A. Your baggage is covered within the limits
stated in your policy document while it is in your care. However,
we need to be aware of the situation once you have entrusted your
baggage to the airline:
Airline Baggage Responsibilities
Under normal circumstances, the airline is responsible for your
baggage while it is in their care. If your bags go missing or are
damaged between checking them in at departures and your arrival,
immediately obtain, from the airport authorities, a Property
Irregularity Report (PIR) and pass this with all other appropriate
documents to validate your claim upon your return to the UK. An
amount can be claimed on your travel insurance if your baggage is
mislaid on your outward journey beyond a certain period (usually 12
hours) for you to obtain replacement essential toiletries and
clothing etc.
NOTE: Once your bags are in the care of the
airline it is their legal responsibility to get you
and your luggage to your destination airport intact. it is very
common for airlines and baggage handlers to dismiss passengers
whose luggage has been damaged or lost in transit by informing the
passenger that 'you should claim it on your travel insurance.'
Certain airlines make it their policy to fob passengers off in this
way and can be quite obstructive or belligerant. However, you
should stand our ground, they know the rules and will eventually
comply with them.
Plainly, paying out on every lost or damaged baggage claim would
absolve airlines of any responsibility to look after your bags
properly, accelerate airlines' already growing cynicism with regard
to baggage and eventually collapse the travel insurance industry.
Accordingly, once you have entrusted it to their care, it is the
airline's responsibility and it is they to whom you should address
claims for compensation.
Here's what BA have to say on their website. As you can
see, they are quite aware of an airline's
responsibilities:
• Baggage delays
In case of baggage delay, the air carrier is liable for damage
unless it took all reasonable measures to avoid the damage or it
was impossible to take such measures. The liability for baggage
delay is limited to 1,131 SDRs (approximately £1,000 or
EUR1,230).
• Destruction, loss or damage to baggage
The air carrier is liable for destruction, loss or damage to
baggage up to 1,131 SDRs (approximately £1,000 or EUR1,230). In the
case of checked baggage, it is liable even if not at fault, unless
the baggage was defective. In the case of unchecked baggage, the
carrier is liable only if at fault.
• Higher limits for baggage
A passenger can benefit from a higher liability limit by making a
special declaration at the latest at check-in and by paying a
supplementary fee.
• Complaints on baggage
If the baggage is damaged, delayed, lost or destroyed, the
passenger must write and complain to the air carrier as soon as
possible. In the case of damage to checked baggage, the passenger
must write and complain within seven days, and in the case of delay
within 21 days, in both cases from the date on which the baggage
was placed at the passenger's disposal.