A luggage transfer service lost my suitcase

Q Over Christmas, my partner and I travelled to Switzerland on the Classic Glacier Express tour offered by Great Rail Journeys (GRJ). This included the option of a luggage transfer service provided by Sherpr, which subcontracts to FedEx.

On Jan 3, we left one suitcase at the hotel to be taken back to the UK. FedEx notified us on pick-up with a tracking number and said it would arrive by Jan 8. This did not happen.

When FedEx and Sherpr failed to find the case, I asked GRJ, as my tour operator and responsible for the actions of its agents, to find out what had happened.

On Jan 26, Sherpr declared our luggage was lost. GRJ offered us £500 in compensation, a fraction of the inventoried contents which total £3,167.

I have argued that, under the Package Holiday Regulations 2018, GRJ is liable for our loss because of its agent’s lack of care. It has now offered £1,200, as a goodwill gesture, to set against the cost of our next trip to the Harz Mountains. However, we are still out of pocket. Can you advise on our rights?

– Christine Chapman A While the Package Holiday Regulations do say that the tour organiser is liable to pay compensation for financial loss caused by the actions of its suppliers, this liability is not unlimited.

GRJ’s terms and conditions come into play too. These say that if it is liable for the loss of a customer’s luggage, the maximum it has to pay out is the greater of (a) the excess on your insurance policy or (b) the amount payable by the supplier under its own terms and conditions. In your case this is £500.

I understand that you are not keen to claim on your bank’s travel insurance policy because you feel it might give it a reason not to continue to insure you. But I don’t think a supported lost luggage claim will affect future cover and this is the best way to secure the maximum compensation. Your bank will pay you up to £1,500 each, less a £75 excess.

I checked the position with trade association Abta (GRJ is a member and subject to its code of conduct). Its spokesman said customers are expected to make an initial claim on their insurance before claiming any excess charge or shortfall from their tour operator.

Your story has a happy ending, however. On Feb 9, you have told me, FedEx appeared on the doorstep with your suitcase. It was a bit battered, had been opened and the contents rifled through, but nothing had been taken. When you notified GRJ, it said it was happy to refund the £500 for the inconvenience or offer a £750 discount on your next tour, which you have now accepted.