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Travel - delays or lost luggage
The main disputes you are likely to have with travel companies are delays to your journey and damage to your luggage.
When you buy a ticket for your journey you have a contract with the company – whether it is a bus, coach, ferry, train or airline. Their website will confirm their particular terms and conditions of the contract. The law often also applies minimum terms that they must offer you.
Their website will usually set out what they offer if your journey was delayed or you face other problems. Most travel companies also run customer service help-lines which will be the first step to take in sorting out your problem. If this does not solve the problem then you should put your complaint in writing. If this does not resolve the problem you will need to consider mediation or finally legal action.
The rules relating to airlines are more complicated and is summarised below (delays & lost luggage and also damaged luggage) together with sample complaint letters intended to comply with these special rules.
| Your rights – lost or delayed airline luggage |
The rules apply to the luggage that gets checked in at the departure airport (not luggage you carry with you on the plane):
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| What do you have to prove to bring a claim? | 1: Notify luggage delayed or lost within 21 days (usually to staff at arrival airport) – you will be asked to complete a “Property Irregularity Report”. 2: If not found after 21 days (from check in) write to airline within 7 days. 3: Provide receipts for essential items bought whilst abroad. 4: provide receipts for reasonable expenses such as taxis 5: If not found after 21 days try to list everything in suitcase. 6: Then provide proof /valuation of contents of suitcase (realistically you will not have receipts for everything but hopefully you can prove the cost of the more expensive items and the airline will accept an estimate for cheaper items. |
| What is the deadline for claiming | For delayed luggage: Notify the airline within 21 days from when you handed your luggage to the airline. Most people will notify staff at the arrival airport. If it cannot be found quickly you will be asked to fill in a “Property Irregularity Report” Lost Luggage: You need to write after 21 days (when it is treated as lost) but before 28 days – as you have 7 days to write from the date the luggage has been declared lost. |
| Example claims |
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Disclaimer reminder
Information to include | Sample letter – Lost or delayed airline luggage | |
| 1 | Start of official letter to other side. | [If you know the person’s name]: Dear Mr Smith, [If you do not know their name]: Dear Sirs, |
| 2 | Background Any relevant background information: What was agreed between you? What happened (in date order)? Be specific and refer to any written or verbal agreements. | Background – lost luggage I recently flew with your airline. The flight details are: |
| 3 | Payments Details of any payments requested and any payments made. | Payments I paid £275 for the return flight. |
| 4 | Complaint – lost luggage Identify clearly why you are unhappy. Give any relevant dates – it needs to be lost for 21 days to claim Be clear about why you think the other person is responsible. | Complaint – Lost luggage for 21 days My checked in luggage did not arrive at my destination. I notified a member of your team at the airport who asked me to fill in a “Property Irregularity Report” which I did. My luggage has now been missing for 21 days. |
| 5 | Problems caused Give details of any problems you have suffered as a result. If relevant refer to photos. | Problems caused Arriving at my destination without my luggage was a great inconvenience:
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| 6 | Losses and expenses If the problems have caused you losses or expenses – give details. Also provide proof of the damage and cost of repairs or replacement wherever possible. | Losses and expenses In my suitcase there were the following items that I have not yet replaced:
The details of the essential items that I have replaced in Rome are:
I enclose copies of my receipts for replacement items along with any necessary purchases and costs incurred as a result of the lost bag. |
| 7 | Remedy Be as clear as possible about the remedy you would like.
| Remedy Under the Montreal Convention I would like to claim compensation for my lost luggage and expenses as listed above:
Total claimed is therefore £920.67 |
| 8 | Reply Give your opponent 14 days to reply to the letter – to either:
OR
OR
| Reply Please do not ignore this letter. I would like us to try to resolve our dispute without court proceedings and legal costs. Please reply in the next 14 days, so that this dispute can be resolved as set out in this letter. |
| 9 | Consequences Point out that ignoring your letter will mean you may start legal proceedings for the court to deal with the dispute and that you may refer the judge to your letter. | Consequences I am sure it will not prove necessary but if I do not hear from you within 14 days then I will raise a complaint with the Civil Aviation Authority and progress further, if necessary, until this matter is resolved. I look forward to hearing from you within the next 14 days. |
| 10 | Ending | [If you started with their name]: Yours sincerely,Ian Rate[If you started using Dear Sirs]: Yours faithfully,Ian Rate |
Information to include | Sample letter – Damaged airline luggage | |
| 1 | Start of official letter to other side. | [If you know the person’s name]: Dear Mr Smith, [If you do not know their name]: Dear Sirs, |
| 2 | Background Any relevant background information: What was agreed between you? What happened (in date order)? Be specific and refer to any written or verbal agreements. | Background – damaged luggage I recently flew with your airline. The flight details are: |
| 3 | Payments Details of any payments requested and any payments made. | Payments I paid £275 for the return flight. |
| 4 | Complaint Identify clearly why you are unhappy. Give any relevant dates – it needs to be lost for 21 days to claim Be clear about why you think the other person is responsible. | Complaint When I collected my checked-in luggage from the carousel at my destination I saw that it was damaged. I notified a member of your team at the airport who asked me to fill in a “Property Irregularity Report” which I did. Under the Montreal Convention I would like to claim compensation for the damage to my luggage and its contents. |
| 5 | Problems caused Give details of any problems you have suffered as a result. If relevant refer to photos. | Problems caused As I’m sure you can appreciate, arriving at my destination with a damaged bag (and contents) was highly inconvenient. I had to buy a new suitcase straight away. This meant I incurred some unexpected additional costs at the beginning of my journey. My digital SLR camera has also suffered damage to the lens. I will need to replace the lens. |
| 6 | Losses and expenses If the problems have caused you losses or expenses – give details. Also provide proof of the damage and cost of repairs or replacement wherever possible. | Losses and expenses
I enclose copies of my receipts. |
| 7 | Remedy Be as clear as possible about the remedy you would like.
| Remedy Under the Montreal Convention I would like to claim compensation for my damaged luggage and expenses as listed above:
Total claimed is therefore £400.45 |
| 8 | Reply Give your opponent 14 days to reply to the letter – to either:
OR
OR
| Reply Please do not ignore this letter. I would like us to try to resolve our dispute without court proceedings and legal costs. Please reply in the next 14 days, so that this dispute can be resolved as set out in this letter. |
| 9 | Consequences Point out that ignoring your letter will mean you may start legal proceedings for the court to deal with the dispute and that you may refer the judge to your letter. | Consequences I am sure it will not prove necessary but if I do not hear from you within 14 days then I will raise a complaint with the Civil Aviation Authority and progress further, if necessary, until this matter is resolved. I look forward to hearing from you within the next 14 days. |
| 9 | Ending | [If you started with their name]: Ian Rate [If you started using Dear Sirs]: Ian Rate |
Expert legal advice you can rely on:
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