Can I get compensation for our luggage being held up?
Q Due to delays at baggage reclaim at London Gatwick, we missed a connecting flight to Guernsey. We then had to travel to Southampton, stay overnight and get the first flight out. Am I entitled to compensation from Gatwick airport or the airline?
Steve M
A European air passengers’ rights rules are specific about the traveller’s entitlement to care – and sometimes compensation –
when flights are delayed. But they are maddeningly silent about how swiftly baggage should be delivered after a flight. This year many passengers have endured ridiculous waits for luggage. Who’s to blame? Often the airlines and airports say it is down to staff shortage among ground handlers. These are the companies that airlines engage to load and unload bags and provide many other services during an aircraft’s turnaround.
You have a contract with the airline to deliver you and your baggage to your destination. In the case of a really excessive delay that, as in your case, triggers significant costs, you could seek recompense from the airline under the Consumer Rights Act 2015. This law requires a company to exercise “reasonable care and skill” in fulfilling its obligation to you, which includes the performance of any other staff (in this case the ground handlers) that are subcontracted to provide services.
The airport is rarely to blame for the late delivery of luggage, unless the baggage system has failed. You do not have a contract with Gatwick, though in theory, if a system failure was responsible, you may be able to make a claim.
In either case, seeking compensation will be tricky. I infer that you had separate tickets – one to Gatwick, and a second to Guernsey – which sets a potential trap. Clearly you could not leave the arrivals area until the bag had appeared (or it had become clear that the luggage had gone missing). It must have been extremely frustrating to see your plane go without you. Had you booked a through ticket via Gatwick to Guernsey, then responsibility would have rested with the airline(s) involved to get your baggage to the Channel Islands and deliver it to your home.
I recognise, though, that many flights to and from Gatwick are “point to point” on airlines that do not market connecting tickets – partly to save on the extra expense involved when transfers go awry. Back to my traditional mantra: travel with only cabin baggage if you can.
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