What would you do? They confiscated my $70 bottle of cognac, and I want it back

Editor’s note: This is the second installation of a new feature, “What would you do?” Here’s how it works: At 7 a.m. Eastern time, I present a case and ask you how you’d solve it. You can take a poll or sound off in the comments. At 5 p.m., I’ll reveal the poll results and tell you how it was fixed.

Liquid and gel restrictions have never been particularly easy to follow for air travelers, especially when they’re on an international trip. Is it 3-1-1? Or 1-3-3? Can I bring a drink on a domestic flight within Europe?

Those are the questions Sofia Romano pondered while sitting in first class on a British Airways flight from Los Angeles to London recently. She’d been eying a bottle of cognac from the duty-free cart, and a flight attendant assured her the beverage would make a smooth transfer to her Glasgow flight. So she plunked down $70 for a bottle of Remy Martin.

But when she tried to board her flight to Scotland a few hours later, the security agents had other ideas.

I was stopped by security and told that I would not be able to take the bottle of Remy Martin with me. I showed them my receipt, plus the fact that I just came from my flight, and they said that whomever had “packed” the bottle should have packed it in a plastic bag that was sealed with the receipt inside the bag.

I told them that I just disembarked from this flight and again showed them the receipt that the only place I could purchase this item was on board. They told me that the cabin crew member “should have known” what to do.

Oops. The security guys were right. There goes a perfectly good bottle of cognac, down the drain.

Now what?

It’s pretty obvious what Romano shouldn’t do: argue with the security guys.

“OK, I’m not going to fight with them,” she says. “There’s no point.”

She adds,

But here’s the thing: The security guys that took this bottle from me would not provide me with any proof that they had taken the bottle.

They would not give me their names, any ID number or any way to identify them. One was a supervisor and kept trying to shield his ID from me. He said they had “no procedure put in place to deal with an issue like this.” I even asked them to sign my receipt or even a piece of paper saying they took this bottle from me since I knew there was no way I would be able to claim this back from anyone.

After a while he blew me off and told me that if I went to “customer service” they would help – I knew they wouldn’t and the service desk just tossed me a card telling me to complain to British Airways.

No procedure in place, huh? I can picture those security guys toasting their lack of procedure right now — with a $70 bottle of Remy Martin.

Romano has already tried the obvious, which is to send a brief, polite email to British Airways describing her problem. No response.

The way I see it, she’s left with two good options.

First, she can appeal her case to someone higher up at British Airways. I list their names and emails on my customer service wiki. BA should care that a customer in first class had their duty-free bottle of cognac confiscated by Heathrow security. And if the folks on the front-lines of customer service don’t, then their supervisors should.

She could file a formal complaint with the airport, through any of several channels, including its website or Twitter. The airport might be able to help her get a refund for the confiscated cognac.

Which one would you choose — and why?

A majority (69 percent) said appeal to British Airways.

That is exactly what we did. I sent a note to British Airways (it didn’t respond). Romano forwarded her complaint to the airline’s chief executive, Willie Walsh.

I explained the situation and attached copies of all the receipts and I received a reply (from his assistant of course) saying that they apologize and they would send me a check to reimburse me for the Remy

And they did – whooo-hoooo!!!!

As you know – not the money. Just a tiny victory even being acknowledged. Lesson here – keep all receipts and write to the top.

Yes, indeed. I also heard from Heathrow after this story posted.

I am very sorry if this passenger found our staff to be rude or unhelpful. The officers involved should have explained the process carefully and called a manager who would have given their name.

If a passenger connecting through Heathrow is carrying an item that is prohibited in cabin baggage they can choose to leave it at security, or, subject to authority by the UK Border Agency, pass through to arrivals and check it in as hold baggage. Unfortunately we do not provide written confirmation when passengers opt to leave items at security.

Please be assured that all restricted items are securely collected by our recycling and waste management supplier. Our own security teams do not directly handle these items during the collection process and our staff and security areas are closely monitored at all times.

Heathrow has contacted Romano directly to apologize for the incident.

Thanks to everyone for helping resolve this case.

  • MarkieA

    I’d open the bottle in front of them and spit in it, hand it to them, and say, “Enjoy!”

  • BillC

    Once again a third option is needed. Do both. I would first go to the airline and then Heathrow security even if I received satisfaction from the airline.

    The link provided doesn’t mention her situation other than to state that spirits bought after going through security are pre-screened. There was no mention of allowing liquids through if they are sealed in a bag with a receipt.

    The only item I saw was
    ——————
    Liquids bought at the airport

    You can take into the aircraft cabin any liquids you buy after passing through security, as these items go through a separate screening process. This includes bottled water, wines and spirits and fragrances and cosmetics of any size.
    ———————————
    No mention that they will be bagged with a receipt.

    I would have thought that she was through security once she boarded in LA. Did she leave a secure area and then try to re-enter with her bottle?

    I guess this is an expensive lesson learned.

  • Tom

    When I was a teenager came back from Tijuana with an open bottle of tequila and was told by customs to drink it or pour it out. As it was 9 a.m., elected to pour it out. Lesson learned.

    Why anybody buys duty free escape me — the hassle of carrying the bottle alone exceeds the savings and who needs a big bottle of cognac anyway?

    Still, there something about this story that sounds less like security and more like thievery. Would bring it to the attention of airport officials since they need to know if airport workers are stealing. TSA, baggage handlers, check in counter workers — all have been caught stealing in the past and these crimes continue until somebody reports them.

  • Dude

    Lesson learned, but the flub was made with BA on the flight. Thats the person they do know. BA should be made aware, if they’d had the sealed bag, this wouldn’t have happened. The passenger had no way to know.

  • Karen P

    @BillC I have had items (water, sodas, etc) which I purchased beyond security taken from me at the gate. This seems to be strictly a Central American thing as I’ve only had it happen in C.A. countries (Guatemala, Costa Rica, Honduras, and Panama) but sometimes just because it’s purchased beyond security it doesn’t mean it’s getting on the plane.

    @Tom, I tend to agree on the silliness of duty free however I guarantee that bottle of Remy would have cost her a LOT more then $70 in Scotland.

    The airline should have known how to pack it, I’ve bought stuff at duty free and they staple the bag shut (what that does I have NO idea). I would complain again to the airline, the airport, and likely a consumer watchdog group in the UK (there are tons of them).

  • Toni

    $70 in TUITION. Live and learn.

  • Flyer

    Hi,

    I can’t really see any issue or claim with the security agency..

    In the end, if the law/regulation was correctly followed, then I see no merit or basis for the claim against them.. Yes, it’s unfortunate that it was seized, but in the end, the *security* agency doesn’t care and it’s not germane to them where you got the prohibited materials, only that they are in fact prohibited.

    As far as BA’s role in this.. That’s where it gets a little murkier.. Much like a travel agents giving advice or counsel about visas and such, the FINAL authority rests with the enforcement body– be that Embassy, or in this case, the security agency. I think that 3rd parties get into trouble when they start giving out information that they can’t confirm, control or be responsible for.

    So, the question I wrestle with is does BA have any liability for (allegedly) bad advice given to a passenger? What might sway my thoughts on this is “Was there any disclosures given? Does the duty free catalog or literature make any mention about the transit issue?”

    In other-words, IF the duty free catalog said you cannot take them thru the checkpoint, then I think it’s less BA’s fault..

    But, I cannot overlook the fact that (allegedly) the BA crew member said it would be OK.. and passenger rely on the ‘word’ given by staff..

    So, with the assumption that the BA crew member did in fact say this, then yes, I do think that BA owns some of this issue.

    What should have been said is that BA crew cannot give Customs or Security determinations- all those questions need to be directed to the specific agency involved.

  • John C

    @BillC

    During international flight connections, one almost always has to go through security again after going through customs.

    Don’t ask me why, but that is the way it has always been for me and those I know who travel.

  • Walt Blackadar

    I’d file a complaint against both, but I really think that if there is a regulation on how such a bottle should be packed, it’s up to the airline to know that and act accordingly. So I’d lean on BA a little harder to make this right.

  • Thomas

    Not quite sure of the regulations in the EU, other than they have the same 3-1-1 rule there. If a BA flight attendant didn’t package it correctly, it’s up to BA to make it right. If it’s a security issue, good luck and call it a $70 lesson learned.

    When you travel back into he states internationally and make a connection, you are required to put any liquids you bought into your checked luggage.

    As others have said, duty free is not worth the hassle.

  • Phil

    If BA is going to sell items such as this then the inflight crew should know, be informed and have the proper materials on board to follow the rules and regulations for security at LHR, if they are not going to have correct proceedures in place then they should not be selling these items. BA should refund her money.

  • Heather

    In my opinion its both a security issue and a BA issue. BA didn’t pack it correctly and they should compensate the OP for the loss. Collecting compensation could be problematic though since security refused to sign off on the confiscation and they would have to take her at her word that it was indeed taken. Something most front line customer service reps are not authorized to do (scriptreading, SOPs and all that), so if she wants her money back she’s going to have to go into the belly of the beast sadly.

  • Brooklyn

    I would do both, but Twitter seems most likely to succeed, especially if she posts it all over the place. But the problem isn’t just with British Airways; the security officers should have given her their names and a signed receipt of confiscation. Therefore, in her Twitter and other complaints, she should provide the flight information, time and, if possible, a physical description of the security officers who refused to give her a receipt and should raise the suspicion that they failed to turn over the cognac to their superiors and drank it instead (on duty?). That, way, there’s some chance that they might be made to suffer for their actions.

  • Bill

    I expect that she would have had to clear customs and then go to another terminal to fly to Scotland.
    The airline should know this and so should she.

  • Mike Z

    I said complain to the airport because the agents were “shielding their names” and were vague when she asked them who they were or how to identify them. They would not give her any type of paperwork saying that something had been confiscated and the reasoning, which I think should be a must when people request it.

  • Karen P

    @Bill, you said, “the airline should know this and so should she.” Really? What if this was her first international flight? She should have known in advance what was goign to happen? How? I travel internationally frequently and have often found myself explaining to people what happens next when arriving in another country or the US.

    She obviously had concerns about buying it, she was told by BA that all would be fine, that she wouldn’t have issue. How was she to know they were misleading her? She can’t do research while flying.

  • Kelly

    I think BA should have nothing to do with it. She should be dealing directly with Heathrow airport security. BUT I would assume that would get her no where. If anything, Chris, you should be contacting security, not the airline.

  • http://MANYYEARSAGO naoma

    Many years ago before all this business of TSA I was flying from Paris to my USA home. I had a bottle of REMY and the security man said: “You have Champagne.” I insisted I had Cognac and he insisted on “Champagne.” Finally I went through. He was just being kind and nice. Those were the GOOD OLD DAYS. Another time I was coming from Mexico with a GIANT PINATA and the pilot asked where I’d put it — I had NO IDEA. He took it into the cockpit with him and gave it to me when I got off. Bygone days…

  • Julie

    Really? I’ve decided to sit this one out as the choices given as far as I’m concerned don’t cover the reality: if she asked the question she knew there was some risk. Blaming anyone but herself is pointless. Lesson learned. At least it only cost $70

  • http://nmdfreelance.com Nancy

    My personal opinion is that the OPs issue is with the airline. They are the ones selling duty free. They are the ones giving people bad information. They are the ones who didn’t do their due diligence. The OP was in the air. She had no way of contacting anyone to know if what she was being told was true.

    British Airways owes the OP $70.

  • barbie45

    It seems BA was responsible. They failed to package it properly. Lean on them.

  • Jennifer

    Frankly, I don’t understand how this is Heathrow’s security issue at all. This is proper procedure. People fail to keep up with the security requirements at the airports they travel through. You will get nowhere demanding that security pay for a procedure they correctly followed.

    However, I do believe that BA is responsible for failing to properly train its FAs on how to package liquors (and I assume perfumes as well) for connections.

  • Mary Graham

    Yes, I would do both but if it’s the flight attendants fault and I’m forced to choose then complain to British Airways. They shouldn’t be “hawking” anything that won’t pass through security. The attendants really need to know the rules. It’s very serious to rip off your customers and that’s what this feels like. Ignorance is not excuse. Now the scalawag security people, hiding their tags etc., that’s another complaint.

  • Roger

    No Duty Free purchases on board are not worth the hassle, but the airlines push these sales because they make plenty money doing so. Resist and you will be better off, as this example shows. Hammer British Airways for not knowing the rules, and giving poor advice to the passenger … of course, had she ended her flight at Heathrow there would have been no problem. As one poster noted; she collected her luggage for passing through customs, and then handed it back for rechecking through to Glasgow. At that time she could have put the bottle (which was probably safely lodged in presentation box) in her checked luggage, and no further problems would have occurred.

    I find the attitude of the security staff at Heathrow, hiding their identities, and refusing to give a receipt, to be a disgrace and it goes to show that this farce of security screening and the overbearing attitudes of the personnel are just as obnoxious in Britain as they are here. This nonsense never stops … does a distillery sealed bottle of expensive Cognac really look like a potential bomb? But I can hardly wait for some fearful type to tell me that you can never underestimate the lengths to which these would-be bombers will go; they are as crazy as the bombers themselves.

    Go after British Airways … then think about taking on Heathrow security services.

  • Roger

    “I had a bottle of REMY and the security man said: “You have Champagne.” I insisted I had Cognac and he insisted on “Champagne.” Finally I went through. He was just being kind and nice.” Quote from Naoma’s blog.

    No, maybe he was just uninformed: The highest quality cognac is designated by the ‘Appellation Controlée’ as “Champagne” or “Fine Champagne” from the grape growing districts immediately adjacent to the town of Cognac. It has nothing to do with champagne, the sparkling wine, but it is noted on the bottle, and is an assurance that the grapes were grown in the best areas for quality cognac.

    We have had many similar experiences with US customs and agriculture inspectors on arriving from France–they cannot read the labels, or misread them, and we have had, in the past, foodstuffs confiscated as a result. Just as with duty free purchases of alcohol, we decided years ago that bring back foodstuffs was not worth the trouble.

  • http://www.thetravelinggiraffe.com Crissy

    I would complain to both.

    The behavior of the security staff at Heathrow sounds suspicious. While they may have been following procedure, I have to question that there is no procedure for taking expensive items? And refusing to give your name and hiding your name tag, I can’t imagine that would be part of their regulations. I have little doubt the security there had a nice time drinking the congnac and I wouldn’t be surprised if there was video showing it was confiscated, but never turned in. I have absolutely no problem with firing the security personnel and putting them in jail for stealing if that is the case.

    If there is video then that would certainly help with the case of getting the money back from BA. If BA wants to sell duty free on the plane, the flight attendants should be up to date on the procedures and package it properly. They should be reimbursing the OP.

    Of course that is all based on the presumption that the congnac was not packaged properly and was taken according to procedure.

  • Christopher Elliott

    I can’t wait until 5 p.m. to tell you how this ends, but I got slapped around last week for putting up the results at 4:30 p.m. So I’m biting my tongue.

    By the way, I’d be happy to notify you of the outcome. You can follow me on Twitter – I’m at @elliottdotorg or like my new Facebook page.

    Sigh. Don’t ya love social media?

  • ptkdude

    Liquor is the Devil’s nectar, and she should be glad they confiscated it. I hope she has learned her lesson and will keep the Devil away from her.

  • BucksterSF

    I think BA is clearly 100% at fault here. They owe the woman $70 AND an apology for the hassle.

  • y_p_w

    Well – at least it didn’t turn out like one incident I heard – where a man wasn’t allowed to take a bottle of vodka on board. At that point he opened it, drank the entire contents, and promptly passed out followed by hospitalization for acute alcohol poisoning.

  • y_p_w

    I mentioned the guy downing the vodka. Here’s the AP story on it:

    http://www.msnbc.msn.com/id/22219861/

    “BERLIN — A man nearly died from alcohol poisoning after quaffing a liter (two pints) of vodka at an airport security check instead of handing it over to comply with new carry-on rules, police said Wednesday.”

  • Dang

    Me too. BA have to be clear about transfer rules and don’t sell liquid duty free (alcohol, perfum, etc…) in case of doubt. BA should refund the $70 (even if BA is not legally abide to do it) and make clear directives and information about it.
    On the other hand, buying duty-free booze on International First Class is taboo. It’s OK to buy a Hermes Carf, Mont Blanc Pen, a Fine Watch, Cigars… but Alcohol or 12-pack of cigarettes is a no-no International First Class etiquette.

  • Zvi Menachem

    As I was reading the story (and before getting to the happy ending) I was going to suggest investing in another $70 bottle, removing the contents and refilling it with tea and some violent laxitive.

    I’m willing to bet that bottle of brandy didn’t go down the drain.

    Vindictive

  • Christopher Elliott

    @Zvi, I’m sure that bottle wasn’t discarded. Not a perfectly good bottle of cognac. In Europe.

  • Jesse

    ah, doesn’t it feel great to lose belongings to security…

    What can a passenger do when security tells them to fork over the $70 bottle of liquor or miss their plane?

  • Christophe

    Chris
    I find your last comment disappointing as it introduces a bias against europeans : would you make the same joke ( Ihope it was one) if we were speanking about a bottle of bourbon at a US security checkpoint ?

  • bill muto

    We were presented with a similar problem after buying two bottles of liquor at Geneva airport. We were given the package just as we boarded. When we got to NY, the customs people said we couldn’t carry the booze on board. Luckily we were able to go back to checked baggage, find our bags, and store the bottles in them. Beware of duty free shops who don’t advise you re the problem you might have carrying your purchases on board another flight.

  • Christopher Elliott

    @Christophe, no insult was intended.

  • Chicky

    @Christophe: I don’t know whether Chris would say the same thing about a bottle of bourbon in a US airport, but I sure would! And I am American!
    I figure anywhere a bottle of liquor is confiscated, whether in the U.S., Europe or anywhere else, it isn’t sent to the incinerator, for sure.
    It’s not a European thing. It’s a human thing.

  • Jeanne in NE

    @Christophe: I read it as a compliment, that Europeans have an appreciation for the finer things in life.

  • flutiefan

    hey i did NOT slap you around last week!
    just a light love-tap ;)

  • Thalassa

    When I worked at DFW airport many years ago, the duty free shops didn’t let you leave the store with your purchase. Instead, the purchases were delivered onto the plane. I’m assuming that’s not the case any more?

  • Bearsd

    I would have said “oops” and dropped the glass bottle on the ground.

  • Mark K

    @Thalassa

    If you buy an item at a duty free shop at the airport, yes it is still delivered to the plane at every US airport.

    The issue here is due to the connection which required a pass through security after landing before boarding the next flight. Buying the item at the airport and having it delivered to the plane would not have prevented this problem. In this case, either the flight crew did not understand that the passenger was connecting to another flight at LHR requiring a pass through security, or did not care and just wanted to make the sale.

    It is good to see that the airline did the right thing and refunded the money. And I’m sure that someone had a good drink in London from the confiscated bottle. ;-)

  • http://MANYYEARSAGO naoma

    Dear Roger, The customs man was French. He didn’t want me to have my Remy confiscated nor pay extra. Just being nice by a “wink, wink.” I knew what I had and so did he! Remy.

  • David

    So how much did a first class transatlantic flight cost? Last time I flew CLUB to the US it was £5000 – ten years ago. Guess BA saw the $70 refund as small price to keep a first class passenger.
    fyi there’s no change of terminal between international and domestic BA flights at Heathrow – it’s T5 for all BA flights now. Oh and we don’t have a 3-1-1 rule whatever that is – we have no liquids/gels greater than 100ml (and the original container must be no more than 100ml so no normal sized deodorants / large tubes of toothpaste even if almost empty) and all liquids/gels to fit in a 1 litre plastic ziploc bag.

  • Peter Kabatek

    The very same thing happened to my on a United flight from Beijing connecting in Narita with a plance change to the US. Of course I got my duty free in Beijing, double sealed with the receipt inside. We were connecting in the same terminal in Narita, so you wouldn’t expect there’d be any problem. However, there was a screening point for those connecting and they confiscated all duty free connecting from Beijing, even though the planes were one gate apart. I reasoned with the security agents and they eventually agreed with me, but their supervisor showed up and told me no. I had no choice in the matter. I went to customer service, who offered no help, neither did the United agent there. After getting back, I contacted a United executive, who sent me a note of apology and a $50 voucher on a future flight that I was not able to use. I will never connect through Narita ever again on that routing.

  • Gary

    Personal Experience – British Airways CEO Willie Walsh is good in responding customers’ concerns. If you have issues with BA that is not easy to resolve. Email him…

  • not worried

    @ Peter Kabatek
    Your experience at Narita may have been isolated. I went through Narita on my way to Beijing last year. I had a 1/2 Liter bottle of water that I had been given on the flight. When I went through the additional security prior to boarding my last leg to Beijing, the young man pulled the water out of my bag and said “May I?” indicating the water. I had forgotten it was in the bag but I said “of course.” He opened the bottle, sniffed the contents, recapped it and put back in the bag. It was one of those unexpected random acts that reinforce my faith in humanity.

    As for one agency not doing their job i.e. correctly bagging items, there will always be someone who doesn’t know or care about doing things the correct way. There will also always be those who take advantage of their position for their personal gain, even if it is a single bottle of booze. I don’t expect that to change in my lifetime.