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Delayed baggage.

Nottingham, United...
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9 posts
140 reviews
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Delayed baggage.

We flew Heathrow to Linate - Linate to Bari where we were joining a cruise ship.

Our luggage should have been straight through to collect at Bari but it didn't arrive on our flight.

We didn't receive our luggage until the afternoon of day 7 of our 11 night cruise.

Does anyone know if we are likely to get compensation for lack of enjoyment, inconvenience and embarrassment.

The airline doesn't accept responsibility nor does the booking agent.

We did get an emergency refund from our travel insurers for sundry items.

Help would be very much appreciated.

UK
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49,560 posts
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1. Re: Delayed baggage.

Does anyone know if we are likely to get compensation for lack of enjoyment, inconvenience and embarrassment.

=====

Yes I know, you aren't at all likely*, airlines don't do consequential damages,as will be explained in the terms and conditions you agreed to when you purchased.

* for values of "not at all likely" = fuggedaboudit

Madrid
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3,255 posts
8 reviews
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2. Re: Delayed baggage.

Nor does EU261/2004 cover baggage,so travel insurance is your only hope.

Bangkok
Destination Expert
for Bangkok, Air Travel, Thailand
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15,663 posts
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3. Re: Delayed baggage.

Hi,

Your rights ARE covered under the newer Montreal Convention as this was international travel and both the Origin (O) and Destination (D) countries have adopted and formally ratified it..

There is however, NO statutory rights under Montreal to compensation for issues such as: "lack of enjoyment, inconvenience and embarrassment."

There IS rights for lost and damaged baggage, but not for the three situations you've listed above.

This does not mean the airline can't issue some form of compensation, but unless there is a Convention article or National law that mandates this, any payout would be wholly a discretionary matter.

Travel Safe,

Tees Valley
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12,427 posts
149 reviews
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4. Re: Delayed baggage.

The others have offered great advice on the insurance issues but I doubt whether any amount of money at his stage could recompense for the misery of not having your clothes and belongings on a cruise. How miserable for you.

Hope you managed to enjoy some part of it anyway, cruises tend to be 'dressing up' affairs.

Jules

Nottingham, United...
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9 posts
140 reviews
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5. Re: Delayed baggage.

Many thanks, I now understand more clearly.

Nottingham, United...
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9 posts
140 reviews
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6. Re: Delayed baggage.

Well we always say that whatever happens on any holiday won't spoil our holiday completely. Even if we were to get compensation, which I guess would be a pittance, we wouldn't be able to get the time back. We try to make the most of it.

Bangkok
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for Bangkok, Air Travel, Thailand
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15,663 posts
71 reviews
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7. Re: Delayed baggage.

Hi,

That's probably the best use of your time at this point given what your case appears to be..

Loss and damage issues are very well addressed by rules or contract, but delayed bags are just not something that has the same level of legal/contractual protections.. I suspect that this is rooted in the fact that you can't establish a firm, objective economic value on ones time, level of inconvenience or embarrassment...

Perhaps in time that will change as the regulatory tide is constantly shifting relative to the conditions at that time, and other societal and political realities.

If you do want to pursue it, I'd do it after vacation; and ask for something that has a low(er)-cost to the carrier, but can be of value to you-- like a travel credit or mileage..

both of these can be of value to you, but have a low(er) cost to the carrier than cash, which is the most expensive form of compensation. Miles and travel credits have a rather low "cost" to the carriers, while cash is of course a $1:$1 proposition.

This makes it 'easier' for the carrier to approve your discretionary request as their cost to meet your request is low..

Travel Safe,

Nottingham, United...
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9 posts
140 reviews
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8. Re: Delayed baggage.

For information I picked up advice from WHICH and subsequently obtained compensation from the booking agent, which is what I thought in the first place. We also received compensation from the airline for the distress travellling through the airport and not receiving our luggage.

Of course all was without prejudice and our acceptance was for full and final claims.

We are please with the outcome.

London, United...
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27,178 posts
29 reviews
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9. Re: Delayed baggage.

That's good news, can you say how muchmand in what form? ie cash or discount off future travel or airline ff miles etc. It's unusual for an airline and a booking agent to compensate over and above the statuary requirements, so good to quantify what you received.

Nottingham, United...
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9 posts
140 reviews
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10. Re: Delayed baggage.

Both cash - we think fairly substantial, we could have gone for more but we didn't want further upset and bother. The booking agent arranged both so each company was aware of what we received.

Edited: 13 December 2012, 23:34