Missing baggage problem - any advice, please?

[LapdanceShoeshine]

DD1 lives in NYC & after coming home for Christmas had the misfortune to travel back on Fri 5th Jan, when JFK had been closed all day Thu 4th due to a severe winter storm (the "snow bomb" ) & was not nearly properly set up for incoming international flights.

When her plane landed it went to the wrong terminal (2, not international) & sat there for 2 hours before steps & buses were produced to take passengers to T4.

They then waited for 5 hours until 11pm local time (4am UK time, poor buggers were exhausted) when it was announced that baggage would not be coming.

Since then there have been a variety of "explanations" & excuses. She flew with Thomas Cook, who don't have any local staff, & rely on Swissport to deal with any ground issues at JFK.

Various excuses were offered at different times. No customs at T2 but not safe to move plane to T4. Baggage compartment doors were frozen shut. Baggage had been offloaded. Baggage hadn't been offloaded. Baggage was all about to be delivered. etc etc etc

Lots of people endured horrible short breaks in NYC with no winter clothes in temps well below 0. DD did at least have some clothes in her apt.

Some people have tried to claim from T Cook for clothes & other things they bought & have been told they're only entitled to £15 & must claim from their insurers.

DD still hasn't got her bag. Supposedly all the baggage from her flight had been handed over to a local courier company so she was waiting patiently but it turns out today that isn't true. Some people have had some baggage delivered but the whole thing is a total cock-up.

So - 2 weeks down the line she still hasn't got her bag. TC now say they have sent someone to NYC sorting out the remaining missing bags but if hers is lost forever, what's her position legally?

She hasn't got receipts for most of her stuff. Who is liable & how much for? Thomas Cook pilot chose to go to the wrong terminal & it all escalated from there so surely it's down to them?

[leccybill]

I lost a holiday suitcase a few years ago on a Thomson flight back from Ibiza. Only mine was missing. I was assured it would arrive by courier shortly. It didn't. I had to give examples of distinguishing items that were inside it, book titles etc.
I had to submit an itemised list to Thomson but didn't need receipts, then they paid me £1150 after 12 weeks.

[LapdanceShoeshine]

oh that's really helpful & encouraging, thank you, leccybill!

I don't know how precisely she'll be able to remember what was in the case - it included lots of Christmas presents & also stuff like Tetley teabags & Lemsip

Luckily she kept some important things in her hand luggage, as she's had delayed baggage before, but she's still (currently) lost things she'd rather have kept. iirc her bag was overweight too so she had to pay extra.

[citybzg]

Thomas Cook pilot chose to go to the wrong terminal & it all escalated from there so surely it's down to them?

Pilot most certainly did not choose which terminal to park at. However I do think your claim is with TC.

[Maremaremare]

In case this is of help: www.citizensadvice.org.uk/consumer/holiday-cancellations-and-compensation/get-airline-compensation-for-lost-or-delayed-luggage/

[LapdanceShoeshine]

@citybzg

Thomas Cook pilot chose to go to the wrong terminal & it all escalated from there so surely it's down to them?
Pilot most certainly did not choose which terminal to park at. However I do think your claim is with TC

It's been covered on NY local news & a NY Senator said the foreign pilots absolutely did make a mistake. He said JFK were at fault in not managing the situation better but that the pilots were also responsible.

@maremaremare thanks for that link. DD has been in touch regularly with TC via twitter & email so I imagine she's covered within the 7 day thing.

It seems to be clearly the airline's fault here, because they choose to have no local staff & rely on swissport, who by several first person accounts on twitter couldn't be less interested when there is a problem

[citybzg]

It seems to be clearly the airline's fault here, because they choose to have no local staff & rely on swissport,

Swissport are ground handling staff. That's what they do. Airlines pay them for the service. They work for airlines in the UK as well. You say they chose to rely on them as if that abnormal, when really that's how airlines work. But yes your claim is still with TC.

[LapdanceShoeshine]

Obviously the swissport arrangement works fine normally - relying on them in an abnormal situation clearly isn’t fine!

Anyway, as it happens the actual TC person now in NYC appears to have moved mountains, & her missing bag was delivered to her apt at 2am (her time) today! On a school night!

She was so delighted to see it she actually stroked it (delivery bloke was surprised) & sent us a photo on whatsapp. Luckily it appears to have avoided the unfortunate T4 baggage hall flood which followed the snowstorm.

(They rang her at 11pm with an ETA of 2am-4am; she normally gets up at about 6.30, so she asked if they didn’t have any later slots, but they said “if I were you I’d wake up for it” so she went to bed with her phone under her pillow!)

Getting it back is such a relief, much better than the potential angst of trying to claim. Also it arrived at the exact UK time she set off for the airport 2 weeks ago not knowing if she’d even be flying. (That was a long day!)

Thanks all for advice