What happens when an Airline( Emirates ) misplaces your luggage?

thor

My brother flew out to India with Arab Emirates last week and discovered to his horror that they had misplaced his suitcase. He was told that if they do not manage to get it to him within 3 days then to give them a ring and also fill out a form that he was given.
After 3 days nothing had turned up so he tried to call them but was unable to get through. It was at this point that he phoned me to let me know what had happened and asked if I could do anything from here in the UK.
I plan to give them another couple of days to see if they find his luggage before ringing them up to ask what the heck was going on. I would just like to is there a standard protocol for this type of situation(this must happens thousands of times per day all over the world) and what would be the best course of action to take. He had quite a few valuable items in his suitcase as well as personal stuff such as clothes, gifts etc.

dealsearcher

Normally he would have received some compensation at the time for the inconvenience. If the bag turns up it will be delivered to the address given to the airline. If it does not turn up then he is entitled to further compensation. He should also be able to claim from his travel insurance.

Whatever happens considering what has happened a strong letter should be sent to their customer service.

Nordictat2

Compensation should have been given and like dealseracher said.. if the luggage was/is found should be delivered to the address where your brother is staying!

thor

He is staying in the North East of India in a state called Assam. I called the emirates UK office and they said that he has to sfill out a form they gave him and get it to their office. The problem is that to deliver it personally he would have to fly to Calcutta. I've managed to get a couple of phone numbers for this office so he is going to give them a go and see if he can fax over the required documents.
Unfortunately I don't think he has travel insurance and even if he did I don't think they would pay out. The foreign office do not advise travel to this region and I believe this means insurance companies won't provide cover.

withabix

dealsearcher wrote: »

He should also be able to claim from his travel insurance.

Unfortunately, your travel insurance DOES NOT cover you whilst your luggage is in the care of the airline - ie between airport check-in/baggage drop and the luggage carousel at the other end.

It's one of those strange exceptions - the airline is liable during this period.

The Montreal Convention governs this.

Liability is limited to £820 approx and you should NEVER put valuables in your suitcase because of this.


Destruction, loss or damage to baggage
The air carrier is liable for destruction, loss or damage to baggage up to 1,000 SDRs (approximately £820 or EUR 1,230). In the case of checked baggage, it is liable even if not at fault, unless the baggage was defective. In the case of unchecked baggage, the carrier is liable only if at fault.


Higher limits for baggage

A passenger can benefit from a higher liability limit by making a special declaration at the latest at check-in and by paying a supplementary fee.


Complaints on baggage

If the baggage is damaged, delayed, lost or destroyed, the passenger must write and complain to the air carrier as soon as possible. In the case of damage to checked baggage, the passenger must write and complain within seven days, and in the case of delay within 21 days, in both cases from the date on which the baggage was placed at the passenger's disposal.


Liability of contracting and actual carriers

If the air carrier actually performing the flight is not the same as the contracting air carrier, the passenger has the right to address a complaint or to make a claim for damages against either. If the name or code of an air carrier is indicated on the ticket, that air carrier is the contracting air carrier.


Time limit for action

Any action in court to claim damages must be brought within two years from the date of arrival of the aircraft, or from the date on which the aircraft ought to have arrived.


Basis for the information

The basis for the rules described above is the Montreal Convention of 28 May 1999, which is implemented in the Community by Regulation (EC) No. 2027/97 (as amended by Regulation (EC) No. 889/2002) and national legislation of the Member States.

unsure

KLM/Northwest lost our luggage for three days a couple of years ago when we travelled to Atlanta. They were hopeless (will never fly them again) and offered us only "emergency kit" of toothbrush/paste etc. They did acknowledge they might have to pay some compensation but would not consider it until the luggage arrived!!! We needed to replace socks/underwear etc immediatley and so called our insurance people who permitted I think abou £50 per person per day (with receipts) which was better than we'd have got from the airline anyway. We raided Old Navy and kitted out the kids ...and then the next day the luggage finally turned up!
Insurance company were as good as gold and paid up pretty promptly when we returned and sent them receipts. There was a small excess to pay. Clearly some insurance companies do cover this...but sadly I can't remember who were with except that it was an annual family travel policy. Well worth checking the details of your policy.
It'll still be a hassle but at least you can take care of immediate needs. I know it doesn't help in this case but it may for others in future. I would never travel without decent insurance cover.

thor

Right I have just got off the phone from my brother and they have still not returned his luggage. He called the numbers he was given and he only gets an automated message declaring they are Emirates Airline, nobody actually answers the call. The did not even give him any inconvenience compensation when they told him that his baggage was misplaced.
It has been 7 days now so in light of the Montreal convention provided by withabix is it time to write a letter of complaint so that he can ask for proper compensation.
I have looked at the Emirates website and there does not appear to be any guidelines on what to do in the event of lost luggage. Is this because they don't want anone to know how they could make a claim? Do other airlines act similarly?

Voyager2002

Very strange...

I have often had to contact Emirates while in India, and never had any difficulty speaking to a human. I suggest that you ask him to call the number for Skywards (their frequent flyer club) from their website. He is likely to be connected immediately to a highly professional, service-oriented person who will know the airline's procedures and work to find a solution.

If that doesn't get his suitcase back, I would suggest trying to charm them rather than firing off a letter of complaint. In this situation he has very limited rights, so it would be better to encourage them to give more than they have to.

thor

Just updating.
I fired off an email about the luggage situation to the emirates in kolkata and got a reply saying that they would be forwarding it on to the concerned baggage handlers. Then my brother called me to tell me that they had got in contact with him and would be sending his bag over to the local airport for him to pick up. I think he is going for it tommorrow so maybe it has finally been sorted.

nico26

Thats good thor.

arunadasi

Hmmm. Really, they should deliver it to him wherever he is.
Once, an ariline lost a piece of baggage when I went to India, I think it was Lufthansa. It was delivered to me the next day -- way, way off the beaten track, about four hours from the airport, in a rural area.
Your brother should insist that it is delivered to him, or else they pay for his travel by taxi to the pick-up point, and pay for his time.