Baggage delay compensation

skyranger

Hi

During the summer.  My baggage didn’t arrive back on the return flight.  I eventually got it back 2 weeks later but in the meantime I had to buy relevant replacements etc.  It just arrived with no explanation on my doorstep one day.

I raised a claim with my insurance company who eventually 3 months later stated that I was not due any compensation of delayed baggage due to it being on the return flight.

I have argued that it does not state this in their T&Cs and the only aspect states:

1. We will pay you up to the amount shown in the schedule of bene­ts for the accidental loss of, theft of or damage to baggage and valuables during your trip. The amount payable in the event of a total loss, will be the value at today’s prices less a deduction for wear, tear and depreciation (loss of value), or we may replace, reinstate or repair the lost or damaged baggage and/or valuables. The maximum we will pay you for any one article, pair or set of items articles is shown.

I have continued my complaint based on the fact nowhere in the T&C’s does it state this does not apply to the return part of the trip.  

Speaking with a friend who has contractual knowledge they have said it should explicitly state that unless it is an obvious presumption.

I think I have a case but wondered if it’s just common knowledge that the insurance policy doesn’t count for baggage on the return trip?

eskbanker

That clause only relates to "accidental loss of, theft of or damage to baggage and valuables during your trip", rather than delays as such, so you'd need to locate anything offering coverage for emergency purchases needed specifically because of delay.  Such clauses will sometimes include reference to the outbound journey only, but if there isn't such a clause, then I don't believe you can rely on the wording that relates to a different risk - which company is it?

Caz3121

pretty common I think, My experiences with airlines is that they take this stance also. Bag delayed on the outbound and you purchase essential items, keep receipts and submit claim. Bag delayed on the return leg = nothing (they assume you will have access to spare clothes, toiletries etc at home)

onashoestring

As above - the section of the T&Cs you have quoted are not relevant to your claim. The T&Cs you have quoted relate to TOTAL LOSS - your items were returned to you so not completely lost. You will need to check your policy for the T&Cs regarding replacing items before your luggage was returned. Most policies require you to wait 14 days after your return flight to see if luggage is found.
 

It’s worth checking your airline’s policy on delayed luggage to see if you are entitled to claim for replacement items - but I think it’s unlikely.

DullGreyGuy

skyranger said:

Hi

During the summer.  My baggage didn’t arrive back on the return flight.  I eventually got it back 2 weeks later but in the meantime I had to buy relevant replacements etc.  It just arrived with no explanation on my doorstep one day.

I raised a claim with my insurance company who eventually 3 months later stated that I was not due any compensation of delayed baggage due to it being on the return flight.

I have argued that it does not state this in their T&Cs and the only aspect states:

1. We will pay you up to the amount shown in the schedule of bene­ts for the accidental loss of, theft of or damage to baggage and valuables during your trip. The amount payable in the event of a total loss, will be the value at today’s prices less a deduction for wear, tear and depreciation (loss of value), or we may replace, reinstate or repair the lost or damaged baggage and/or valuables. The maximum we will pay you for any one article, pair or set of items articles is shown.

I have continued my complaint based on the fact nowhere in the T&C’s does it state this does not apply to the return part of the trip.  

Speaking with a friend who has contractual knowledge they have said it should explicitly state that unless it is an obvious presumption.

I think I have a case but wondered if it’s just common knowledge that the insurance policy doesn’t count for baggage on the return trip?

Your baggage hasnt been damaged, lost or stolen and so you are quoting the wrong section


There should be a Delayed Baggage section, to choose a random policy (Aviva) that I happen to have to hand it states:

If your baggage is temporarily lost on the outward journey and you are without it for more than 12 hours, we will pay up to the limit shown on your policy schedule for replacement of essential items.

As you can see, its explicit its only on the outward journey. The theory is that if you go on holiday you dont pack every single pair of knickers and bra you own. When you arrive at the hotel clearly you need to buy some replacements but when you arrive home you just wear your others.

skyranger

Thanks all.  I should clarify it is the insurance people I am fighting.  It’s less about the replacement of the items whilst delayed.  More about the claim for the delay.

also there is another section under baggage that states:

baggage delay:

£50 after each 12 hour period up to £300

 We will also pay you up to the amount shown in the schedule of benefits, for the emergency replacement of clothing, medication and toiletries if your baggage is temporarily lost in transit during the outward journey and not returned to you within 12 hours, as long as we receive written confirmation from the carrier, confirming the number of hours the baggage was delayed.

.

My enquiry was about the baggage delay rather than the emergency replacement. when I asked about this they said it wouldn’t apply to the return flight.

However it doesn’t say ONLY outward journey or NOT the return flight.  So I presumed it would.

eskbanker

skyranger said:

Thanks all.  I should clarify it is the insurance people I am fighting.  It’s less about the replacement of the items whilst delayed.  More about the claim for the delay.

also there is another section under baggage that states:

baggage delay:

£50 after each 12 hour period up to £300

 We will also pay you up to the amount shown in the schedule of benefits, for the emergency replacement of clothing, medication and toiletries if your baggage is temporarily lost in transit during the outward journey and not returned to you within 12 hours, as long as we receive written confirmation from the carrier, confirming the number of hours the baggage was delayed.

.

My enquiry was about the baggage delay rather than the emergency replacement. when I asked about this they said it wouldn’t apply to the return flight.

However it doesn’t say ONLY outward journey or NOT the return flight.  So I presumed it would.

It says they'll pay "if your baggage is temporarily lost in transit during the outward journey" so the clear implication is that this wording doesn't apply on the return journey.

What do you mean by "My enquiry was about the baggage delay rather than the emergency replacement", were you under the impression that you were due some sort of compensation merely by virtue of there being a delay?

skyranger

Yes I was under that impression.  

I understand I wouldn't be entitled to emergency replacements etc for the outward journey.  I read that as a separate point.  

So to confirm the area marked as "SCHEDULE OF BENEFITS"

Baggage Delay Over 12 hours - £50 after each 12 hour period up to £300

There is nothing in any area that states this doesn't apply to the return trip:  For the benefit of the doubt, here is the section on Baggage:

What is covered 1. We will pay you up to the amount shown in the schedule of benets for the accidental loss of, theft of or damage to baggage and valuables during your trip. The amount payable in the event of a total loss, will be the value at today’s prices less a deduction for wear, tear and depreciation (loss of value), or we may replace, reinstate or repair the lost or damaged baggage and/or valuables.

The maximum we will pay you for any one article, pair or set of items articles is shown in the schedule of benets. The maximum amount we will pay for all valuables is shown in the schedule of benets.

2. We will also pay you up to the amount shown in the schedule of benets, for the emergency replacement of clothing, medication and toiletries if your baggage is temporarily lost in transit during the outward journey and not returned to you within 12 hours, as long as we receive written conrmation from the carrier, conrming the number of hours the baggage was delayed.

If the loss is permanent we will deduct the amount paid from the nal amount to be paid under this section. If items of baggage and/or valuables are also covered under Section U – Wedding/Civil partnership cover or Section V– Cruise cover you can only claim for these under one section for the same even

skyranger

DullGreyGuy said:

There should be a Delayed Baggage section, to choose a random policy (Aviva) that I happen to have to hand it states:

If your baggage is temporarily lost on the outward journey and you are without it for more than 12 hours, we will pay up to the limit shown on your policy schedule for replacement of essential items.

As you can see, its explicit its only on the outward journey. The theory is that if you go on holiday you dont pack every single pair of knickers and bra you own. When you arrive at the hotel clearly you need to buy some replacements but when you arrive home you just wear your others.

You're right, but my point is that I'm not claiming for the replacement of essential items.  Purely for the baggage delay as stated in their Schedule of Benefits.  There are no clauses. small print or definitions labeled to the definition of "Baggage delay" and the compensation.  Just purely that baggage delay compensation of £50 for every 12 hours of delay.

sheramber

skyranger said:

DullGreyGuy said:

There should be a Delayed Baggage section, to choose a random policy (Aviva) that I happen to have to hand it states:

If your baggage is temporarily lost on the outward journey and you are without it for more than 12 hours, we will pay up to the limit shown on your policy schedule for replacement of essential items.

As you can see, its explicit its only on the outward journey. The theory is that if you go on holiday you dont pack every single pair of knickers and bra you own. When you arrive at the hotel clearly you need to buy some replacements but when you arrive home you just wear your others.

You're right, but my point is that I'm not claiming for the replacement of essential items.  Purely for the baggage delay as stated in their Schedule of Benefits.  There are no clauses. small print or definitions labeled to the definition of "Baggage delay" and the compensation.  Just purely that baggage delay compensation of £50 for every 12 hours of delay.

but it does say   on the outward journey. it does not need to say but not the return journey  as it stipulates it is for outward journey. 
Your mistake is presuming something that is not said.

skyranger

sheramber said:

skyranger said:

DullGreyGuy said:

There should be a Delayed Baggage section, to choose a random policy (Aviva) that I happen to have to hand it states:

If your baggage is temporarily lost on the outward journey and you are without it for more than 12 hours, we will pay up to the limit shown on your policy schedule for replacement of essential items.

As you can see, its explicit its only on the outward journey. The theory is that if you go on holiday you dont pack every single pair of knickers and bra you own. When you arrive at the hotel clearly you need to buy some replacements but when you arrive home you just wear your others.

You're right, but my point is that I'm not claiming for the replacement of essential items.  Purely for the baggage delay as stated in their Schedule of Benefits.  There are no clauses. small print or definitions labeled to the definition of "Baggage delay" and the compensation.  Just purely that baggage delay compensation of £50 for every 12 hours of delay.

but it does say   on the outward journey. it does not need to say but not the return journey  as it stipulates it is for outward journey. 
Your mistake is presuming something that is not said.

Thanks.  I was taking that as two separate points.

We will provide compensation for the essential items on outbound journey. Yes it explicitly states that.

We will provide compensation for delayed baggage as stated in the schedule of benefits. It doesn’t explicitly state what that delay covers

I’m reading them as two independent entries