Lost baggage compensation after it is ultimately returned

[heycam]

Last month, I had a work trip that took me MEL-PER-CDG, then CDG-LHR-SFO, then back home SFO-SYD-MEL. I checked in my two bags at CDG for my BA flights through to SFO, but only one of them arrived with me. My lost baggage timeline:

• 7 September – flight to SFO, reported bag missing
• 29 September – filed lost baggage compensation claim on BA site
• 2 October – receive an email from Fedex saying they had my bag (in a distribution centre in Phoenix)
• 15 October – I receive my bag here in Melbourne

There's been no movement on my submitted claim since I made it. But now I wonder: am I still entitled to compensation from BA for the lost baggage since it was missing for more than 21 days, even though I now have it back?

The Montreal convention says:

If the carrier admits the loss of the checked baggage, or if the checked baggage has not arrived at the expiration of twenty-one days after the date on which it ought to have arrived, the passenger is entitled to enforce against the carrier the rights which flow from the contract of carriage.

so I suppose I am, though I didn't read very closely. I'm also curious in practice whether airlines follow through in cases like this where the bag has ultimately been returned despite being "lost".

 

[sudoer]

But now I wonder: am I still entitled to compensation from BA for the lost baggage since it was missing for more than 21 days, even though I now have it back?

It's very easy to make the argument you are still entitled to it. Lost baggage compensation is to remburse you for the cost of clothing and other essentials for your trip.

 

[heycam]

I thought that was a separate claim, for clothing and essentials while the baggage is missing while I'm away, before the 21 day mark at which it's classified as "lost".

 

[justinbrett]

I thought that was a separate claim, for clothing and essentials while the baggage is missing while I'm away, before the 21 day mark at which it's classified as "lost".

Yes, before that it’s delayed bags.

I was under the understanding that once the bags are declared lost and compo is payed, they are not required to return them to you as they become the property of the airline.