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-   -   Delayed baggage - which airline responsible? (https://www.flyertalk.com/forum/travelbuzz/286465-delayed-baggage-airline-responsible.html)

World20 Mar 20, 2000 8:32 am

Delayed baggage - which airline responsible?
 
I recently arrived at my destination without http://www.flyertalk.com/forum/frown.gif my checked luggage. Carrier A cheked it through to my final destination with my final Carrier B. It didn't make a connection in LHR (surprise) although I did (several hours, due to a cancelled flight). Because of my travel schedule, it took two full days before I was reunited http://www.flyertalk.com/forum/smile.gif with my suitcase.

I have filed a claim with Carrier A for an emergency clothing purchase. Should this be filed with Carrier A or Carrier B?

Rudi Mar 20, 2000 9:01 am

IATA airline members agreed: the very last airline (only) of the luggage-trip has to 'satisfy' you.

doc Mar 20, 2000 9:12 am

Yes, I believe Rudi is correct, but only after the "A" carrier can satisfactorily demonstrate that they successfully delivered to it "B"! Thus you sometimes get a lttle "rigamoroll" & fingerpointing or whatever!

Also International, as you know, is is bit more complicated, as it is generally, in my experience when it is not a US carrier responsible to begin with!

Hopefully you'll have no worries here- and fortunately you did get the luggage back!!!

Rudi Mar 20, 2000 9:28 am

the last international segment and carrier (into the US) do only matter if the luggage problem happens before/when you pick up the stuff for immigration.

AC*SE Mar 20, 2000 12:40 pm

I have a different take from "doc" on the "only after..." part.

The last carrier is responsible for delivering your baggage to you, and for any compensation claims. If there is mishandling on carrier A's part, carrier B can go against them for that. You should not be responsible for chasing down carrier A.

Carrier B may choose to blame, point fingers, etc. etc. but the fact remains that they are the carrier responsible for delivery. Any compensation claims should be made against the delayed baggage report filed with carrier B at the arrival airport.

Even if your baggage fails to appear at an intermediate point (for instance Customs at the first port of entry, before connecting to a domestic sector), you do not (ordinarily) file a missing baggage claim until the end of the journey. You should, however, complete an authorization to permit the carrier to clear your bags for you, and interline them to the next carrier.

Travellin_man Mar 20, 2000 2:28 pm

Heathrow is notorious. It used to be almost as bad when not interlining, but BA really seem to have got their act together starting about 18 months ago, and haven't failed me once since. Before that bags on my BA/CP flights from Canada connecting to European flights always, and I mean always, missed, regardless of connection time. It got so that I didn't bother waiting at the carousel in Vienna, and it was quite convenient to know I'd get my bags delivered to my hotel when the flight after mine arrived http://www.flyertalk.com/forum/wink.gif

Strangely, they never missed a European to transatlantic connection.

If you have time on your connection when interlining, and no visa problems going landside, I always recommend picking up your bags and rechecking them if you absolutely can't do without them for a day or two.

World20 Mar 20, 2000 8:19 pm

Clarification. Carrier A is BA, carrier B is LH. Origin and destination both in Europe. When arrived LHR, checked in with LH and my flight was cancelled http://www.flyertalk.com/forum/frown.gif. They had already booked me on the next flight. Gave them the baggage claim number from BA and I thought they "took care of it". Wrong http://www.flyertalk.com/forum/wink.gif! When I arrived BUD with no luggage, filed lost baggage report with Malev who handles all baggage in BUD (no BA or LH reps in baggage claim area). They traced it online and told me it was still in LHR at that time - my goodness they only had 4 hours to transfer. They eventually got the bag returned to me at LHR hotel two days later because I had already left BUD by the time the got it there the next day.

So is my claim for emergency clothing with BA or LH?

[This message has been edited by World20 (edited 03-20-2000).]

Eastbay1K Mar 20, 2000 11:19 pm

I do not know the actual IATA rules, but your contract is generally with the initial carrier. Your ticket (or receipt, printed on IATA ticket stock) will read who issued the ticket in the upper left corner. It would seem (and who knows the laws elsewhere) that in the US, you have a direct contractual relationship with the issuing carrier. It is the "issuing" carrier on a multi-airline itinerary that collects all the $ and distributes it accordingly (ie, travel agent commissions, interline airline portion, etc.) You have no contract with the secondary carrier.

Having said all that, who knows. I don't have a good answer. There are probably some explicit IATA regulations on point. But as your "final destination" carrier is probably the only one that has a baggage service when you get to your final destination, it would have some sort of agency relationship with the first (issuing, contractual) carrier.

Tango Mar 21, 2000 8:42 am

File a cliam with Malev if that is the last airline you flew on, but send a letter off to the original airline and ask for compensation. For the record, even if your last flight was a codeshare with the airline you started out with, all cliams need to start with the metal of the airline you last flew on.

Rudi Mar 21, 2000 9:49 am

officially (IATA rules) Malev.

but it doesn't hurt, to inform the ticket-issuing airline or travel agent for help

AC*SE Mar 21, 2000 5:20 pm

LH.

It is not Malev, because they were not the carrier. They are the handling agent, but it is the principle--not the agent--who is responsible.

LH carried you, LH should have your baggage, LH dropped the ball (suitcase?).

Eastbay 1K: A contract exists with each ticketed carrier down the line. The rule is the ticket is issued on the stock of the first carrier, who is responsible for accounting to the other carriers for the fare construction. However, you have a contract with each carrier who sells you transportation on the face of the ticket. The ticketing carrier is acting as a General Sales Agent for the subsequent carriers in the itinerary.

(NB: On codeshares, your K is with the marketing carrier--not the operating carrier).

World20 Mar 21, 2000 5:40 pm

Anyone have a telephone/fax number for LH customer relations where I could send my claim/documentation? I have already done so with BA but no response yet.

I never flew Malev - just BA then LH. And oh, and the BA ticket was issued by UA as they were the over-the-water on a segment as of that time unflown. The LH ticket was issued by LH.

Thanks all.

[This message has been edited by World20 (edited 03-21-2000).]

[This message has been edited by World20 (edited 03-21-2000).]

YVR Cockroach Mar 21, 2000 8:29 pm

I think BA's baggage handling at LHR still leaves a lot to be desired.

I took a flight YVR-YYV-LHR via CP (BA is their LHR handling agent) last November. Checked in 4 bags, and 3 came out. The 4th never made it. Some other J pax on the same routing but leaving YVR an hour earlier (YYZ was by no means a tight connection) waited for his and nothing came out. As he was waiting to report the loss, his bags pop out on belt 1 (supposed to be out on belt 5 or 6).

I filed my report. It was delivered by taxi at 7 that evening. Seems BA baggage handling must have sent it off trundling to T 1,2 or 3 as there were no CP/BA flights that came in until 9pm that day.


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