy clothing everyday, as it was unclear when my Bag would be returned.

Eventually on day 3, I receive a text msg to tell me 'Bag is on the way' - The bag didn't show up.

I spent around 2k USD on clothing as everything was in my suitcase at this stage.

Eventually on my second last day, a very helpful member of staff in JFK gave me the cell number of an Iberia Staff member.
She located the bag in Boston and returned it to me in Dubai via Emirates....my case did not make it to me in NYC at any stage, ruining my trip!!!
Only because I made the effort to call JFK and a member of staff put the bag on a EK flight to Dubai I manged to receive my bag (which arrived back broken and unusable)

Actually the only call I received from Iberia was to offer me an upgrade! So I Cancelled the flight and flew home EK!

I received an Email offer from Iberia for 300GBP compensation - Have they ever had to buy clothing for 6 days in NYC IN WINTER???? PLUS A SUITCASE, SHOES, Toiletries and medicine!

NEVER FLY IBERIA

Seeking help on how to get some compensation or legal advice!

WestCoastPDX Jan 15, 2020 1:38 am

Being hysterical and saying things like ‘not having my preferred clothing choices ruined my trip’ - is not going to make anyone want to help you. It also makes you sound like a miserable person for customer service to deal with.

I would suggest a very simple method: Tell the truth, the facts, and ask for ONE thing.

’My luggage was delayed on my trip because an agent put it on the wrong flight. I did not receive it for 6 days, and had to purchase clothing to conduct my affairs. That totaled __________. Here are my receipts. Please reimburse me for my expenses.’


Really, you don’t need to do anything else.
Being dramatic, complaining, emotional. All those things work *against* you. Be an adult, use clear words and facts, and you will get your reimbursement. You might even get some compensation for the Customer Service failure, but that’s a bonus, and not something to ask for IMO.

nancypants Jan 15, 2020 1:41 am

I had a similar fun experience with IB last summer. No, their tracing system doesn’t work (or at least never gets updated!), but you have to make sure you keep your end of it updated with changes of address etc

bottom line for me was that my bag was never found but they did (eventually) send me a check for around twice the amount I actually claimed so, swings and roundabouts

SK AAR Jan 15, 2020 2:27 am

Travel insurance?

Did you submit your receipts for the clothes bought to IB for reimbursement? USD 2k on emergency clothing seems excessive IMO, but I guess IB will decide if too much or appropriate given the weather conditions etc.

LondonElite Jan 15, 2020 2:34 am


Originally Posted by WestCoastPDX (Post 31952410)
Being hysterical and saying things like ‘not having my preferred clothing choices ruined my trip’ - is not going to make anyone want to help you. It also makes you sound like a miserable person for customer service to deal with.

I would suggest a very simple method: Tell the truth, the facts, and ask for ONE thing.

’My luggage was delayed on my trip because an agent put it on the wrong flight. I did not receive it for 6 days, and had to purchase clothing to conduct my affairs. That totaled __________. Here are my receipts. Please reimburse me for my expenses.’


Really, you don’t need to do anything else.
Being dramatic, complaining, emotional. All those things work *against* you. Be an adult, use clear words and facts, and you will get your reimbursement. You might even get some compensation for the Customer Service failure, but that’s a bonus, and not something to ask for IMO.

Excellent post.

The hysteria will work against you, in part because it makes you sound entitled. Keep it to the bare facts. There was no HORROR because you managed to buy replacement clothes in NY. Seasoned travelers know that there is usually little point in calling day by day to enquirer about delayed luggage, though in your case a mislabeling issue seems to have compounded the problem.

A good rule of thumb when buying replacement clothing and toiletries is to assume you won’t have these reimbursed. So a shirt for $70 is ok, one for $350 not so much. $2,000 for less than a week seems pretty full to me. You’ll probably have to claim some of that from your travel insurance.

VegasGambler Jan 15, 2020 2:48 am

1. Watch them tag your bags. Always. I always confirm that the tag at least has the right airport code on it -- I want to see it with my own eyes (the airport codes are big and easy to see)

2. $2k seems like a lot for a week of clothes. But I guess a suit and a decent pair of shoes will exceed that.

The $300 was compensation. That is, sorry for inconveniencing you, here's $300.

Additionally, you are entitled to reimbursement for reasonable expenses. From the DOT:

Airlines are required to compensate passengers for reasonable, verifiable, and actual incidental expenses that they may incur while their bags are delayed - subject to the maximum liability limits.

Airlines are not allowed to set an arbitrary daily amount for interim expenses. For example, an airline cannot have a policy that they will reimburse a passenger up to only $50 for each day that a passenger’s bag is delayed.


https://www.transportation.gov/lost-...amaged-baggage

Stgermainparis Jan 15, 2020 3:37 am

Would the Montreal Convention apply here? For international flights the max payout for reimbursement is around $1500. I know this bc AA lost my bag (never to be seen again) this summer and I had to fight tooth and nail to get reimbursed. The bag disappeared on the outbound of a three week Europe trip. Still lost!

LondonElite Jan 15, 2020 3:43 am


Originally Posted by Stgermainparis (Post 31952631)
Would the Montreal Convention apply here? For international flights the max payout for reimbursement is around $1500. I know this bc AA lost my bag (never to be seen again) this summer and I had to fight tooth and nail to get reimbursed. The bag disappeared on the outbound of a three week Europe trip. Still lost!

No. Montreal only covers lost baggage.

VegasGambler Jan 15, 2020 3:45 am


Originally Posted by LondonElite (Post 31952640)
No. Montreal only covers lost baggage.

Not according to the DOT.

In the same article I linked and quoted above...

For most INTERNATIONAL flights, a treaty called the Montreal Convention applies to the carriage of baggage. The maximum baggage liability for flights covered by the Montreal Convention is currently 1,131 Special Drawing Rights (approximately $1,545.00 US). This is the most that airlines must pay a passenger for a lost, damaged, or delayed bag. Airlines are free to pay more than the limit, but are not required to do so.

LondonElite Jan 15, 2020 3:52 am

True, although Montreal is then a last resort mechanism, usually involving courts, and it is better to solve directly with the airline or insurance.

deadinabsentia Jan 15, 2020 6:20 am


Originally Posted by SK AAR (Post 31952494)
Travel insurance?

Did you submit your receipts for the clothes bought to IB for reimbursement? USD 2k on emergency clothing seems excessive IMO, but I guess IB will decide if too much or appropriate given the weather conditions etc.


Finnair/ BA just 'lost' our bags for last 4 days in Canada.. In Winter.
3 pack of fresh knickers for her/boxers for me,
2 T-shirts (1 each)
2 jumpers (1 each)
2 pairs of pants (her in-doors even got a Lululemon sale Yoga pant)
2 pair winter shoes (1 each)

and some cosmetics/toiletries madam could not live without... 450 EURO total.

2000 usd? That is on you.

Do I own Saville Row suits and Ferragamo shoes? Yes. Had the bags been lost we have receipts for Chloe/Fendi/Sandro... but we choose to buy that.

I hardly expect BA to do much more than cover basics.

deadinabsentia Jan 15, 2020 6:23 am


Originally Posted by Stgermainparis (Post 31952631)
Would the Montreal Convention apply here? For international flights the max payout for reimbursement is around $1500. I know this bc AA lost my bag (never to be seen again) this summer and I had to fight tooth and nail to get reimbursed. The bag disappeared on the outbound of a three week Europe trip. Still lost!


after 21 days Montreal Convention stipulates you get the 1131 SDR. Simple.
Sometimes the bag comes back after.. but thats the most they pay for lost.

For any overages, a household world wide coverage/ travel policy is needed.

mctaste Jan 15, 2020 8:31 am

Op what was the value of the clothes in your bag? Unfortunately I don’t think you get to force the airline to buy you like-for-like if you have $400 tshirts in your bag.

Stgermainparis Jan 15, 2020 9:02 am


Originally Posted by LondonElite (Post 31952658)
True, although Montreal is then a last resort mechanism, usually involving courts, and it is better to solve directly with the airline or insurance.

AA quoted me the Montreal Convention as their cap. No courts were involved and it wasn’t a last resort, just the way they managed the situation.

Thankfully I also had travel insurance that covered the additional $200 of expenses/reimbursements for items lost but needed for 3 week trip in 2 climates.

The_Bouncer Jan 15, 2020 9:10 am

Sorry, but $2,000 is an absolutely ludicrous amount to spend on emergency clothing for 6 days.

Did you really have a legitimate, immediate need for $2,000 worth of stuff? Or did you just think, "Way hey! The airline's paying, let's fill our boots"?

If the former (and you can prove it), be prepared for a court case, which may or may not be successful.

If the latter, sorry but that's not how it works.


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