The merry-go-rounds of the luggage carousel

I wonder if I have some kind of record for lost baggage with no resolution?

I’ve just (day before yesterday) spoken to Which Legal service about a carry on bag that went missing in early 2010! SAS have been dealing with my claim since then and last week offered me a fraction of the sum.

Before departure the ground handlers insisted that I hand over my cabin bag, which was well within dimensions and weight and containing all my important and valuable articles which they promised to look after, which was then put in the hold. This was supposedly because Oslo airport where we were to change planes did not have facilities for examining hand baggage carried by transit passengers changing planes.

My bag never arrived in London. Now, four years later SAS is claiming that they are not responsible for whole classes of items in ‘checked baggage’ ignoring the fact that I did not voluntarily ‘check’ it and only allowed them to take it under protest and with the promise of it being cared for.

We will see what happens and I’ll keep you posted. In the meantime ensure that you NEVER allow SAS to take your bag and change its status if this remains their policy!

Well, time is up for SAS (see above) and I guess we’ll have our day in court. They have not started well, just ignored me despite my pointing out in my letter before action that the court expects them to respond to my communications.

Also, when directly requested in writing they did not respond with a ‘service address’ for the court papers . . . the court won’t like that kind of arrogance / ignorance.

I shall write another email telling them that unless they give me the response that the pre trial protocols and practice directions require I shall also claim for the time that I spend in unnecessary correspondence and research.

What a bunch of chancers . . . I’ve been reading the reviews on the various travel sites and have come to the conclusion that SAS have lost their grip and have slid entirely down the pan! Strangely the two worst airlines i have dealt with in recent years have both been Scandinavian, the other was Finnair who threw my families bags into deep salty slush and would not even apologise! So much for the reputation of Scandinavian values!

Martin this might help i found it on the web, quite informative and covers your exact scenario (link for full details at bottom of exert)

*Forcing you to check a carry-on bag*
The second scenario arises when an airline forces you to check a bag that you had expected to take onto the plane with you as a carry-on item.

If the bag you are forced to check (in conjunction with any/all other items you are attempting to carry onto the plane) complies with the airline’s normal Conditions of Carriage provisions for carry on items (ie it isn’t too big or too heavy and you don’t have too many other items you are also carrying on with you), but you are forced to check the bag due to whatever operational reason primarily to serve the convenience of the airline (maybe a brief period of heightened security, or a simple lack of space in the aircraft cabin) and if, as a result of checking the bag, you suffer either damage or a loss, then it would seem likely that the airline’s deliberate negation of its own Conditions of Carriage contract with you also negates any exclusionary provisions or limits on liability that would otherwise apply.

In particular, airlines seek to exclude themselves from any liability towards the loss of fragile or valuable items in checked baggage. Accordingly, prudent passengers choose to pack these items in their carry on baggage. If the airline now insists on checking that carry on bag, it seems fair that they must accept an unlimited liability for the safety of the contents of that bag.

Again, this is a line of reasoning that you may well find a Small Claims Court sympathetic towards accepting.

http://thetravelinsider.info/travelaccessories/lostbaggagerights.htm

Result! Well, a partial one anyway. On returning home after the New Year I found that some kind soul had spent Christmas Eve digging in the records and had made an executive decision. An offer to settle for the full amount of the claim.

A pity there is no suggestion of something to recognise the delays, prevarication, hours spent chasing them etc. but a partial result nevertheless.

It’s interesting that over the last four or five years the development of consumer / customer power through communication really has changed the balance. Because of the growing understanding of ‘reputational value’ and the importance of positive PR it would seem that the ‘pressure point’ was the PR function although I think that is actually contracted out.

Lessons learned . . . never let airlines try to change the contract ‘at the gate’ or on boarding. Be aware that cabin baggage is far more privileged than hold baggage and if a change in status is attempted register your protest.

I’m going to look into whether attempted forced change in status of baggage on pain of preventing boarding is a breach of the airline’s contract. I find that a friend who is an aircraft captain of many years standing can find all sorts of buried rules to help – for instance there are classes of people who should be automatically boarded first under IATA regulations and not because they have paid a fee to be so. Perhaps there are similar hidden regulations in respect of our baggage.

Thank you for the support and help from this conversation. I’ll raise my coffee cup to you all on my next flight!