The Airline lost my CPAP machine, whats fair compensation?
Dec 11, 2018, 10:04 am
#1
Original Poster
Join Date: Apr 2014
Programs: Marriott Silver, National Executive, IHG gold, BW Diamond
Posts: 6
The Airline lost my CPAP machine, whats fair compensation?
So its a long story but heres the jist of it. If this isnt the right forum please feel free to move it, I just need some advice.
I flew PRG-FCO-LIN, an OK operated Alitalia code share to FCO, then an Alitalia flight to LIN. I have severe obstructive sleep apnea from a breaking my nose multiple times playing hockey, I require use of a CPAP for sleep. I always carry it on, as you never know what might happen. I had a carry on suitcase with my breathing equipment (CPAP machine and accessories). I was told by the gate agent at boarding that the bins were full, and I needed to check my bag. I told them it contained critical life support equipment, for my medical heath that I needed to have. They insisted it would be at the luggage claim in LIN. I asked it I could try to make it fit, and then check it if there was no room and they said no. I asked if I could pull my life support equipment out and they said no, I had to move along or I wasn’t going to be able to go. I wanted to protest more, but under regulations you are required to obey the instructions of the airline personnel. When I got on board, there was plenty of bin space in the plane, the bins were half to 1/4 empty. I told the head FA about my issue and my breathing equipment and how important it was but she wouldn’t let me run up the jetway to see if my bag was still at the counter. She insisted that it would be waiting for me at my destination. The departure was scheduled for 1640, the door didn’t shut until about 1705, we didn’t push until 1721, takeoff was 1735. We landed in FCO at 1915, blocked in at 1921, didn’t get off the plane until 1931, and by the time the buses got us into the airport it was 1935, to make a 2000 connection, which I did make, barely.
I arrived at LIN and none of my luggage was there. I went to the lost and found and filed my claim. My checked bag and the checked bag of my companion made it on the next flight an hour later, but there was no sign of my carry on case, nor even an electronic record of it. I asked LIN if they had medical suppliers to provide loaner CPAP equipment like some airports in the states (Msp delta for example, has a contract to provide this type of equipment in the event the airline loses it) but nothing was available. It was almost midnight by the time I got to the hotel and no medical companies were open to even try to arrange anything.
With this type of life support equipment, not having it for one night is essentially the same as it being lost and not having it at all. Sleep apnea can cause heart attack and even death. Without my equipment I was put at risk, in danger, by the actions of the airline staff, even over my objections and reasonable attempts to compromise. I spent the entire night choking and waking up with a start gasping for air, so many times I can’t even count. My girlfriend was terrified that something awful was happening, she was crying all night as she was patting my back trying to take care of me as I was waking up, choking and gurgling, trying to start to breathe normally again. I’m exhausted from it, and got no sleep because of it and she’s exhausted from it as well. My next day was totally ruined directly as a result of this incident. I spent the entire day on the phone, trying to call places to get updates, to see if my bag had been found, and trying to call Italian medical companies about replacement equipment, how much it would cost, and my insurance company to see if they would pay part of the cost, because I had no reliable information on if it had been found and when I could expect it . I found out late in the afternoon the next day the bag arrived at 10am in LIN and was sent out for delivery at noon but it wasn’t delivered until 7 plus hours later, after 1900 despite my hotel being 800m or less away from the airport.The courier contact information I was was given was useless because they didn’t answer their phone and the automated answering machine said the office was closed, despite it being a time in their stated hours of operation. I shouldn’t be spending my vacation panicking if my life support will arrive and trying to make arrangements if it doesn’t , after a torturous night of not having it at all.
I've been emailing back and forth, it took them almost a month to reply. They are offering 100 dollars US as a travel credit, I don't think that is adequate compensation at all. What is a fair amount of compensation? I never should have been forced to check medical equipment and they weren't able to provide a substitute. Did they violate any EU laws or regulations?
I flew PRG-FCO-LIN, an OK operated Alitalia code share to FCO, then an Alitalia flight to LIN. I have severe obstructive sleep apnea from a breaking my nose multiple times playing hockey, I require use of a CPAP for sleep. I always carry it on, as you never know what might happen. I had a carry on suitcase with my breathing equipment (CPAP machine and accessories). I was told by the gate agent at boarding that the bins were full, and I needed to check my bag. I told them it contained critical life support equipment, for my medical heath that I needed to have. They insisted it would be at the luggage claim in LIN. I asked it I could try to make it fit, and then check it if there was no room and they said no. I asked if I could pull my life support equipment out and they said no, I had to move along or I wasn’t going to be able to go. I wanted to protest more, but under regulations you are required to obey the instructions of the airline personnel. When I got on board, there was plenty of bin space in the plane, the bins were half to 1/4 empty. I told the head FA about my issue and my breathing equipment and how important it was but she wouldn’t let me run up the jetway to see if my bag was still at the counter. She insisted that it would be waiting for me at my destination. The departure was scheduled for 1640, the door didn’t shut until about 1705, we didn’t push until 1721, takeoff was 1735. We landed in FCO at 1915, blocked in at 1921, didn’t get off the plane until 1931, and by the time the buses got us into the airport it was 1935, to make a 2000 connection, which I did make, barely.
I arrived at LIN and none of my luggage was there. I went to the lost and found and filed my claim. My checked bag and the checked bag of my companion made it on the next flight an hour later, but there was no sign of my carry on case, nor even an electronic record of it. I asked LIN if they had medical suppliers to provide loaner CPAP equipment like some airports in the states (Msp delta for example, has a contract to provide this type of equipment in the event the airline loses it) but nothing was available. It was almost midnight by the time I got to the hotel and no medical companies were open to even try to arrange anything.
With this type of life support equipment, not having it for one night is essentially the same as it being lost and not having it at all. Sleep apnea can cause heart attack and even death. Without my equipment I was put at risk, in danger, by the actions of the airline staff, even over my objections and reasonable attempts to compromise. I spent the entire night choking and waking up with a start gasping for air, so many times I can’t even count. My girlfriend was terrified that something awful was happening, she was crying all night as she was patting my back trying to take care of me as I was waking up, choking and gurgling, trying to start to breathe normally again. I’m exhausted from it, and got no sleep because of it and she’s exhausted from it as well. My next day was totally ruined directly as a result of this incident. I spent the entire day on the phone, trying to call places to get updates, to see if my bag had been found, and trying to call Italian medical companies about replacement equipment, how much it would cost, and my insurance company to see if they would pay part of the cost, because I had no reliable information on if it had been found and when I could expect it . I found out late in the afternoon the next day the bag arrived at 10am in LIN and was sent out for delivery at noon but it wasn’t delivered until 7 plus hours later, after 1900 despite my hotel being 800m or less away from the airport.The courier contact information I was was given was useless because they didn’t answer their phone and the automated answering machine said the office was closed, despite it being a time in their stated hours of operation. I shouldn’t be spending my vacation panicking if my life support will arrive and trying to make arrangements if it doesn’t , after a torturous night of not having it at all.
I've been emailing back and forth, it took them almost a month to reply. They are offering 100 dollars US as a travel credit, I don't think that is adequate compensation at all. What is a fair amount of compensation? I never should have been forced to check medical equipment and they weren't able to provide a substitute. Did they violate any EU laws or regulations?
Dec 12, 2018, 12:27 am
#3
Join Date: Mar 2016
Location: CPT,AMS
Posts: 4,412
While this is a horrible experience no doubt I'm afraid that there aren't any EU regulations that specify the amount of compensation in case of late arriving luggage.
Should you have found a replacement CPAP for the night it would have made sense to send the bill over to AZ and ask them to pay it, however in your case they are not obliged to compensate you, if you spend any money on other items you had to replace while waiting your bag, send them the bill.
AZ are pretty bad when it comes to compensations, when they broke my ~200€ suitcase beyond repair they first offered 70€, then a 100€ and only after I insisted they offered to send me a new suitcase, so feel free to try and push for more, however be aware that they don't owe you anything
Should you have found a replacement CPAP for the night it would have made sense to send the bill over to AZ and ask them to pay it, however in your case they are not obliged to compensate you, if you spend any money on other items you had to replace while waiting your bag, send them the bill.
AZ are pretty bad when it comes to compensations, when they broke my ~200€ suitcase beyond repair they first offered 70€, then a 100€ and only after I insisted they offered to send me a new suitcase, so feel free to try and push for more, however be aware that they don't owe you anything
Dec 12, 2018, 12:40 am
#4
FlyerTalk Evangelist
Join Date: Sep 2003
Location: HH Diamond, Marriott Gold, IHG Gold, Hyatt something
Posts: 33,540
No cpap as a carryon, I don’t fly. I’ve had at least a dozen times an airline told me I couldn’t carry it on, in the past 20 years. I stood my ground everytime. I think once I carried the components in a plastic bag, but all other times it was in my carryon.
