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Lost now found suitcase Emirates - Compensation?

My suitcase went missing recently following a flight from Dubai to Muscat, Oman. I was consequently without all my clothes, shoes etc etc for the following two weeks of a rather special holiday in Oman and Jordan following my husband's retirement. The suitcase was returned to UK a week after my return (three weeks after it vanished).

I'll claim from my insurance co which will cover emergency replacement of clothes toiletries etc (which won't cover the total spent), but I also want to claim something for inconvenience and distress from the airline, Emirates.

From what I've read I suspect it may be difficult to obtain compensation without a claim to court. Has anyone had experience of making such a claim to this airline? Should I be thinking of a certain amount per day? Any tips gratefully received.
if i had known then what i know now
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Comments

  • photome
    photome Posts: 16,647 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Bake Off Boss!
    From what I have read you are not entitled to compensation from the airline as long as your luggage is in the same condition as when you last saw it. It was delayed, not lost.

    It looks like it is your insurance company you should be chasing.
  • Incapuppy
    Incapuppy Posts: 5,713 Forumite
    Aaaah, good old 'compo culture'
  • Quiet_One
    Quiet_One Posts: 234 Forumite
    Part of the Furniture Combo Breaker
    edited 18 May 2010 at 6:38PM
    So the airline can make your suitcase dissapear for the entire length of your holiday and not pay a penny in compensation for upset and distress caused?
    if i had known then what i know now
  • photome
    photome Posts: 16,647 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Bake Off Boss!
    Quiet_One wrote: »
    So the airline can make your suitcase dissapear for the entire length of your holiday and not pay a penny in compensation for upset and distress caused?

    It seems that way yes. that is why you have insurance.

    What is the cost to you for your upset and distress.
  • Pollycat
    Pollycat Posts: 35,702 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Savvy Shopper!
    When American Airlines 'misplaced' one of my sister's cases on a trip from Manchester to Vancouver via Dallas, the airline told them to buy essentials (my BIL had to keep negotiating this amount upwards the longer the case stayed missing, they eventually found it still in Manchester the evening before they flew home) - but were told to pay for the stuff, keep receipts and claim back from AA.
    AA paid for those essentials rather than my sister's insurance.

    I notice you say
    I was consequently without all my clothes, shoes etc etc for the following two weeks of a rather special holiday in Oman and Jordan following my husband's retirement.

    it doesn't help you now but it's really sensible to split clothes/shoes between cases.
    If, as happened to you, one case goes missing for a long period, you both at least have something to wear.
  • phatbear
    phatbear Posts: 4,057 Forumite
    Part of the Furniture 1,000 Posts Photogenic Name Dropper
    Would the compensation for distress and inconvenience change anything, apart from your financial well being???

    This claim culture does my head in, dont get me wrong you if you needed to purchase items then of courseyou should get the money back for it but how the heck do you measure distress?? and how do you then put a figure on it?
    Live each day like its your last because one day you'll be right
  • roses
    roses Posts: 2,333 Forumite
    Part of the Furniture Combo Breaker
    You should get compensation because you had to buy extra as you had no clothes for your entire holiday.

    http://www.flightmole.com/baggage_delay.htm
  • Pollycat
    Pollycat Posts: 35,702 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Savvy Shopper!
    I think the OP is looking not just for reimbursement of the costs incurred in having to buy new clothes/shoes (although she seems to be going through her insurance rather than the airline) but also to 'compensate' her for distress/inconvenience - and from what I've read on flightmole that's going to be very difficult for her to progress.
  • If on arrival your baggage is missing or damaged, raise the matter at the airport. There usually is a baggage enquiries (or similar) counter in the baggage reclaim area, i.e. before you exit into the airport's public area. The agent there will complete a PIR (Property Irregularity Report) which will form the basis of any subsequent claim against the airline.

    The airline should re-imburse you, as has been pointed out above, for reasonable expenses for emergency purchases of toiletries, clothing etc. This will also apply if your suitcase subsequently turns up.

    No claim exists for distress or inconvenience. Some airlines, depending on their culture, the cost of your ticket, or your possible frequent flyer status with them may consider a small goodwill gesture although this would likely take the form of a voucher or some extra air miles.

    The claim against your insurance is secondary to that against the airline and I am surprised that your insurance has not pointed this out to you. They would come in once the baggage is no longer in the care of the airline (e.g. if it gets stolen after you have collected it) or, in the case of a loss, if the value of the items in your suitcase exceeds the airlines' (weight-based) claims limit.
  • Quiet_One
    Quiet_One Posts: 234 Forumite
    Part of the Furniture Combo Breaker
    edited 19 May 2010 at 7:18PM
    phatbear wrote: »
    Would the compensation for distress and inconvenience change anything, apart from your financial well being???

    This claim culture does my head in, dont get me wrong you if you needed to purchase items then of courseyou should get the money back for it but how the heck do you measure distress?? and how do you then put a figure on it?

    When you are on an expensive holiday which you save for and end up spending half of your holiday without your belongings due to the airline 'misplacing' my luggage then yes I should be more than entitled to claim money for distress/inconvinience etc. caused by their stupid error.
    if i had known then what i know now
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