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joseph99 Posted on 16/11 10:48
Airline liability - lost/tampered wth luggage

BA lost my luggage earlier this week for a couple of days. I arrived in the US on Sunday evening and finally met up with my luggage on Tuesday evening. I had meetings (with key clients)scheduled on Monday and Tuesday. I had travelled in Jeans and trainers - all my business attire (and obviously toiletries) being with my luggage. I was forced to go shopping on Monday first thing and bought replacements, kept all receipts. I know BA will compensate me but does anyone know if they pay up without a fuss. I believe they are liable up to ~ $1500USD.

I also noticed that my luggage had been opened and tampered with(I assume to be seaarched) - it appears that nothing's gone missing. Fookin annoying though. I have heard Heathrow is bad for luggage thefts so hence there was nothing valuble inside.

bandito Posted on 16/11 10:52
re: Airline liability - lost/tampered wth luggage

I though BA didnt like flying. Didnt he used to get whacked over the head with a big stick?

mr_r_soles Posted on 16/11 10:53
re: Airline liability - lost/tampered wth luggage

They'll be pictures of BA staff wearing your Batman undies plastered all over the internet.

Bri_Marwood Posted on 16/11 10:56
re: Airline liability - lost/tampered wth luggage

Under the amended Warsaw convention the airlines liability to you for lost luggage is a mere $20 per kilo maximum regardless of value.

So, for instance, your case weighed 20 kilos you can expect to claim no more than $400.

I won't tell you what that is in sterling, you can do the math, go figure

smoggieinmanc Posted on 16/11 10:58
re: Airline liability - lost/tampered wth luggage

Our lass is an air hostess, she was in Florida with work, checked in to work the flight back to the UK, when she collected her case when she got back home, US customs has forced open her case to search it without her knowing and left a card inside it saying they had searched her case. They had forced it open and broken all the built in locks and the case is useless now, its worth over 100!!

I was fuming, cheeky yanks, dont even know who you could try and get money back from for it!!

joseph99 Posted on 16/11 11:03
re: Airline liability - lost/tampered wth luggage

Bri - I hope it is more than that FFS

smoggie - claim from the airline carrier.

smoggieinmanc Posted on 16/11 11:06
re: Airline liability - lost/tampered wth luggage

joseph, the airline carrier is her employer and they said they will only pay for a repair of the case upto a certain value!! I think its shocking that they are allowed to just search your case without you being there!

PinkPonce Posted on 16/11 11:08
re: Airline liability - lost/tampered wth luggage

Hi Joseph, as a weekly flyer from heathrow I know the European Commission Air Passenger rights like the back of my hand!! I try for free stuff all the time! lol.

With regards to baggage, the rules are pretty simple:

YOu can only claim UPTO 840 Euros for damages caused by the destruction, damage loss or delay of your luggage on a flight by an EU airline any where in the world. If the airline doesn't agree with your claim, you may take them to court. If they accept liability then they may pay - but don't expect the full amount. YOu will in all honestly receive a reimbursment of expense. Make sure you fight for your inconvenience.

I think you have to register your claim within 7 days for damaged baggage and you persoanlly have 21 days for delayed baggage. Get your claim in sharpish, make sure you keep the receipts.

Because the case was opened doesn't mean a thing. they will automatically check random cases and must do by aviation law i believe.

Good luck kid.

--- Post edited by PinkPonce on 16/11 11:11 ---

Bri_Marwood Posted on 16/11 11:10
re: Airline liability - lost/tampered wth luggage

Joseph, sorry mate, no. That is the limit of their liability.

Also, as they recovered your luggage eventually, nothing was lost so you will get NOTHING from them, trust me.


Notice of Baggage Liability Limitations

Liability for loss, delay, or damage is limited unless a higher value is declared in advance and additional charges are paid. For most international travel (including domestic portions of international journeys) the liability limit is approximately $9.07 per pound ($20.00 per kilo) for checked baggage and $400 per passenger for unchecked baggage. For travel wholly between US points, Federal rules require any limit on an airline's baggage liability to be at least $2,800 per passenger. Excess valuation may be declared on certain types of articles. Some carriers assume no liability for fragile, valuable or perishable articles. Further information may be obtained from the carrier.

PinkPonce Posted on 16/11 11:16
re: Airline liability - lost/tampered wth luggage

I know this is completely different, but it shows that you can win in some cases.

When we played spurs at home, I had stayed down london on the friday night for a night out and was flying home on the first flight on saturday morning.

I had an itinery detailing that my flight was 08:55 from LHR. I arrived at 8:10 to check in and they told me that the flight left at 7:55 and I'd missed it. They didn't accept liability. However, I managed to prove that they didn't advise me of THEIR time change and they are having to reimburse my company with the expenses (133 quid of heathrow ex, tube, train to darlo, taxi home and refreshments). I have pushed for more due to the inconvenience they caused me and told them that as a season ticket holder, I missed a pre paid game at home to spurs (I didn't - i made it home for 1:30).

As a result, they are also paying for an away game (arsenal or Newcastle) as a gesture of good will.

THank you very much.

joseph99 Posted on 16/11 11:32
re: Airline liability - lost/tampered wth luggage

Bri - see link.. In fact on their website it specifies that extent is not related to weight:

"The extent of airline liability is not based on the weight of the bag nor its value. British Airways does not accept liability for fragile, valuable, perishable articles or baggage which is packed in damaged or unsuitable containers."

On extent of liability:

"In case of baggage delay, the air carrier is liable for damage unless it took all reasonable measures to avoid the damage or it was impossible to take such measures. The liability for baggage delay is limited to 1,000 SDRs (approximately 820 or EUR1,230). "

Link: liability

Bri_Marwood Posted on 16/11 11:35
re: Airline liability - lost/tampered wth luggage

I will apologise, I didn't realise BA were no longer hiding behind the AWC with respect to baggage.

Good on them!

joseph99 Posted on 16/11 11:42
re: Airline liability - lost/tampered wth luggage

Fook me Bri, $400 dollars wouldn't have covered my Hugo Boss shirt. Seriously, I had an hour in Nordstrom (reasonably up market shop in the nearby Mall) to get a rig out (as my mam would say) - felt like a trolley dash. American clothes are gash - just too baggy and they don't feel right - so I had opt buy European design.

Salford_Boro Posted on 16/11 12:05
re: Airline liability - lost/tampered wth luggage

American clothes are gash - just too baggy and they don't feel right - that's because the vast majority of them are slighty fatter than the rest of the world

Towell Posted on 16/11 12:09
re: Airline liability - lost/tampered wth luggage

Don't fly from Heathrow it's a nightmare.

Ricard00 Posted on 16/11 12:17
re: Airline liability - lost/tampered wth lug

smoggiemanc, there are big signs all over US airports telling people not to lock their bags as they may be searched regardless.

Go figure, they broke into a locked one...

Seems fair enough to me.

bandito Posted on 16/11 12:37
re: Airline liability - lost/tampered wth lug

I aint gettin on no plane fool