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Consolidated UA Lost/Delayed Baggage Issues

Old Dec 11, 2014, 5:43 pm
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Last edit by: WineCountryUA
DoT is proposing increased lost bag compensation -- increased from $3,500 to $3,800 effective 21 April 2021
================================================== =
Suggested reading is UA's lost bag info on the web: Baggage Info, Checked Bag Issues, checked UA's Baggage tracing and Damaged Bags

Delayed baggage and claim form
Updated prior to June 2023 to removed the $1,500 statement

new statement
Bags that dont arrive with you at your destination are considered delayed. Customers whose bags were delayed somewhere other than where they live may submit a claim for reimbursement of expenses, along with receipts, for the period during which their bags were delayed. If the bags arent found after five days, the customer may also submit a claim for their lost bags. Reimbursed expenses will be deducted from the total we pay you if your bags are permanently lost. You can submit a claim below.

For bags still lost after five days
If we cant find your bag after five days, well reimburse you for the value of your bag, its contents, and any fees you paid to check the bag. Receipts may be required and certain items might not be eligible for reimbursement. Depending on your trip, maximum claim limits may also apply.

The fastest way to start a claim is online, using the button below.
https://baggageclaimform.united.com/...uagecode=en-us

You can also contact us at the Baggage Recovery Center to file a claim:
old statement

For bags still lost after five days

If were unable to find your bag after five days, you may be eligible for $1,500 for the value of your baggage and its contents without requiring any documentation.
If we cant find your bag after five days, well reimburse you for the value of your bag, its contents, and any fees you paid to check the bag. Receipts may be required and certain items might not be eligible for reimbursement. Depending on your trip, maximum claim limits may also apply.Contact a United Representative at the Baggage Resolution Center by calling:
If the value of your lost bag and its contents is more than $1,500, you can document and claim a higher amount, with receipts. The most you can claim is $3,500 for flights within the U.S. There are different maximums for international flights. Customers whose baggage was delayed in a location other than their place of residence may submit a claim for reimbursement of interim expenses for the period during which the baggage was delayed, providing receipts. If the baggage is not found after five days, the customer may submit a claim for the lost baggage. The interim expenses will be deducted from the legal limit of reimbursement if the bag is permanently lost. Use the link below to submit a claim.
https://www.wheresmysuitcase.com/

When multiple carriers are involved, IATA convention on bag issues is that your claim is to be processed with the last carrier noted on the claim tag. that should have delivered the bags regardless on which carrier may or may not have created the issue.

Montreal Convention - Wikipedia
The Montreal Convention changes and generally increases the maximum liability of airlines for lost baggage to a fixed amount 1,131 SDR per passenger (the amount in the Warsaw Convention is based on weight of the baggage). It requires airlines to fully compensate travelers the cost of replacement items purchased until the baggage is delivered, to a maximum of 1,131 SDR. At 21 days any delayed baggage is considered lost, until the airline finds and delivers it.
Montreal Convention - IATA
Limits on Baggage Liability
Domestic Baggage Liability
  • For DOMESTIC flights, DOT regulation allows airlines to limit their liability for a lost, damaged, or delayed bag. Airlines are free to pay more than the limit, but are not required to do so.
  • The maximum liability amount allowed by the regulation is $3,800 per passenger.
International Baggage Liability
  • 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 1,288 Special Drawing Rights (approximately $1,700.00 US) per passenger. 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.
  • The Montreal Conventions international baggage liability limit is reviewed for inflationary adjustment every five years by the International Civil Aviation Organization (ICAO)
  • In the few situations when the Montreal Convention does not apply to travel to and from the United States, an older treaty called the Warsaw Convention may apply.

Archive thread: Consolidated UA Lost/Delayed Baggage Issues {Archive}
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Consolidated UA Lost/Delayed Baggage Issues

Old Feb 17, 2022, 1:18 pm
  #1  
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New one to me today. I was on the nonstop BTV-IAD flight this morning and checked a heavy (~62 pound) bag.

Upon landing, I went straight to baggage claim, though with the walk to the train, just missing the first train, etc., it took I got there apparently after the bags had already come out. Mine was nowhere in sight, and the app said "En Route" but listed "Delivered to Carousel 1" as the last scan.

I spoke with the baggage office, and the first guy felt it was on the oversized bag area. I didn't find it there, and the other agent suggested it may have been stuck so had the ramp staff run a bunch of trays through. They all came through fine.

My thought is that either someone took it by mistake (and it's a bright purple bag with a giant orange plastic name tag on it, hard to mistake next to the procession of black suitcases), someone stole it, or it's still in the belly beneath baggage claim at IAD. I've called a couple of times to check, but nothing yet.

Any thoughts or suggestions? This is the first time I've had a bag go missing that wasn't due to it missing a flight.

ETA: Had a very good Houston agent earlier when I called... she seemed to understand the entire scenario and had good suggestions; this time, when I called for an update, I have an offshore call center person (despite it being the "1k baggage line"), and have been on hold for 15 minutes. "Do you need your bag in Washington, then?" (Uh, yeah, that's why I called.) After that 15 minutes on hold, "Sir, your bag is in Washington." I asked why they haven't reached out to schedule delivery, and was told, "I don't have that information." Apparently, all he did was look at the scan (which shows it "delivered to carousel 1" as the most recent scan) in those 15 minutes and didn't even talk with anyone locally. Seems like time for a HUACA.

Last edited by exerda; Feb 17, 2022 at 3:13 pm
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Old Feb 18, 2022, 9:03 am
  #2  
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To close the loop, around 6:30pm yesterday, I noticed the status went from "tracing continues" to "arranging delivery." So they found it. (I never got a text, call, or email, including from the bag delivery service who listed it as being picked up for delivery later that evening.)

I was out anyway and drove out to pick it up rather than trusting it to be dropped on my porch at 3:30am. It was right there outside the baggage office; no one could give me any update other than, "Your bag is here," so ultimately, I don't know what happened to it.

My guess is that it was indeed left somewhere ramp-side. There didn't appear to be any physical damage to the bag or its contents, so I don't think it fell off or got caught up in the belts, but at least it made it home.
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Old May 16, 2022, 3:45 pm
  #3  
 
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Application of Montreal Convention or Domestic Flight?

Does UA construe, typically or otherwise, the Montreal convention to apply with the following factors:
  • int'l RT ticket
  • outbound completed
  • Return
    • UA metal plane arrives from outside the US into a US city
    • Pax collects bags
    • Clears customs
    • Re-checks all bags onto a connecting UA flight (all on the PNR)
    • One or more bags are lost.
Or should the Montreal Convention NOT apply since the only remaining flight left was the purely domestic flight (for purposes of a lost bag)? It goes without saying, all of the international legs were completed.
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Old May 16, 2022, 3:56 pm
  #4  
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Why do you care? The DOT and UA lost bag coverage is better.
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Old May 16, 2022, 4:09 pm
  #5  
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Originally Posted by dcpdxtrans
Does UA construe, typically or otherwise, the Montreal convention to apply with the following factors:
  • int'l RT ticket
  • outbound completed
  • Return
    • UA metal plane arrives from outside the US into a US city
    • Pax collects bags
    • Clears customs
    • Re-checks all bags onto a connecting UA flight (all on the PNR)
    • One or more bags are lost.
Or should the Montreal Convention NOT apply since the only remaining flight left was the purely domestic flight (for purposes of a lost bag)? It goes without saying, all of the international legs were completed.
The Montreal Convention applies, and you'd be better off if it didn't.
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Old May 16, 2022, 5:07 pm
  #6  
 
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Originally Posted by WineCountryUA
Why do you care? The DOT and UA lost bag coverage is better.
Perhaps the OP is questioning because he knows UAs coverage is better than the Montreal Convention

Last edited by Flying Machine; May 16, 2022 at 10:41 pm
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Old May 16, 2022, 10:18 pm
  #7  
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This is what UA states
For international travel to which the Warsaw Convention applies (including domestic footnote* portions of international travel].
Guess I should not be surprised but I was.
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Old May 16, 2022, 10:55 pm
  #8  
 
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Originally Posted by Flying Machine
Perhaps the OP is questioning because he knows UAs coverage is better than the Montreal Convention
Bingo.

Frankly, I do not care what UA states as to what its interpretation is. What matters is the wording of the Convention/Pact that controls. As a matter of common sense--not having read the wording--it makes no sense to me. If the international portions are complete and the only leg remaining on a RT ticket is a purely domestic portion where there has been a rechecking of bags, why should that pax be treated any different than the one who bought a purely domestic ticket with the same city pairs? For me, the rechecking of bags is what changes the analysis.

Is anyone aware if anyone has legally tested whether my interpretation (in a vacuum) is correct?

I just read the Montreal Convention in full. I'm not convinced (that UA has the correct conclusion)...
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Last edited by WineCountryUA; May 17, 2022 at 12:44 am Reason: merged consecutive posts by same member
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Old May 17, 2022, 12:22 am
  #9  
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Originally Posted by dcpdxtrans
If the international portions are complete and the only leg remaining on a RT ticket is a purely domestic portion where there has been a rechecking of bags, why should that pax be treated any different than the one who bought a purely domestic ticket with the same city pairs?
Because the responsibility for the baggage is tied to the journey, not to any individual flight segment (or operating carrier)

Originally Posted by dcpdxtrans
For me, the rechecking of bags is what changes the analysis.
Whether you recheck the bags is immaterial. Including that sort of trivia in the law would just serve to create grey areas and loopholes.

Originally Posted by dcpdxtrans
Is anyone aware if anyone has legally tested whether my interpretation (in a vacuum) is correct?
Feel free to spend a quarter of a million in legal fees to try to get an extra $2K in compensation.

Originally Posted by dcpdxtrans
I just read the Montreal Convention in full. I'm not convinced (that UA has the correct conclusion)...
There's absolutely no doubt about it. I also checked before I posted.

Now, the DOT could conceivably require that US carriers meet the US liability limits to the extent that they're greater than the Montreal Convention limits. They could not require that international carriers comply, of course. The DOT does not do this, presumably because US carriers have lobbied against it in the name of a level playing field.

The treaty is written the way that it is in order to be unambiguous. They didn't want weird corner cases -- for example, they wanted to make sure that a bag lost on a flight to the US is covered no matter if it's covered at the origin, at a connecting point, or at the destination. To try to apply the rule your way would be to invite endless fighting over where an incident occurred. You're focused on inbound travel, but what if you'd flown from Shanghai to Beijing to the US? Would you want to argue with United about whether the bag was lost in Shanghai, in Beijing by Air China, or in Beijing by UA? Why should it matter?

It's not working out in your favor this time, but there's really no question about the rule. Sorry; I hope UA finds your stuff.
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Old May 17, 2022, 10:31 am
  #10  
 
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https://www.united.com/ual/en/us/fly/contract.html

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Old Jun 12, 2022, 12:52 pm
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This was a first for me -- last week, my husband and I traveled from CDG to ROC via IAD. We only had carry-on bags. We went through customs in IAD and continued through security with our carry-ons.

Our flight to ROC was on an Embraer EMB-145XR. We boarded through one of those satellite gate areas where 5-6 regional flights are parked on the tarmac. Our bags were "gate-checked" which meant we wheeled them out to the base of the stairs to the plane and put them on the metal baggage holder. Both of our suitcases were next to each other on the baggage holder and there were many other bags on the same holder.

We arrived in ROC and were told that all bags (checked and gate-checked) would be delivered to the Baggage Claim carousel. Bags arrived promptly and my suitcase was the 3rd or 4th one that came down the ramp. We waited and waited and ultimately realized that our 2nd bag was not coming. We were the only ones on the flight who "lost" a bag. We filed a claim with a United Baggage Claim employee (who was pulled off the tarmac to assist) and received a File Reference Number before we left the airport.

To date, the only time the bag has been scanned in the last 3 days was at 5:05 PM at Dulles (which is approximately the time we boarded our final flight). Every day, at the exact same time as when I initially filed the lost baggage report, I receive a text from United saying they are working to try and locate our lost baggage. I've been told by the United Baggage Resolution Center representative that I need to wait 5 days and then I can file a lost luggage claim.

Has anyone ever had this happen with a gate-checked bag? It seems completely bizarre to me that one bag made it on the flight but the other didn't. I am trying not to be negative, but I suspect the bag may have been stolen. Hopefully not.

In any case, if I'm reading this correctly, I am subject to the Warsaw Convention rules since the final leg of the flight was part of an international journey, but can someone confirm that I am limited to that coverage?

And, does anyone have experience with how long United takes to settle a claim for lost baggage? Unfortunately, the bag had a large number of clothes and shoes, including items purchases on our trip and I believe we will be very close to the maximum allowed.

Thanks!
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Old Jun 12, 2022, 1:08 pm
  #12  
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Originally Posted by SusanTodd
In any case, if I'm reading this correctly, I am subject to the Warsaw Convention rules since the final leg of the flight was part of an international journey, but can someone confirm that I am limited to that coverage?
The Montreal Convention supplanted the Warsaw Convention a couple of decades ago. But, yes, UAs liability is limited to that.

Originally Posted by SusanTodd
And, does anyone have experience with how long United takes to settle a claim for lost baggage? Unfortunately, the bag had a large number of clothes and shoes, including items purchases on our trip and I believe we will be very close to the maximum allowed.
I believe UA has been giving a flat $1500, no receipts required, after the fourth day the bags been missing. At current rates, I believe thats nearly exactly equivalent to the Montreal Convention limit.
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Old Jun 12, 2022, 2:15 pm
  #13  
 
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If that's the case, it would certainly be easier -- and I have travel insurance that will hopefully cover the balance of the missing items. I have another day to wait until United will declare the bag "lost". I'm going to resist flying these small connecting flights going forward. I always felt that gate-checking was safe, but that's obviously not the case. Thanks for the information.
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Old Jun 12, 2022, 2:34 pm
  #14  
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Originally Posted by SusanTodd
If that's the case, it would certainly be easier -- and I have travel insurance that will hopefully cover the balance of the missing items. I have another day to wait until United will declare the bag "lost". I'm going to resist flying these small connecting flights going forward. I always felt that gate-checking was safe, but that's obviously not the case. Thanks for the information.
In fairness, its extremely rare for gate-checked items to go missing en route. The most common time it happens is when theres a weight issue on the flight and they have to remove some bags from the cargo hold, but were talking tens of thousands of gate checked bags per day, and most days would have zero issues.

Note that UA will continue to search for your bag even after they declare it lost, and youd get to keep the $1500 plus the bag contents if they end up finding it.

BTW, it appears I misspoke; theyre waiting until 5 days have elapsed before declaring it missing. So, two more days. https://www.united.com/web/en-US/con...e/delayed.aspx
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Old Jun 20, 2022, 5:09 am
  #15  
 
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Does UA have 5 days to get the bag to my destination airport or to my requested delivery address?
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