Lost luggage and inability to check in luggage until final destination

Question

I am a citizen of Kazakhstan and I have recently travelled from London Heathrow 5 to Dusseldorf, then to Moscow Domodedovo and then to Ust-Kamenogorsk(Kazakhstan). The route from LHR to DUS was operated by British Airways and DUS-DME-UKK was operated by S7 Airlines (date of travel: 20th of December). I have purchased these flights at S7 Airlines website as a single ticket and S7 and BA have a check-in until final destination because they are in Oneworld Group (e.g. it was like this when I travelled LHR-DME-UKK). To mention, I don't have a Schengen visa and hence I am not able to leave transit zone in Europe.

However, at London Heathrow British Airways representative could not check me in until final destination. They have made checks and said to me that I would be able to collect my luggage and check in by myself at Dusseldorf Airport, so my luggage was checked in to Dusseldorf. However, at Dusseldorf airport, Customs asked me for my luggage tag number and said that they will check in my luggage for the flight to Moscow Domodedovo and I was transferred to the terminal of my next flight. At Moscow, I spoke to representative of S7 and they told me there were no luggage for me and I continued my travel to Ust-Kamenogorsk. At Ust-Kamenogorsk airport, I have reported lost luggage to S7 representative and at home I made a report on British Airways website.

On 22 of December, I was called by airport staff and they said my luggage was delivered. When I came to the airport, they brought a bag in the name of a completely different person and it was not my luggage, but it was in a packaging and my name surname was on it. So, I have reported both to S7 and British Airways that it was not my bag and they are currently searching for it.

Do I have the rights to ask for fee compensation from S7 due to inability of full luggage check in?

And: Is there a way for me to speed up BA and S7 to search for my bag and what to do to certainly get a compensation if my bag is gone missing after 21 days?

I understand I could simply not to travel and purchase a new ticket, but British Airways said to me after 20 minutes of checks that I would be able to collect my luggage and I did not expect my luggage to be lost.

Answer 1

All flights that begin, end or go thru Europe are protected via the European Passenger Charter. It does not matter where the airline is registered.

Air Passenger Rights and Baggage Claims are likely to help you. From what I recall, a fixed cost per kilo applies to lost luggage which may or may not cover the cost of what you lost. The rest should be made up by your travel insurance (if you don't think you have travel insurance, check your credit card as some provide insurance if your airline ticket was purchased via visa/mastercard).

In case of baggage delay, the air carrier is liable for damage unless it took all reasonable measures to avoid the damage or it was impossible to take such measures. The liability for baggage delay is limited to 1000 SDRs (~€1,220).

Complaints on baggage

If the baggage is damaged, delayed, lost or destroyed, the passenger must write and complain to the air carrier as soon as possible. In the case of damage to checked baggage, the passenger must write and complain within seven days, and in the case of delay within 21 days, in both cases from the date on which the baggage was placed at the passenger's disposal. Time limit for action

Any action in court to claim damages must be brought within two years from the date of arrival of the aircraft, or from the date on which the aircraft ought to have arrived.

Based on what I read above, I would ensure you send a registered postal letter (not email) to the airline who originally took responsibility for your luggage.

Answer 2

It seems that for reasons unknown BA only checked your bag(s) to Dusseldorf, so S7 never officially got your luggage. Without a baggage claim stub that shows your bags were checked on S7 by the customs agent, they are basically off the hook.

I don't think you can go after S7 for BA not checking your bag through, as interlining baggage is a privilege not a right.

BA which accepted your bag for transport is theoretically responsible only to get it to Dusseldorf, where you "failed to claim it" (its not their fault you don't have a visa).

You need to prove that BA could have checked the bag through and that their agent in London made a mistake. Otherwise I hope you had nothing of value in the baggage.