Claiming for expenditure while luggage delayed.

If your luggage is mislaid on a flight, you are entitled to claim for the cost of purchasing replacement items which you need while waiting for your luggage, right? Well, it took three days for China Eastern to deliver my luggage recently, I have contacted them and they are ignoring me. So I have asked Curve to make a chargeback and they say

"'I'm sorry to hear you experienced this. Unfortunately, the chargeback process only provides provision to dispute the value of the transaction itself...'

This is the case for any chargeback, as the Mastercard chargeback process does not include any facility to recover compensation."

This is nonsense, isn't it? The MSE guide says you can make a chargeback

"
If the quality of an item is in question – the goods were not as described or were defective.

For non-delivery – the goods you've paid for were not received as promised and the company refuses to refund you.."

Well the service was defective and I did not receive the service as promised - my luggage was mislaid. Should I file a complaint about Curve now? Or would it be simpler to file a complaint with the Belgian CAA (given that the flight was from Brussels)?

Comments

  • mr_stripey
    mr_stripey Posts: 627
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    claim on your travel insurance?

  • Chomeur
    Chomeur Posts: 2,124
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    claim on your travel insurance?

    This requires me to keep my luggage tags, which I didn't do. Plus it will probably increase future premiums.
  • eskbanker
    eskbanker Posts: 29,811
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    Chomeur said:
    If your luggage is mislaid on a flight, you are entitled to claim for the cost of purchasing replacement items which you need while waiting for your luggage, right? Well, it took three days for China Eastern to deliver my luggage recently, I have contacted them and they are ignoring me. So I have asked Curve to make a chargeback and they say

    "'I'm sorry to hear you experienced this. Unfortunately, the chargeback process only provides provision to dispute the value of the transaction itself...'

    This is the case for any chargeback, as the Mastercard chargeback process does not include any facility to recover compensation."

    This is nonsense, isn't it? The MSE guide says you can make a chargeback

    "If the quality of an item is in question – the goods were not as described or were defective.

    For non-delivery – the goods you've paid for were not received as promised and the company refuses to refund you.."

    Well the service was defective and I did not receive the service as promised - my luggage was mislaid. Should I file a complaint about Curve now?
    No, it isn't nonsense, and Curve are correct to reject an attempted chargeback, as the costs you're hoping to recover aren't those you originally paid for with the card.
  • DullGreyGuy
    DullGreyGuy Posts: 9,014
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    Chomeur said:
    If your luggage is mislaid on a flight, you are entitled to claim for the cost of purchasing replacement items which you need while waiting for your luggage, right? Well, it took three days for China Eastern to deliver my luggage recently, I have contacted them and they are ignoring me. So I have asked Curve to make a chargeback and they say

    "'I'm sorry to hear you experienced this. Unfortunately, the chargeback process only provides provision to dispute the value of the transaction itself...'

    This is the case for any chargeback, as the Mastercard chargeback process does not include any facility to recover compensation."

    This is nonsense, isn't it? The MSE guide says you can make a chargeback

    "If the quality of an item is in question – the goods were not as described or were defective.

    For non-delivery – the goods you've paid for were not received as promised and the company refuses to refund you.."

    Well the service was defective and I did not receive the service as promised - my luggage was mislaid. Should I file a complaint about Curve now? Or would it be simpler to file a complaint with the Belgian CAA (given that the flight was from Brussels)?
    Chargeback is a fairly basic and crude tool offered by cardschemes like Mastercard and Visa to deal with some of the more basic/common issues. Its not as encompassing as your broader rights and therefore nor as S75 is. I would strongly suspect that delayed luggage is far too remotely connected to the purchase of an airline ticket to get chargeback rights and did you even buy the tickets directly from China Eastern?

    What you are quoting is for buying a fridge and it never turns up... that very different to your scenario where you bought a ticket for transporting you and your baggage... the ticket did turn up, you did get to your destination and ultimately your bags arrived. 

    Under the Montreal Convention you are entitled to claim for essential costs as a consequence, normally considered to be toiletries, underwear, laundry services etc.  It's likely they too will require baggage labels etc. 
  • Chomeur
    Chomeur Posts: 2,124
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    Curve also say that, if I can give them evidence that the flight was delayed (which it was, but that's not the subject of my complaint), then they can put a chargeback in. Weird. I might do it and see what happens.
  • Westin
    Westin Posts: 5,887
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    So you are looking for your full flight costs back because baggage was delayed 3 days? Is that right?
  • mr_stripey
    mr_stripey Posts: 627
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    edited 25 January at 5:28PM
    surely if they lose your luggage outbound (i.e. away from home) then the sensible thing to do is buy some essentials and keep the receipts and claim back either from the airline or via travel insurance? Obviously if it is three days then maybe more then essentials are required.

    If the luggage is lost coming home then i guess it's less of an issue?

    In any case, it is prudent to retain the luggage labels until you are safely in possession of you bags!
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