Is this enough compensation? 5,000 miles for a late bag

When something goes wrong on a trip, you don’t always get the compensation you deserve — you get what you negotiate. Alright, maybe that’s not an original line, but it is an appropriate way to introduce Barbara Leon’s case.

Did American Airlines offer her the appropriate compensation for failing to deliver her bag to Greensboro, NC, on time? Or should it have refunded the baggage fee, as she requested?

These are interesting questions, because there are no real industry standards for on-time luggage delivery, in an age where bags generally don’t fly free. On one extreme, you have Alaska Airlines, which offers either $20 off a future flight or 2,000 miles if your bag is more than 20 minutes late — and on the other hand, you have legacy carriers who often give you nothing.

Leon flew from Miami to Greensboro with her son and his wife and three children in December. She checked two bags curbside, one of which was overweight. Leon paid $25 for the first bag and $85 for the second bag.

When we arrived at Greensboro, the heavy bag was missing. My daughter-in-law immediately reported it to American, and was told it might be on the next flight that would arrive at 9 that night, on an incoming flight by another airline or on the following day.

She was assured it would be delivered to our final destination, my other son, Robert’s house in Boone, NC. We left his address and contact phone numbers.

The Leons had packed their Christmas gifts in the lost bag. They also mistakenly put her grandson’s asthmatic inhaler in it.

After much calling back and forth, the courier, a local older man, said he did not feel safe in delivering the bag all the way to Boone (103 miles) because of snow accumulation on the highways.

My grandson offered to drive from Robert’s rural house to the main highway (194), but the driver would not go farther than Wilkesboro, 33 miles (one way) from Robert’s house in Boone; he agreed to wait for my sons to drive there to retrieve the bag which they did about 9:30 Christmas night.

So Christmas was saved, and her grandson got his inhaler back, but what does American owe her for losing the bag?

I have reviewed AA’s contract of carriage, but cannot decide whether the airline broke the contract by not delivering the bag as promised. Do I deserve to recoup the fee on the checked bag that arrived late?

Luggage fees and baggage delivery isn’t addressed in American’s terms. I suggested she send a brief, polite email to American, describing her problem and asking for compensation. She requested a refund of her bagage fee.

Leon received a surprisingly thoughtful form letter that explained why her baggage was late, and the following resolution:

Under the circumstances, we can certainly appreciate your point about the baggage charge you paid. However, we must respectfully decline to refund the charge. The baggage charge you paid was assessed to transport your belongings as specified under our baggage allowance policy.

At the same time, while we do our very best to ensure your baggage arrives when you do, we do not make this absolute guarantee. Accordingly, while we understand your perspective, the issue of the baggage charge and the delayed arrival of your baggage are two completely separate matters.

Nevertheless, we are not unmindful of the inconvenience you experienced and we’d like to extend a gesture of goodwill. Accordingly, I’ve credited your AAdvantage account with 5,000 bonus miles.

I can see both sides on this one. The baggage fee covered the transportation of her luggage, but no warranties were made about the timing of the delivery. When the post office delivers a package late, you typically don’t ask for a full refund of your shipping fee.

At the same time, isn’t there an implied promise that your bags will fly with you on the plane and that they’ll be delivered when you arrive? Shouldn’t that somehow be addressed, either voluntarily by an airline (like Alaska) or involuntarily, through regulation?

Did Leon get enough compensation from American, or should she try to negotiate a better deal?

You said “no” — by a pretty wide margin.

(Photo by Trey Ratcliff/flickr creative commons)

  • Brian\PVD

    By my quick search, I’m assuming this was a direct flight. It really should not take that much effort to take a bag from check in and place it directly on a plane. It doesn’t seem like this was a short connection issue either.

    This is just another piece of evidence supporting my theory that MIA is place where checked luggage goes to have a nice vacation.

    Issues with contractor aside, for an extra $110, I think the OP has a reasonable expectation that all their luggage will make it onto their direct flight, that is unless they checked it at the last minute.

  • Cassivella

    Let’s think about this in another way…

    Let’s say I pay the going rate to fly myself from Miami to Greensboro.

    There is a weather delay due to some mystery blizzard that prevents my plane from going from Miami to Greensboro on time.

    I choose to wait (instead of getting a refund for my ticket and scrapping my plans) and take the next offered flight, which is very late the same night.

    I’m miffed because I had a comfy ride lined up to pick me up at the airport and drive me the 103 miles to my final destination, but that person isn’t available that late, so I have to make alternative transportation.

    Does the airline owe me any compensation? It is clear that the answer is no if the airline is transporting a passenger. Why would it be any different for a piece of baggage?

    I know of no airline that guarantees your baggage will even arrive and not get lost forever and ever. Most airlines do a good job of getting your baggage on the same flight you take. If not, then they usually get it to you on the next flight, and they are nice enough to deliver it to you, as opposed to you having to come back to the airport to pick it up. I’ve had delivery guys drive over 4 hours to bring me my luggage.

    If a plane has a cargo space issue or weight allowance issue – which bag to you think is going to go first? The single oversize/overweight bag that might just upset a single customer (especially one that doesn’t have a fancy elite flier tag on it)? Or should I remove two, three, four, or more bags with the potential to tick off multiple passengers? I have a feeling the oversize/overweight bag doesn’t have a chance…

    Additionally, wouldn’t it have been significantly cheaper to ship the presents? I mean, for $85 I bet I could have overnighted the contents using UPS or FEDEX for Christmas or at least Christmas Eve delivery for significantly less money. And I would have gotten a money-back guarantee, real-time package tracking, and proof of delivery.

    All in all, especially when you add the sob story about the asthma inhaler, this really sounds like buyer’s remorse. The OP is ticked off they didn’t plan ahead well enough to not get charged an oversize/overweight baggage charge, and when the bag arrived late (note, they made the choice to drive to the bag – the bag would have been delivered the next day), they got ticked off and decided they were entitled to a refund.

    Since a delay in delivering a passenger to a destination does not warrant a refund, a delay in delivering a bag does not either.

    5K miles is more than enough compensation for someone’s lack of planning.

  • Jeanne in NE

    @BucksterSF: I’ll agree that Michigan has snow! The one and only time I’ve ever gotten my Subaru Forester stuck was in a state park in MI, trying to get to a great snowshoeing trail. Still love the UP, though!

    Greensboro to Wilkesboro is 80+ miles. Wilkesboro to Boone is 32+ miles. The “local older guy” drove 160+ miles roundtrip. I notice that the OP mentioned snow accumulation, but didn’t mention the snow storm. Perhaps she understated the situation? My sister said 12″ of snow fell Christmas Eve/Christmas Day and sent me video on Christmas Day to show to our mother about all the snow she had shoveled.

    I’m thinking the courier was not lazy, but was motivated to remain a local older guy, rather than the *late* local older guy.

  • Kevin M

    Mention has been made of pending regulations for getting luggage on the same plane when you pay for checked bags. As others have noted, there’s a significant problem with paid cargo displacing paid bags (since air cargo generates a lot more revenue per pound per square foot than any checked bag). So any regulatory scheme needs to directly address this problem.

    A fair regulatory solution would be:

    -If an airline allows luggage to be checked free, it shall make all reasonable efforts to include the bag on the same flight as the passenger. If not, the contract of carriage must require the airline to deliver the bag to the traveler, wherever he ends up at the time the bag can be delivered. If the passenger is inaccessible (on a cruise, for instance), then the clock keeps ticking in terms of compensation (below) until the passenger becomes accessible again. If a delay is at least 12 hours or crosses the midnight threshold, whichever happens first, the airline is on the hook for reasonable expenses to replace anything needed (sleepwear, toiletries, etc.) for the duration of the delay.

    -If an airline charges to accept checked bags, the bag shall travel with the customer’s flight or (a) the fee shall be refunded and (b) the provisions for “free” checked bags kick in.

    -In either case, delays more than 24 hours shall cost the airline either $25, or its first checked bag fee, whichever is greater, per 12-hour period or fraction thereof that the bag is delayed, beginning from the arrival of the flight at the destination, until the bag is delivered.

    -On any given flight, an airline shall prioritize luggage/cargo loading as follows: first, all bags for passengers on that flight. Second, any bags for passengers on previous flights whose bags could not be accommodated on the previous flight. Third, ONLY after all such bags have been accommodated, may an airline load cargo from non-passenger sources.

    I think those rules would go a long way towards ending the fiasco that baggage handling has become.

  • Mike Z

    @ Noah, if your plane arrives late, you typically still arive at the same time your bags do. Depending on how late your plane arrives, you may get compensation. Also, late plane arrivals are covered under laws and your contract. There is no contract language that was disclosed here regarding fees of baggage lost or late.

    @Bill “be happy you got it”. WTF kind of statement is that??? That would be like you paying $1,200 for a new LED tv from Best Buy and asking for delivery. they deliver but the TV is broken. Well I guess you should just be happy that you got it huh? Maybe they deliver it 2 weeks after they said they would, just after your busted Super Bowl party.

    @ Thomas and @ Arizona Road Warrior -Boone may be used to snow, but the OP specifically states that they are over 100 miles from the airport. There is a LOT of difference in 100 miles and driving 100 miles in the snow is no pleasure. I live in Cleveland and even though I drive in the snow often, I wouldn’t want to drive 100 miles in it any day of the week, even if getting paid. Even here, the difference of 100 miles can mean 10* in temperature, and the difference between a blizzard and a light rain. Even here, 20 miles can be the difference between getting 12″ of snow and getting virtually nothing at all. And if you need more proof, the distance between Cleveland Browns stadium and the stadium the Pittsburgh Steelers play in is a bit over 100 miles. Talk about contrast!!! LOL I stand by my original statement because I know snow.

  • Mike Z

    @ Kevin M. Any penalties need to include actual penalties a dn not just refunds. A full refund PLUS a minimum of a $50 penalty per day ($50 after 6 hours late up to 24 hours) would be a deterrent. Lost baggage also gets a larger penalty. In order for an airline to take notice and change their ways, you need to impose a penalty that makes some difference to their bottom line.

  • Jen

    Actually, if the Post Office, UPS, or FedEx deliver an Express Package late, you do ask for a full refund of the shipping fee. You pay extra to have it delivered Express, & if it is not done, then you are guaranteed your money back.

  • George

    AA didn’t lose the bag at all – it was located and it was determined that it would be arriving on a later flight. 5,000 miles was more than adequate compensation, but maybe a $50 voucher would have been better.

  • Ernest

    American (Eagle) misplaces, damages or steals * I mean
    looses* my bags from DFW to LBB more times than they ever deliver
    them on time. I always know that my bags make to Dallas because I
    have to retrieve them before going through customs so it is easy to
    know where the fault lies. AA and I have had many discussions about
    this but thats another story. My past 20 flights through DFW has
    resulted in my receiving my luggage on time 8 times. Of the other
    12 times, 5 were missing-not found, 4 were delivered later and 3
    were at the airport before I arrived having come on an earlier
    flight. Of the 8 times it arrived when it should, 3 times suitcases
    were damaged beyond repair. One was torn in half and my items were
    floating on the carasel, 2 had zippers, wheels torn off and gouges
    torn through the sides. During the first few times that my luggage
    didn’t make it, they delivered the next day. After the first few
    times, it bacame a 2 or 3 day delivery. Lately, they have been
    using FedEx delivery because (per phonecon with AA luggage dept) it
    is cheaper to contract delivery through FedEx than to pay a local
    guy to drive the 110 miles one way for a suitcase. I understand the
    cost of delivery and have never requested miles or comp for my
    luggage that arrived late, not because it don’t diserve it but
    because my luggage flys free from international flights. I guess I
    am grateful that they actuall gave it back to me instead keeping
    it. One thing I do thanks to AA, I keep a detailed list of every
    item in my suitcase to include how many q-tips are in my shaving
    bag and I keep every receipt that may have something that was in my
    bag. As a result, they have gotten much better at reimbursing me
    for the actual loss. My family says its because I have too much
    time on my hands, I say its because I am tired of being taken
    advantage of. I spend about $5000 each trip for business class
    seats and expect my luggage to arrive. Unfortunately American
    (eagle) between DFW and LBB does not seem to agree with
    me.

  • http://www.mike-greene.com Michael Greene

    5,000 miles is adequate compensation in my opinion; though they could have refunded the checked bag fee portion of the baggage fee for that particular bag. It cost her more ($85) because it was overweight, that’s not American’s problem, but they could have refunded the original baggage check fee for that bag if they wanted to go above and beyond in the customer service arena (though you *shouldn’t* expect that from American). They transported the bag, as they had the obligation to. In all honesty, the private courier that refused to make the delivery is more the issue here, refusing to drive the bag to the customer (the bag was clearly at the local airport).

    5,000 miles is adequate. This story was blown out of proportion; if it was any day other than Christmas with the risk of a child not getting his presents it wouldn’t have been nearly as exaggerated. It’s inconvenient, but the bag was delivered within 24 hours and would have been quicker if the courier hadn’t had reservations about the weather.

    The weather in NC was very bad that night too, even on Christmas you have to have some respect for the poor guy risking his life to deliver a bag. Presents can wait.

  • Rose

    The most fascinating part of this whole thread is Ernest’s experience at DFW. They’re the worst individual baggage statistics I’ve ever heard! Ernest, what did you do to incense the DFW luggage-handling crew? Is there an irate husband who keeps an eagle eye (yes, that’s a pun) out for your stuff? I admire your very calm recitation, but American’s record is just appalling.

  • http://www.angelacappetta.com AC

    It gauls me when airline representatives have this complacent attitude when it comes to making a gross grievance, right. This is the problem with the world. No one wants to really help anyone.