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British Airways compesation

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  • visidigi
    visidigi Posts: 6,575 Forumite
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    I think you're referring to the Warsaw Convention.

    Its the Montreal Convention, not the Warsaw Convention.

    http://www.britishairways.com/travel/montrealconv/public/en_gb

    Destruction, loss or damage to baggage

    The air carrier is liable for destruction, loss or damage to baggage up to 1,131 SDRs (approximately £1,000 or EUR1,230). 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.

    To go in the hold it would need to be checked, therefore they are liable.
  • Pollycat
    Pollycat Posts: 35,827 Forumite
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    bod1467 wrote: »
    I'm surprised OP wasn't one of the early boarders. Parents with babies and toddlers tend to be among the first to board.

    I'm surprised about a lot of things, as well as the point you make.

    Why didn't the OP transfer the very important stuff she says was in the removed hand luggage into the one she was keeping with her?

    Did the OP report this bag missing officially?

    Why did the completion of a survey (see quote from OP in my post #10) trigger £190 compensation?

    It would be extremely good if the OP came back and answered some of the questions and cleared up some of the points raised.
  • shaun_from_Africa
    shaun_from_Africa Posts: 12,858 Forumite
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    edited 2 January 2012 at 2:54PM
    But it was BA who said it had to go in the hold. So its BA's responsibility.
    But who packed the bag?
    Quoted from the first post: I had two hand luggage but it appeared there was not enough space on the cabin for one of them. So the attendant took it somewhere else.

    Therefore the plane had too much hand luggage and therefore the OP was required to move it elsewhere. Had they boarded the plane earlier than other passengers it would have had been someone else affected.
    The plane may have had too much hand luggage to allow passengers to take more than they were entitled to.
    As a result of forcing the op to be separated from their bag they had a duty of care to return it. They didn't, they are liable.
    They didn't force the OP to attempt to take excess carry on baggage, nor did they force them to check in a bag containing valuable items as they could have removed these or repacked their 2 bags.

    BA have admitted liability for the missing bag. What they haven't done is to admit liability for checked in items that are specifically excluded from loss or damage. Items which were placed in the bag and not removed by the OP when they were told one bag had to go in the hold.

    If the OP was flying economy then it is their responsibility to check up on their baggage entitlement and to ensure that they comply with this.
    Because of their failure to do this, one bag had to be taken off them. One bag which they could have removed valuables from before handing it over.

    the ONLY reason this needed to go below was too much luggage on the plane
    You keep stating this, but it may well be that the ONLY reason it had to go below was because there wasn't enough room in the cabin to allow people to take more then their carry on entitlement.
  • shaun_from_Africa
    shaun_from_Africa Posts: 12,858 Forumite
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    edited 2 January 2012 at 2:55PM
    bod1467 wrote: »
    I'm surprised OP wasn't one of the early boarders. Parents with babies and toddlers tend to be among the first to board.

    They may have been, but if the boarding staff knew that the aircraft was filled to capacity then they may have still limited the passengers to one bag to ensure that those following the rules who were boarding later still managed to get their bag on board.
  • visidigi
    visidigi Posts: 6,575 Forumite
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    But who packed the bag?

    Willie Walsh? :D The customer of course, but the customer boarded the plane and was accepted the circumstances changed when there was too much luggage on board, not the fault of the OP as she had been accepted on the plane.
    The plane may have had too much hand luggage to allow passengers to take more than they were entitled to.

    How do you know it was more than they were entitled to? I am not making that assumption here, just going on the responsiblities of the airline once the passenger left the boarding gate for the plane - the point where generally the airline accepts the passenger on board, luggage and all.

    Different classes and routes have different allowances.
    They didn't force the OP to attempt to take excess carry on baggage, nor did they force them to check in a bag containing valuable items as they could have removed these or repacked their 2 bags.

    Again, where does it say they had excess? The removal of the bag was due to the plane being overfilled with hand luggage - that situation is not of the OP's doing - that situation is due to the airlines - who's to say other passengers didn't have too much hand luggage which forced the OP's off?

    It seems others are pointing the finger at the OP without having the facts.
    BA have admitted liability for the missing bag. What they haven't done is to admit liability for checked in items that are specifically excluded from loss or damage. Items which were placed in the bag and not removed by the OP when they were told one bag had to go in the hold.

    Again, if I packed to take hand luggage I wouldn't even think about what I put in it incase it might have to go in the hold. If the plane is on final call you have time to change the bag over, but if the plane is closing and pushback would be delayed by a repack the airline wouldn't let that happen.
    If the OP was flying economy then it is their responsibility to check up on their baggage entitlement and to ensure that they comply with this.
    Because of their failure to do this, one bag had to be taken off them. One bag which they could have removed valuables from before handing it over.

    Again - the OP packed a bag which BA accepted on the flight - it wasn't because the OP had too much hand luggage, it was because there was no space on board. If you are the last passenger on then they will ask you to put a bag below, they are not going to go through economy and ask each passenger how many bags they have and move them below.
    You keep stating this, but it may well be that the ONLY reason it had to go below was because there wasn't enough room in the cabin to allow people to take more then their carry on entitlement.

    I keep stating it because its one of the few facts the OP has actually made and it is valid to the issue at hand. The OP has had to move a bag below, not necessarily because she had too much hand luggage, but potentially because other passengers did (hence the cabin being full) so why should she be unfairly treated?
  • I think that we'll just have to agree to disagree on this issue vis.

    We both have our opinions and to be honest, I don't think either of us is going to change them. (unless of course the OP returns and gives a few more facts such as class of travel etc).
  • visidigi
    visidigi Posts: 6,575 Forumite
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    agreed and fair statement, without further facts its merely lively discussion :D
  • bod1467
    bod1467 Posts: 15,214 Forumite
    visidigi wrote: »
    If you are the last passenger on then they will ask you to put a bag below

    Which was why I asked my question - parents with babies/toddlers are not usually last on board (unless they are late).
  • unholyangel
    unholyangel Posts: 16,866 Forumite
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    bod1467 wrote: »
    Which was why I asked my question - parents with babies/toddlers are not usually last on board (unless they are late).

    Some airlines do reversed boarding. It used to be the norm that parents and kids, disabled etc got on first.......some do it the other way where they get on last.
    You keep using that word. I do not think it means what you think it means - Inigo Montoya, The Princess Bride
  • Handsome90
    Handsome90 Posts: 505 Forumite
    visidigi wrote: »
    I do not disagree with you, except BA put the bag in the hold, not the passenger.

    Once on the plane its much harder to repack the bag. But note - the ONLY reason this needed to go below was too much luggage on the plane - if the plane was half full the bag would have stayed in the cabin.

    Completely Agree with you. Imagine she opened her bag in the aisle of the aircraft, blocking everyone from boarding and going to their seat.
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