Baggage delay compensation

eskbanker

skyranger said:

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

My interpretation of this excerpt is that the line quoting £50 and £300 purely serves to quantify the reimbursement available under the second of those clauses (i.e. it's "the amount shown in the schedule of benefits"), rather than being one in its own right, but it would help if you named the company and/or shared a link to the Ts & Cs, so the rest of us can see what you're looking at and its full context....

skyranger

Sure and thank you for your help.  It may be the case of quantifying the reimbursement, but to me I read that as the standalone clause.

The airline was Jet2 and the insurance company is Cedar Tree (underwritten by AXA).

The document is here in PDF https://www.cedartreeinsurance.com/content/getDocument.php?type=PW and the important screenshots are below.



Cedar Tree's response has been so far "This section will also provide cover if your bags are temporarily lost in transit on your outwards journey, where we will pay a benefit payment for the number of hours you are without your bags as per the schedule of benefits.  As this section will only provide cover for the outwards journey, I am satisfied that this part of the baggage section also isnt applicable to you"

My point is that Section E references accidental loss, theft, damage, total loss and emergency replacements.  Not delays.  So I have said that there is no specific mention of outwards journey's only applying to Section E - Baggage and the terms.

Caz3121

skyranger said:

My point is that Section E references accidental loss, theft, damage, total loss and emergency replacements.  Not delays.  So I have said that there is no specific mention of outwards journey's only applying to Section E - Baggage and the terms.

I would read that section E point 2 covers delayed baggage "temporarily lost in transit during the outward journey and not returned to you within 12 hours"

eskbanker

skyranger said:

Cedar Tree's response has been so far "This section will also provide cover if your bags are temporarily lost in transit on your outwards journey, where we will pay a benefit payment for the number of hours you are without your bags as per the schedule of benefits.  As this section will only provide cover for the outwards journey, I am satisfied that this part of the baggage section also isnt applicable to you"

My point is that Section E references accidental loss, theft, damage, total loss and emergency replacements.  Not delays.  So I have said that there is no specific mention of outwards journey's only applying to Section E - Baggage and the terms.

I have to say that it seems clear to me that they're correct!

As suspected, the schedule of benefits on pages 5-7 is simply a numerical summary of the limits to be applied to each of the individual sections themselves, so isn't a standalone provision and must be read in conjunction with the relevant detailed policy wording.

As shown in your extracts, section E itself (page 23) has two primary clauses, 1 being for loss/theft/damage and 2 being for temporary loss (i.e. delay) on the outward journey.  It's clear from the claims evidence section that any claim under the delay clause must be supported by receipts "for all items of clothing, medication and toiletries replaced if your baggage is temporarily lost in transit for more than 12 hours", i.e. it's not a compensation clause as such but reimbursement of actual costs incurred, up to the stated limit, but only within the context of applying just to the outward journey.

DullGreyGuy

skyranger said:

Sure and thank you for your help.  It may be the case of quantifying the reimbursement, but to me I read that as the standalone clause.

The airline was Jet2 and the insurance company is Cedar Tree (underwritten by AXA).

The document is here in PDF https://www.cedartreeinsurance.com/content/getDocument.php?type=PW and the important screenshots are below.



Cedar Tree's response has been so far "This section will also provide cover if your bags are temporarily lost in transit on your outwards journey, where we will pay a benefit payment for the number of hours you are without your bags as per the schedule of benefits.  As this section will only provide cover for the outwards journey, I am satisfied that this part of the baggage section also isnt applicable to you"

My point is that Section E references accidental loss, theft, damage, total loss and emergency replacements.  Not delays.  So I have said that there is no specific mention of outwards journey's only applying to Section E - Baggage and the terms.

E.1 doesnt apply as the items have been returned and so doesnt count as an accidental loss, theft or damage. If they'd never turned up again then this clause would have applied

E.2 states its limited to your outward journey and so doesnt apply as yours was delayed on the return journey


E.2 exists to deal with you having to buy new bras etc but they've decided its easier to do it as a fixed amount based on duration rather than getting into arguments with customers on if buying the emergency replacements from Agent Provocateur was necessary when a Primark was next to the hotel. 

On your return leg you get back home and so other than possibly a toothbrush you wont have any losses if your bags dont make home until 24 hours after you. 

skyranger

DullGreyGuy said:

skyranger said:

Sure and thank you for your help.  It may be the case of quantifying the reimbursement, but to me I read that as the standalone clause.

The airline was Jet2 and the insurance company is Cedar Tree (underwritten by AXA).

The document is here in PDF https://www.cedartreeinsurance.com/content/getDocument.php?type=PW and the important screenshots are below.



Cedar Tree's response has been so far "This section will also provide cover if your bags are temporarily lost in transit on your outwards journey, where we will pay a benefit payment for the number of hours you are without your bags as per the schedule of benefits.  As this section will only provide cover for the outwards journey, I am satisfied that this part of the baggage section also isnt applicable to you"

My point is that Section E references accidental loss, theft, damage, total loss and emergency replacements.  Not delays.  So I have said that there is no specific mention of outwards journey's only applying to Section E - Baggage and the terms.

E.1 doesnt apply as the items have been returned and so doesnt count as an accidental loss, theft or damage. If they'd never turned up again then this clause would have applied

E.2 states its limited to your outward journey and so doesnt apply as yours was delayed on the return journey


E.2 exists to deal with you having to buy new bras etc but they've decided its easier to do it as a fixed amount based on duration rather than getting into arguments with customers on if buying the emergency replacements from Agent Provocateur was necessary when a Primark was next to the hotel. 

On your return leg you get back home and so other than possibly a toothbrush you wont have any losses if your bags dont make home until 24 hours after you. 

Thanks.  I'm not debating any of that.  Just pasted the main areas reference bagging.  My main point was the one below all that

skyranger

eskbanker said:

skyranger said:

Cedar Tree's response has been so far "This section will also provide cover if your bags are temporarily lost in transit on your outwards journey, where we will pay a benefit payment for the number of hours you are without your bags as per the schedule of benefits.  As this section will only provide cover for the outwards journey, I am satisfied that this part of the baggage section also isnt applicable to you"

My point is that Section E references accidental loss, theft, damage, total loss and emergency replacements.  Not delays.  So I have said that there is no specific mention of outwards journey's only applying to Section E - Baggage and the terms.

I have to say that it seems clear to me that they're correct!

As suspected, the schedule of benefits on pages 5-7 is simply a numerical summary of the limits to be applied to each of the individual sections themselves, so isn't a standalone provision and must be read in conjunction with the relevant detailed policy wording.

As shown in your extracts, section E itself (page 23) has two primary clauses, 1 being for loss/theft/damage and 2 being for temporary loss (i.e. delay) on the outward journey.  It's clear from the claims evidence section that any claim under the delay clause must be supported by receipts "for all items of clothing, medication and toiletries replaced if your baggage is temporarily lost in transit for more than 12 hours", i.e. it's not a compensation clause as such but reimbursement of actual costs incurred, up to the stated limit, but only within the context of applying just to the outward journey.

Thank you.  I do feel the wording could be better in the "standalone provision".  As I just read it that if your baggage was delayed, this is what you would be entitled too.  And that the Section E was not linked to my situation.

Thanks all