By James Limbach
ConsumerAffairs.com
October 12, 2009
Airlines may not arbitrarily limit compensation for passengers who purchase necessities because their baggage is lost or delayed, according to a notice issued by the U.S. Department of Transportation.
In its notice, the department's Aviation Enforcement Office said that a number of carriers have policies stating that they will reimburse passengers only for buying necessities purchased more than 24 hours after arrival, and limiting such reimbursements to the outbound legs of trips.
This is in violation of DOT regulations that require that airlines cover all expenses caused by lost or delayed baggage up to $3,300 per passenger on domestic flights, DOT said.
"Travelers should not have to pay for toiletries or other necessities while they wait for baggage misplaced by airlines," said Transportation Secretary Ray LaHood. "We expect airlines to comply with all of our regulations and will take enforcement action if they do not."
Hassles with airline baggage are nothing new to travelers, as evidenced by this sample of complaints sent to ConsumerAffairs.Com:
• Anthony R. from Alpharetta, Ga., tells ConsumerAffairs.Com says that a bag containing medication that he had checked on an American Airlines flight from Atlanta to San Juan, Puerto Rico, failed to arrive on time. According to Anthony, "my bag arrived at the hotel at 10:30am -- 11 hours after it was received at the airport! AA claims it is not responsible because baggage handlers are to deliver lost bags within 4 hours of receipt & they are not AA employees - but it is AA who charged the $15.00 (to check the bag) and it is AA who lost the bag."
• Gwen W. of Orange Village, Ohio, says when she arrived in Omaha on a Northwest flight from Cleveland via Minneapolis, her one piece of checked baggage did not arrive with her. Gwen tells ConsumerAffairs.com that the Omaha airport Northwest agent checked the Northwest online system and told her that her baggage was due in the next day. But, she says here's what really happened after she investigated the matter further: "My baggage arrived before me/my flight arrived (Northwest made the choice to put my baggage on an earlier flight -- I didn't). My baggage was stored in the Omaha airport by Northwest personnel (Northwest made that choice -- I didn't). When I asked Northwest Omaha personnel about my baggage, they failed to tell me that my baggage was already in their possession (Northwest made an error)."
The Department said airlines should review their passenger handouts and contracts of carriage to make sure they comply with DOT rules. The Aviation Enforcement Office will monitor carriers' compliance and take enforcement action if necessary after 90 days from the issuance of this notice.
Last month the Department fined an airline for providing compensation for delayed baggage only for the outbound leg of round-trip flights and only for purchases made more than 24 hours after arrival, among other violations.
