Topic Author
Posts: 36
Joined: Sun Jan 31, 2010 2:31 pm

Passenger Rights For Delayed Luggage

Sun Dec 19, 2010 12:01 am

On thursday December 16, I traveled from MCO - ATL on Delta Airlines flight 28. Departure at MCO was at 12:30PM EST and Arrival 2:10PM EST. That flight had 20 minutes delay and got into Atlanta 30 minutes before departure of my next flight. I got on Delta Airlines flight 28 (Yes, flight 28 again) from ATL - CDG at 3:30 PM EST. We sat on the ground for another 30 minutes and the reason was that we were waiting for last minute luggage to be loaded. We landed at 6:30 am CET at Paris Ch. De Gaulle. I then connected on Air France flight 2630 operated by Air Europa UX 1034. It left delayed at 10:55AM CET and arrived at AGP at 1:36 PM CET.

After a long wait and no luggage showing up I went to the Air Europe desk and filed a report for my two lost pieces of luggage. I was told that my luggage was still in ATL. Now over 24 hours later my luggage has still not arrived and I am now in Spain without any clothes to change into. What am I entitled to?

Steven Meyer
Posts: 3383
Joined: Mon Dec 10, 2001 12:34 am

RE: Passenger Rights For Delayed Luggage

Sun Dec 19, 2010 12:10 am

That is dealt with by Art. 31 of the Montréal Convention, if I am not mistaken.

Usually the airline allows you to spend a limited amount of money for "immediate needs" which technically should not be subject to the conditions of Art. 31. Check the paperwork you have received, usually there is some small print about what they allow you to spend. However, you should check that carefully as I have seen airlines pulling all kinds of stunts when it came to reimbursing those expenses for immediate needs.
Posts: 114
Joined: Tue Jan 11, 2005 10:47 am

RE: Passenger Rights For Delayed Luggage

Sun Dec 19, 2010 1:04 am

Well... first off it is up to the carrier transporting the customer on the final leg - in this case "Air Europa" to handle the claim and provide immediate on the spot handling of interim expenses. That however is at the discretion of UX. Generally, you would want to keep all your receipts. Behind the scenes, the various airlines involved sort out the mess and determine who will be responsible for reimbursement.

Quite honestly, there could be a variety of reasons why the bag didn't make it - and I wouldn't necessarily jump to the conclusion that Delta is at fault here just because someone at UX says they are.

Now... if your bag is never recovered, then compensation is based on the Montreal Convention as posted above

Here are Air Europa's Baggage policies (from their website)

Baggage - Luggage Incidents

If you have experienced an incident with your luggage please accept our apologies. We regret any inconvenience caused.

To process luggage incidents correctly.

• Fill in a Property Irregularity Report: For LUGGAGE claims, it is necessary to go to the Air Europa counter in the airport arrivals hall to inform us of the incident and complete a Property Irregularity Report (PIR) before leaving the airport.

• Keep your original flight documentation: Do not forget to keep your original documentation (ticket, luggage check-in labels and boarding passes, as well as any invoices for essential items that are directly related with the incident in the event of a delay in the luggage arriving) as the company may need to see these.

• Limited liability: Please note that all airlines have limited liability, therefore you may have greater cover if you have travel, business, domestic or all risks insurance.

• If you wish to make a claim: Please note that the PIR completed at the airport is an incident report and does not represent an admission of liability. If you wish to proceed with a claim please send the documentation requested by our Luggage Service as soon as possible, within the periods established on the ticket, i.e. within 21 days of the incident in the event of delay or loss, and 7 days in the event of damage.
A) For DELAY OR LOSS of luggage: If your luggage has been DELAYED from this moment on, we will do our utmost to locate and deliver it to the address you have provided for that purpose. Delivery, however, may be subject to the customs of the country and their presence at the airport may be required by the authorities.

If within 48 hrs the company has not contacted you, please contact our Call Center:
Telephone in Spain: 902 190 271
Telephone outside Spain: 00 34 871 203 089

Fax: (+0034) 971 57 55 27

Opening hours: 8am to 12am (Spanish time) 365 days a year.
For a better location of your luggage during the first week you must send by fax to the number above indicate.

List of the baggage contents.
To formalize your claim, please send a written report by postal letter within 21 days from de date of the incidence including the following documentation:

Claim detailing the value of each separate item together with the invoices, complemented with a final global valuation.
Passport or AID (copy).
Boarding pass/original
Tag number ( bag tag)/original
Ticket (in case of electronic ticket, please, attach proof of purchase)/original.
Bank details (name, address and postcode of your bank and the account’s holder with the SWIFT and IBAN codes).
Invoice of the expenses originated for the late delivery of your luggage (expenses due to basic necessities)/original.
For your safety, we recommend you to keep a copy from all the documentation you have sent.
If you wish you can download the Claim Form for DELAYS OR LOSS of luggage.

To this postal address:

Air Europa
Apdo. 220 CP 07080
Palma de Mallorca

B) In the event of DAMAGE to the luggage, For your convenience, we would like to inform you that you can arrange the repair of your luggage inside or outside Spain regardless of the location where the incident took place, but remember that in both cases there is a limit period of 7 days from the date of incidence to communicate with the company.(In the contacts below indicated)

All airlines have a limited liability, so you would have better coverage if you have a travel, business, or home insurance policy; or a fully comprehensive insurance.

For your own benefit, please remember:

You must report the incidence before leaving the airport. Personnel of the airport must be informed of any additional damage your baggage may have suffered, because once you leave the baggage delivery area, the airline is exempt of any liability and claims will not be accepted. You must also retain all documentation of the flight and damage baggage because it will be required for the arrangements that must be made.

Telephone in Spain: 902 88 22 11
Telephone outside Spain: +34 913 243965
Opening hours: 9am to 21pm (Spanish time) from Monday to Friday.
Posts: 544
Joined: Fri Feb 11, 2005 6:03 pm

RE: Passenger Rights For Delayed Luggage

Sun Dec 19, 2010 10:42 pm

Quoting vfw614 (Reply 1):
as I have seen airlines pulling all kinds of stunts when it came to reimbursing those expenses for immediate needs.

Yes, but it must be equally recognised that some passengers pull all kinds of stunts when it comes to what they class as 'immediate needs'! Let's be fair about such things.
Posts: 5314
Joined: Tue Jan 25, 2005 5:33 am

RE: Passenger Rights For Delayed Luggage

Sun Dec 19, 2010 11:31 pm

well I am on the same situation right now... my luggage is nos over 30 hours delayed and I am sure it will not here very soon due the mess LH has right now in FRA...

I spend for 2 persons nearly 200 usd but really for very very basic items... even not a jeans or some other normal clothes beside underwear... I hope I get my money back

Quoting AirNZ (Reply 3):
Yes, but it must be equally recognised that some passengers pull all kinds of stunts when it comes to what they class as 'immediate needs'! Let's be fair about such things.
Colombia es el Mundo Y el Mundo es Colombia
Posts: 362
Joined: Sun Aug 15, 2010 7:13 am

RE: Passenger Rights For Delayed Luggage

Sun Dec 19, 2010 11:45 pm

I flew with S7 from DUB-DME-KZN (Kazan) in June. In Dublin, I checked in for the entire flight (2legs). Sky Handling Partners In DUB said they can send my way through in Moscow, whey hey!

When I arrive in KZN, there is no bag. I fill out the forms at the airport administration but hear nothing for 5 days, despite calling and calling.

Calling S7, they told me that it wasn't their problem! Eventually, it transpires that my bag is in Tashkent (!) and will arrive to KZN at 4am, 6 days after me, and on Tatarstan Airlines (not even S7!). Meeting it at the airport, they then wanted to take it into storage and charge me 150 euro to collect it at 8am. I kicked up a fuss and persuaded them otherwise!

Turns out however that it was partly my fault because I should have picked it up in Moscow and carried it through customs ('declaring it') Yet SHP, S7 or administration in KZN never mentioned this. A lesson to you all....!
my luggage is better travelled than me!

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