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.

 

[heycam]

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.

I would've been OK with that. Mentally I'd already moved on from my old clothes! But it's really the converse I'm wondering about: the bag was deemed lost due to being missing for 21 days, but it was returned to me after that. Am I within my rights to insist I'm paid for the bag and its contents despite having it back?

Actually I just checked the case status and it says it's closed, with an email to me telling me the resolution, which I don't remember receiving. A phone call might be my next step, if I can get through.

 

[justinbrett]

I would've been OK with that. Mentally I'd already moved on from my old clothes! But it's really the converse I'm wondering about: the bag was deemed lost due to being missing for 21 days, but it was returned to me after that. Am I within my rights to insist I'm paid for the bag and its contents despite having it back?

Actually I just checked the case status and it says it's closed, with an email to me telling me the resolution, which I don't remember receiving. A phone call might be my next step, if I can get through.

The way I understand it is the onus is on you to make the lost claim while the bags haven’t been found. Then the airline stops looking and pays you.

Because you didn’t you’re not entitled to make that claim as you have your bags.

The QF website is pretty clear on this (here) and I’d imagine BA would be very similar.

 

[MEL_Traveller]

I would've been OK with that. Mentally I'd already moved on from my old clothes! But it's really the converse I'm wondering about: the bag was deemed lost due to being missing for 21 days, but it was returned to me after that. Am I within my rights to insist I'm paid for the bag and its contents despite having it back?

Actually I just checked the case status and it says it's closed, with an email to me telling me the resolution, which I don't remember receiving. A phone call might be my next step, if I can get through.

Yes, you are entitled to compensation for al, the clothes you bought that weren’t ‘essential’ (ie subject to an immediate daily limit following the initial loss).

There are arguably other items you purchased, which wouldn’t be considered ‘essential’, but you have spent money on. Replacing a second pair of trousers, new swimming trunks, or new shirts, etc.

 

[heycam]

Because you didn’t you’re not entitled to make that claim as you have your bags.

I reported the bag missing on Day 1 (at the baggage desk in the airport). On Day 22 (or maybe Day 23), I submitted the compensation claim with the itemized list of items in the bag and their costs, well before I got my bag back. I think that was the right procedure to follow?

Yes, you are entitled to compensation for al, the clothes you bought that weren’t ‘essential’ (ie subject to an immediate daily limit following the initial loss).

OK now I wonder whether I have claimed for the right things. What I submitted in my claim, post Day 21, was everything that was in the bag plus the bag itself. I fished out as many receipts as I could for those items as evidence. What you're saying sounds like I instead should have bought replacements for everything that was in the bag, and submitted the receipts for those? I did buy replacements a couple of weeks ago, before the bag arrived, for some but not all of the items.

 

[justinbrett]

Yes, you are entitled to compensation for al, the clothes you bought that weren’t ‘essential’ (ie subject to an immediate daily limit following the initial loss).

There are arguably other items you purchased, which wouldn’t be considered ‘essential’, but you have spent money on. Replacing a second pair of trousers, new swimming trunks, or new shirts, etc.

But that is compensation for delayed bags, not lost. Two different things requiring two different claims.

I reported the bag missing on Day 1 (at the baggage desk in the airport). On Day 22 (or maybe Day 23), I submitted the compensation claim with the itemized list of items in the bag and their costs, well before I got my bag back. I think that was the right procedure to follow?

Sorry missed that you claimed it. But they had found your bag within 3 days of your claim (or even earlier, your email was when FedEx received it) so likely they hadn’t processed it before they found it. The clock stops when the bags are found, not when they’re returned to you.

The purpose of the compo is to make up for never getting your bag back, so either way it’s a moot point. You have your bag. I wouldn’t waste any more time thinking about it (but perhaps you can still get compo for the delay).

 

[MEL_Traveller]

But that is compensation for delayed bags, not lost. Two different things requiring two different claims.

Indeed.

I was referencing the two separate claims. Immediate purchases following initial bag loss. And then the compensation for all the things not considered ‘essential’ that had to be replaced and which would exceed normal daily limits.

The extra pair of trousers, shirts or bathers would fit into that category. That’s justification for claiming the lost bag compensation even though it might have been found later.

 

[robbo135]

The purpose of the compo is to make up for never getting your bag back, so either way it’s a moot point.

Yep in this case, the delayed bag was returned, so why would the OP get compensated for the value of the bag that they eventually got back? From a legal perspective, what actual loss was incurred given the OP was separately reimbursed for the items the OP had to buy whilst the bag wasn't with the OP?

If the OP wants to claim for the inconvenience caused then that's a separate matter which The OP can pursue should they feel that ythey are entitled to, but I won't go down that legal slippery slope.

 

[MEL_Traveller]

Yep in this case, the delayed bag was returned, so why would the OP get compensated for the value of the bag that they eventually got back? From a legal perspective, what actual loss was incurred given the OP was separately reimbursed for the items the OP had to buy whilst the bag wasn't with the OP?

If the OP wants to claim for the inconvenience caused then that's a separate matter which The OP can pursue should they feel that ythey are entitled to, but I won't go down that legal slippery slope.

The ‘loss’ was all/any extra clothes purchased that fall outside the ‘essential’ category. Agree ‘inconvenience’ is likely a separate issue, But the cinoensation for the lost bag might go some ways towards that.

 

[nancypants]

Assuming you filed a claim with BA, and it looks a bit like you might have filed 2 claims? I will quote a post by the esteemed corporate wage slave on FlyerTalk (I don’t think he has an account here)

There is - unfortunately - a huge backlog of complaints, stretching back 6 months. From what I can make out, there is a bot that goes around deleting duplicated complaints because there are just so many of them. If you are a BAEC member you should be able to see open complaints here by loggging into your account and then going here:

ba.com/complaints

If you are not a BAEC member and you are sure BA have got at least one open complaint (I am not sure from the wording if that is the case) then it's just a waiting game. If you put in a more detailed complaint, rather than just the form, these seem to be taking the longest.

After 8 weeks you should complain to CEDR. It's an online service, free of charge (though there is incorrect reference to a £25 charge) and though it's not a quick process either, at least you get a clear audit trail and regular updates.

If you don't mind sinking the legal fees - £70 initially - then MCOL is the fastest way to get refunded. I cannot see BA defending the case and there are strict deadlines involved. BA will have to refund the legal fees (and don't forget to charge them interest too, something they have a company policy against but it gives you leverage). If more people did this then something would be done about it, at the moment there seems no clear way to get BA to handle complaints in a professional way.