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Indian Airline Lost our checked luggage
Kalashnikov
Posts: 70 Forumite
Long story short, 1 of 4 bags never arrived at Heathrow. We flew on a UK issued return ticket. Missing bag was reported at Heathrow and tracker ref was provided. After 5 days was advised to contact airline. no sign of the bag. After 21 days bag still not found, airline states its now deemed lost as per many international regs and rules.
last time I checked India did sign the MC1999.
anyway below is an email from the airline stating they want to settle at 20,000 INR
I am not an Indian resident, I brought tickets from the UK and live in the UK, I only operate a UK bank account.
20k inr is equal to 194 GBP - barely covers the cost of the suitcase not the content.
They are hiding being some local guidance / regulation.
anyone with any knowledge on how to deal with this - we are looking for comp close to 500 including our possessions and gifts lost in that bag.
"Dear Mrs ,
Greetings from airline x .
Thank you for allowing us time to investigate.
In reference to your email, we regret to inform you that despite of best of our efforts we were unable to trace your baggage.
We declare your bag as lost and wish to offer you compensation as per DGCA guidelines since as per the policy law of departure country is applicable.
We do know that this cannot bring your baggage back but hopefully, goes a long way in helping you get back on track.
We do hope you accept our apology.
We comprehend that you flew with us from Ahmedabad to Delhi and London as final destination hence as per the policy the full and final settlement shall be INR-20,000 as a lost baggage compensation.
We would request you to kindly share with us a copy of the cancelled cheque along with the details (Indian Bank account details) mentioned below for processing the refund through NEFT. "
https://clclaw.in/2021/07/22/lost-your-checked-in-baggage-here-is-what-the-law-on-compensation/
The crux of this case is - does DGCA guidelines supersede international law when a British national flies and losing his or her bag on the outbound leg of their journey. I tried calling the CAA here in the UK but they are only open Wed and Thurs or something like that.
last time I checked India did sign the MC1999.
anyway below is an email from the airline stating they want to settle at 20,000 INR
I am not an Indian resident, I brought tickets from the UK and live in the UK, I only operate a UK bank account.
20k inr is equal to 194 GBP - barely covers the cost of the suitcase not the content.
They are hiding being some local guidance / regulation.
anyone with any knowledge on how to deal with this - we are looking for comp close to 500 including our possessions and gifts lost in that bag.
"Dear Mrs ,
Greetings from airline x .
Thank you for allowing us time to investigate.
In reference to your email, we regret to inform you that despite of best of our efforts we were unable to trace your baggage.
We declare your bag as lost and wish to offer you compensation as per DGCA guidelines since as per the policy law of departure country is applicable.
We do know that this cannot bring your baggage back but hopefully, goes a long way in helping you get back on track.
We do hope you accept our apology.
We comprehend that you flew with us from Ahmedabad to Delhi and London as final destination hence as per the policy the full and final settlement shall be INR-20,000 as a lost baggage compensation.
We would request you to kindly share with us a copy of the cancelled cheque along with the details (Indian Bank account details) mentioned below for processing the refund through NEFT. "
https://clclaw.in/2021/07/22/lost-your-checked-in-baggage-here-is-what-the-law-on-compensation/
The crux of this case is - does DGCA guidelines supersede international law when a British national flies and losing his or her bag on the outbound leg of their journey. I tried calling the CAA here in the UK but they are only open Wed and Thurs or something like that.
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Comments
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Insurance?
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No need to be coy, which airline is it?Kalashnikov said:airline x
Was the loss on the outbound leg of the journey (i.e. from the UK) or the inbound (from India)?Kalashnikov said:
We comprehend that you flew with us from Ahmedabad to Delhi and London as final destination[...]The crux of this case is - does DGCA guidelines supersede international law when a British national flies and losing his or her bag on the outbound leg of their journey.
Nationality doesn't make any difference....0 -
dont have insuranceVoyager2002 said:Insurance?0 -
Inbound - Air Vistara - soon to be consolidation into Air India. Agree nationality doesn't make a diff, they are just pushing local regs onto me as an excuse.eskbanker said:
No need to be coy, which airline is it?Kalashnikov said:airline x
Was the loss on the outbound leg of the journey (i.e. from the UK) or the inbound (from India)?Kalashnikov said:
We comprehend that you flew with us from Ahmedabad to Delhi and London as final destination[...]The crux of this case is - does DGCA guidelines supersede international law when a British national flies and losing his or her bag on the outbound leg of their journey.
Nationality doesn't make any difference....
What and how can i respond0 -
Unless wiser minds have a suggestion then any response (other than acceptance) is meaninglessKalashnikov said:
Inbound - Air Vistara - soon to be consolidation into Air India. Agree nationality doesn't make a diff, they are just pushing local regs onto me as an excuse.eskbanker said:
No need to be coy, which airline is it?Kalashnikov said:airline x
Was the loss on the outbound leg of the journey (i.e. from the UK) or the inbound (from India)?Kalashnikov said:
We comprehend that you flew with us from Ahmedabad to Delhi and London as final destination[...]The crux of this case is - does DGCA guidelines supersede international law when a British national flies and losing his or her bag on the outbound leg of their journey.
Nationality doesn't make any difference....
What and how can i respond
Insurance would have helped given the apparent bag value - the values are there to replace the average - not a GBP200 suitcase full of gifts0 -
do you represent the airline and understand the local legislation... as you are talking as if you are and do.Wonka_2 said:
Unless wiser minds have a suggestion then any response (other than acceptance) is meaninglessKalashnikov said:
Inbound - Air Vistara - soon to be consolidation into Air India. Agree nationality doesn't make a diff, they are just pushing local regs onto me as an excuse.eskbanker said:
No need to be coy, which airline is it?Kalashnikov said:airline x
Was the loss on the outbound leg of the journey (i.e. from the UK) or the inbound (from India)?Kalashnikov said:
We comprehend that you flew with us from Ahmedabad to Delhi and London as final destination[...]The crux of this case is - does DGCA guidelines supersede international law when a British national flies and losing his or her bag on the outbound leg of their journey.
Nationality doesn't make any difference....
What and how can i respond
Insurance would have helped given the apparent bag value - the values are there to replace the average - not a GBP200 suitcase full of gifts
I want to know specifically does local legislation / guidance apply for a departing flight from India to UK in relation to lost luggage.0 -
I guess the issue here is that there were two legs, and if baggage is lost then it may not be known whether it was on the domestic or the international one, or have they given any indication?Kalashnikov said:Inbound - Air Vistara - soon to be consolidation into Air India. Agree nationality doesn't make a diff, they are just pushing local regs onto me as an excuse.
What and how can i respond
Air Vistara do have different terms for domestic and international travel, with only the latter reflecting the Montreal Convention provisions (and its higher reimbursement cap in particular) in clause 29.2 at https://www.airvistara.com/gb/en/terms-and-conditions/travel-outside-india
To what extent can you substantiate the value of the higher claim?0 -
No - but I average 200 sectors per year and have had my share of lost luggage.do you represent the airline and understand the local legislation... as you are talking as if you are and do.
I want to know specifically does local legislation / guidance apply for a departing flight from India to UK in relation to lost luggage.
Yes - if you book on the local airline and accept their T&C's
Might be interesting to see whether Air India would have treated it differently as a Flag Carrier rather than Secondary airline but it won't change your rights0 -
500 odd pounds of gifts / clothes for two daughter in laws and daughter.eskbanker said:
I guess the issue here is that there were two legs, and if baggage is lost then it may not be known whether it was on the domestic or the international one, or have they given any indication?Kalashnikov said:Inbound - Air Vistara - soon to be consolidation into Air India. Agree nationality doesn't make a diff, they are just pushing local regs onto me as an excuse.
What and how can i respond
Air Vistara do have different terms for domestic and international travel, with only the latter reflecting the Montreal Convention provisions (and its higher reimbursement cap in particular) in clause 29.2 at https://www.airvistara.com/gb/en/terms-and-conditions/travel-outside-india
To what extent can you substantiate the value of the higher claim?
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To what extent can you substantiate the value of the higher claim to the airline, i.e. do you have supporting receipts for everything?Kalashnikov said:
500 odd pounds of gifts / clothes for two daughter in laws and daughter.eskbanker said:
I guess the issue here is that there were two legs, and if baggage is lost then it may not be known whether it was on the domestic or the international one, or have they given any indication?Kalashnikov said:Inbound - Air Vistara - soon to be consolidation into Air India. Agree nationality doesn't make a diff, they are just pushing local regs onto me as an excuse.
What and how can i respond
Air Vistara do have different terms for domestic and international travel, with only the latter reflecting the Montreal Convention provisions (and its higher reimbursement cap in particular) in clause 29.2 at https://www.airvistara.com/gb/en/terms-and-conditions/travel-outside-india
To what extent can you substantiate the value of the higher claim?1
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