Flying down to Rio: what if your bag is left behind in Paris?

The good news, from Gunter Strauss’s point of view, is that he touched down in Brazil after flying from London Heathrow via Paris CDG to Rio. But he could be happier.

“British Airways would have been more convenient as it is a direct flight, but their prices are outrageous,” he writes. “On arrival in Rio we found that our luggage had been left behind in Paris and should be sent on to Brazil in a day or two.” Gunter’s bags have been “short-shipped” – airline parlance for left behind.

“Normally, on arrival in Rio, we travel straight on to our final destination, Pereque, a five-hour drive south in the beautiful Atlantic rainforest. Air France has advised us that they will not be willing to transport our luggage on to our destination. We will have to collect it at Rio airport. The dilemma now is either to stay at a hotel in Rio until our luggage arrives or to drive back to Rio once we have confirmation from Air France. This would be a round trip of some 600km. So my question is: who pays for the quite considerable cost and inconvenience, whichever option we choose?”

At the risk of annoying Gunter still further, let me begin by saying: I wouldn’t start from here. Whenever possible, take cabin baggage only – especially when transferring. If I was asked for the most likely scenario for luggage to be lost in transit, I would predict during a short transfer between flights at Paris CDG Amsterdam or Frankfurt. But we are where we are, and the baggage is where it is.

Regrettably, while European passengers’ rights rules are clear and prescriptive about delays to people, your entitlements when luggage goes missing are much more opaque. The Civil Aviation Authority says “airlines are liable for your losses”. Should your bag not turn up within three weeks, then it is regarded as permanently lost and your right to compensation is governed by the 1999 Montreal Convention. This caps the airline’s liability for each passenger for lost baggage to 1,288 “Special Drawing Rights” (a virtual currency created by the International Monetary Fund and currently worth about £1,350). But I have found no legal certainty to underpin standard practice among airlines: that they will deliver your bags wherever you happen to be, whether at home or in holiday lodgings.

On its online complaint form, Air France says: “We apologise for…