Delayed Luggage claim BA

zaffi

My parents have just returned from a holiday to Las Vegas and Nashville, 12 days total, 8 in Vegas 4 in Nashville.

My dad's luggage didn't arrive until day 6 of their holiday, which kind of ruined Vegas for them.

I want to make a claim against BA not only for expenses but for compensation under EU regulation (EC) # 889/02.

from the section on Baggage Delays

"In case of baggage delay, the air carrier is liable for damage unless it took all reasonable measures to avoid the damage or it was impossible to take such measures. The liability for baggage delay is limited to 1131 SDRs."

My dad's luggage never left Glasgow Airport for 5 days. So I think they are dead to rights.

So my question becomes, how to proceed? BA have an online form for claiming back expenses, do we complete that and also reference the intent to claim against the EU regulation? or would that require a separate letter as the regulation states airline must be contacted within 21 days of receiving the delayed luggage.


TIA
zaf.

jpsartre

Was the baggage damaged on arrival? If not, there are no damages to claim for. He won't get compensation just because the bag arrived late. Tell him to send BA receipts of the things he had to purchase and they should reimburse that without issues.

zaffi

jpsartre wrote: »

Was the baggage damaged on arrival? If not, there are no damages to claim for. He won't get compensation just because the bag arrived late. Tell him to send BA receipts of the things he had to purchase and they should reimburse that without issues.

Ah, I probably should have asked that question too, I wasn't 100% certain what the regulation meant by "damage" for baggage delays, I guess I thought it meant "damages" as in compensation.


As far as I'm aware the case itself wasn't damaged, so it's just a claim for the expenses incurred? no mandatory compensation is due despite the length of time the luggage took to arrive?


Edit: Following on, travel insurance would then be the route to go down?

jpsartre

Let me put it this way, I've never heard of anyone ever being awarded compensation purely on the basis that their bag arrived late. If he makes a big fuss about it to BA they might give him some Avios.