The good news, from Gunter Strauss’s point of view, is that he touched down in Brazil after flying from London Heathrow via Paris CDG to Rio. But he could be happier.
“British Airways would have been more convenient as it is a direct flight, but their prices are outrageous,” he writes. “On arrival in Rio we found that our luggage had been left behind in Paris and should be sent on to Brazil in a day or two.” Gunter’s bags have been “short-shipped” – airline parlance for left behind.
“Normally, on arrival in Rio, we travel straight on to our final destination, Pereque, a five-hour drive south in the beautiful Atlantic rainforest. Air France has advised us that they will not be willing to transport our luggage on to our destination. We will have to collect it at Rio airport. The dilemma now is either to stay at a hotel in Rio until our luggage arrives or to drive back to Rio once we have confirmation from Air France. This would be a round trip of some 600km. So my question is: who pays for the quite considerable cost and inconvenience, whichever option we choose?”
At the risk of annoying Gunter still further, let me begin by saying: I wouldn’t start from here. Whenever possible, take cabin baggage only – especially when transferring. If I was asked for the most likely scenario for luggage to be lost in transit, I would predict during a short transfer between flights at Paris CDG Amsterdam or Frankfurt. But we are where we are, and the baggage is where it is.
Regrettably, while European passengers’ rights rules are clear and prescriptive about delays to people, your entitlements when luggage goes missing are much more opaque. The Civil Aviation Authority says “airlines are liable for your losses”. Should your bag not turn up within three weeks, then it is regarded as permanently lost and your right to compensation is governed by the 1999 Montreal Convention. This caps the airline’s liability for each passenger for lost baggage to 1,288 “Special Drawing Rights” (a virtual currency created by the International Monetary Fund and currently worth about £1,350). But I have found no legal certainty to underpin standard practice among airlines: that they will deliver your bags wherever you happen to be, whether at home or in holiday lodgings.
On its online complaint form, Air France says: “We apologise for the mishandling of your baggage and understand that this will be inconvenient for you. Please be assured that we will do all possible to assist you through this experience … We will advise you once your baggage has been received and arrange a convenient time for delivery.” But the usual scenario assumes the dispossessed passenger is reasonably close to the destination airport.
Air France has plainly decided it does not have a limitless obligation. This would be understandable were Gunter continuing on to Antarctica, or perhaps on a cruise ship from Rio. In his situation, I would invite Air France to find someone at the Brazilian airport who can arrange for the bag to be flown on a domestic flight to Florianópolis, less than an hour away from his chosen location. If the airline refuses? Travel insurance may help with consequential expenses, but if that route is unsuccessful, Gunter might have to resort to legal action. The Civil Aviation Authority says: “Airlines do not automatically consider themselves liable for the losses you incur following on from your bag being delayed unless forced to do so by a court.”
My best advice, though, to Gunter: consider how necessary that baggage actually is... Air France will have to foot the bill for essentials (keep all receipts and don’t go wild: £200 per person is probably about the most you should spend). And then you can be reunited with your baggage in Paris.
