'I refused to let them win': After this traveller's luggage went missing, he took on the airline — and won (2024)

With his bag checked in and passport in hand, Michael Pascale boarded an international flight in May 2022, oblivious to the real journey he was embarking on.

He was expecting to spend two weeks in Europe, then two months in the US.

He hadn't planned on spending 18 months arguing with the airline over lost luggage.

Once he got started, he couldn't stop.

"To say it was an obsession is probably not too far from the truth," Mr Pascale said.

"I refused to let them win."

His battle involved two courts, one tribunal and one very satisfying compensation payment.

This is a story about the man who took on an airline and won.

What happened?

Mr Pascale's travails revolve around his luggage, which he checked in at the airport then did not see again for several months.

He flew Qantas from Brisbane to Sydney, then SriLankan Airlines through Colombo to Paris, where the baggage carousel had nothing belonging to him.

'I refused to let them win': After this traveller's luggage went missing, he took on the airline — and won (1)

"It was that situation of just watching it go round and round … and then it never shows up," he said.

After filing a report, he started making daily, but fruitless, calls to Qantas.

With only the clothes on his back and one spare T-shirt, he had to do some shopping.

At this point it is worth noting Mr Pascale identifies as "frugal" and is not the kind of man who will replace his holiday attire if he expects his luggage to arrive soon.

Initially, he cut the legs off a pair of jeans he picked up at an op shop and acquired a pair of thongs for two Euro.

When Qantas told him it had located his bag back at Brisbane airport, Mr Pascale became hopeful, but no sooner had it been found, the bag went missing again.

In a stroke of bad luck, it was routed through London just as a technical issue disrupted the baggage system at Heathrow Airport, creating a sea of lost luggage.

'I refused to let them win': After this traveller's luggage went missing, he took on the airline — and won (2)

While Mr Pascale splurged on some essentials at the French equivalent of Target, his luggage continued on its global tour.

After leaving the UK, it spent some time in Dubai, then returned to Australia, by which time its owner had started researching the rights of air passengers.

A 'really inadequate' system

Consumer advocates have long argued stories like Mr Pascale's show the need to overhaul the system for dealing with passenger complaints and refunds.

Rosie Thomas from consumer advocacy group CHOICE said Australia needed a truly independent airline ombudsman.

"This should be fair, accessible, free and follow all of the principles that similar ombudsman schemes in other sectors like telecommunications and financial services use," she said.

Ms Thomas said most of a passenger's rights came from the terms and conditions of each airline.

"Each airline will have different rules and requirements that define what you're entitled to when things don't go to plan," she said.

'I refused to let them win': After this traveller's luggage went missing, he took on the airline — and won (3)

She said this left most passengers at the mercy of the airlines' email inboxes.

"The process really is inadequate," she said.

Victoria Roy, a lawyer who specialises in travel disputes, said Australian passengers had fewer clear rights to compensation than travellers in Europe, the UK and Canada.

"Australia is certainly very far behind," she said.

She is the spokesperson on travel law for the Australian Lawyers Alliance, which wants a passenger bill of rights to clarify passengers' entitlements when their travel is disrupted, or luggage delayed.

The terms and conditions of his ticket was not the light reading Mr Pascale expected to consume on holiday, but when he discovered mention of the Montreal Convention, he was hooked.

The multilateral treaty signed in 1999 allows passengers to claim compensation if their bag has been missing for more than 21 days.

When he took this to Qantas, with a dollar figure for the items he had bought, that airline promptly said it was SriLankan Airlines' problem because it had his bag last.

So, his ordeal continued.

"At this point, I'm in the US and I'm pretty livid because I don't want to have to deal with this," Mr Pascale said.

'David against Goliath'

Advocates say passengers seeking compensation for loss or damage should first take it up with the airline, then approach the Airline Customer Advocate if they are not satisfied with the outcome.

CHOICE said the problem with this agency was that it could not make binding decisions.

"It is an airline-funded email forwarding service that is completely ineffectual when it comes to complaint handling," Ms Thomas said.

She said many people did not pursue the compensation they were entitled to because they ended up suffering from "complaint fatigue".

Victoria Roy said airlines would be held more accountable for losses and delays if it was easier for passengers to seek compensation.

She agreed many people simply gave up.

"It's probably fair to say that most consumers will just put it in the too hard basket," she said.

'I refused to let them win': After this traveller's luggage went missing, he took on the airline — and won (4)

Not Mr Pascale.

At first, SriLankan Airlines told him he could not claim compensation because his bag had been found, but he was able to quote the fine print from the Montreal Convention's 21-day rule, which allowed him to dispute that.

He also knew the treaty allowed him to claim the replacement value of the items in his bag to the value of about $2,700, so he kitted himself out with enough gear to see him through two months in the US.

Then he sent SriLankan Airlines the bill, but it had its own idea about what he should be paid.

They emailed him, offering $US150 ($228).

At the time the airline said the amount was offered as “full and final settlement,” but in a statement to the ABC, it said the offer was of "a temporary nature" and was intended so that he could get emergency supplies while his bag was being located.

"We hope this unfortunate incident has not marred your impression of SriLankan Airlines," the email to Mr Pascale seen by the ABC read.

What was not marred was Mr Pascale's resolve.

"I obviously was not going to accept that," he said.

Ms Roy said court was the only option for passengers unsatisfied with an airline's offer of compensation, but navigating the court system could be hard, and lawyers expensive.

She said a successful lost luggage claim would not be more than $3,000 and with good lawyers an airline could argue they took all reasonable measures to avoid the damage or loss.

"Airlines have much deeper pockets than consumers," she said.

"It's a David against Goliath situation there."

'Spitefully happy'

By now, Mr Pascale certainly felt a large company was trying to walk all over the little man.

He started legal proceedings, taking his claim to the Queensland Civil and Administrative Tribunal.

"I just wanted to be compensated for the money I had spent on the clothes that I needed to survive the rest of my trip," he said.

"I wasn't asking for anything punitive."

The airline failed to show up to the hearing.

As a result, SriLankan Airlines was ordered to pay Mr Pascale $2,717 within seven days.

But because the ruling was made in Queensland and the airline is headquartered in Melbourne, victory was still out of his grasp.

Long story short, Mr Pascale transferred the ruling to Victoria where someone from the airline was then required to turn up in court.

'I refused to let them win': After this traveller's luggage went missing, he took on the airline — and won (5)

He knew the expense of that to the business would far outweigh what he was owed.

"I was feeling pretty spitefully happy about that situation," Mr Pascale said.

"Australian consumers should not be having to fight this hard to receive what they're entitled to under existing airline protections," Rosie Thomas added.

With a bit of detective work Mr Pascale found the name of the company's country manager and his usual business hours, then hired a process server to ensure the court documents were correctly handed to the executive.

That did the trick.

"It didn't take long between that document being served and then me getting a phone call from Blue Rock Lawyers," Mr Pascale said.

Eighteen months after his bag went missing, the airline agreed to pay Mr Pascale the money he was owed.

'I refused to let them win': After this traveller's luggage went missing, he took on the airline — and won (6)

In a statement to the ABC, Sri Lankan Airlines said it apologised for its delay in addressing the QCAT proceedings and was conducting a thorough internal investigation as to why the matter was not addressed.

The airline also said it complied with its obligations arising under the Montreal Convention as detailed in its terms and conditions and that it did not intend to delay what Mr Pascale was entitled to.

'I refused to let them win': After this traveller's luggage went missing, he took on the airline — and won (7)

Consumer groups hope change is coming. The federal government is expected to release its aviation white paper within weeks.

Transport Minister Catherine King has said it will include strong measures to better protect the interests of consumers.

"Like all Australians, the government wants an aviation sector that supports our nation's way of life and this means services need to be reliable, competitive and affordable," Ms King said in a statement.

Qantas and Virgin had previously argued that stricter compensation schemes would push up the price of airfares, but recently opened the door to supporting an improved complaint resolution system.

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'I refused to let them win': After this traveller's luggage went missing, he took on the airline — and won (2024)

FAQs

'I refused to let them win': After this traveller's luggage went missing, he took on the airline — and won? ›

In short: Michael Pascale spent 18 months chasing compensation and his luggage after it went missing on an overseas trip. Consumer advocates have long argued stories like Mr Pascale's show the urgent need to overhaul the system for dealing with passenger complaints and refunds.

What to do if an airline refuses compensation for lost luggage? ›

The airline may require you to provide receipts or proof of any valuable items that were in the checked luggage. Airlines also have to refund you any baggage fees paid to the airline for a checked bag. If the airline fails to resolve your compensation claim, you can file a complaint with the DOT online.

How much do airlines pay if they lose your luggage? ›

"The average compensation from an airline for checked luggage that is either lost or damaged is $1,525 to $3,500, under U.S. and Montreal Convention air passenger rights laws," says Tomasz Pawliszyn, CEO at air passenger rights organization AirHelp.

What happens if luggage goes missing? ›

Contact the airline or airport staff immediately

In many airports, airlines have a desk in the baggage reclaim hall. Go here to file a Property Irregularity Report (PIR) about your missing baggage, or ask a member of staff where to report the missing bag.

What happens to luggage when you miss your flight? ›

For example, major carriers often tag luggage for the flight connection and final destination. If you miss a connecting flight, your bags will usually be stored securely by the airline and then loaded onto your next flight once you're rebooked.

Can airlines refuse compensation? ›

You're unlikely to get compensation if the delay was because of something outside the airline's control, like bad weather or a security risk.

Can I sue an airline for losing my luggage? ›

Consider filing a lawsuit against the airline in small claims court. Small claims courts handle a wide variety of property-related lawsuits which include lawsuits for lost luggage by an airline. Small claims court is also an affordable and user-friendly way for you to sue an airline for lost or delayed luggage.

What is the maximum airlines pay for lost luggage? ›

When hold luggage is lost, delayed or damaged airlines are liable for your losses. However, there are no rules which fix the amount of compensation you should receive. It will depend on the value of what you have lost and the maximum will be around £1000, however, it would be very rare for you to receive this much.

How much money do you get if an airline loses your luggage in Canada? ›

The airline is liable for damages caused by delay in the transportation of checked baggage, up to a certain limit: CAD$2,300 (approx.) on itineraries within Canada and international itineries, including to the US; and.

How much money do you get if an airline loses your luggage in India? ›

Baggage Compensation: Domestic

In domestic flights within India, the delayed/damaged/lost bag compensation differs. In case of baggage loss, delay, or damage, the liability is limited to INR 20,000 per passenger. For delayed or damaged cargo, the limit is INR 350 per kilogram.

What are you entitled to if your luggage is lost? ›

According to the U.S. Department of Transportation, you are entitled to compensation for reasonable incidental expenses you incur because of your delayed baggage, up to the maximum liability limits, set by statute. For U.S. domestic flights, this is $3,800 per passenger.

Which airline loses the most luggage? ›

American Airlines was the worst offender, losing or damaging more than eight bags for every 1,000 checked. Or, if everyone on a Boeing 737 from Los Angeles to New York checked an item, at least one would be lost or damaged. Still, the odds are less than 1% in general.

How to claim compensation for delayed baggage? ›

Delayed Baggage Compensation: What To Do?
  1. Hold onto your boarding pass and your checked luggage receipts. ...
  2. Report the damage before leaving the airport after receiving your bags. ...
  3. Fill out a damage claim form, or Property Irregularity Report. ...
  4. Present your bags for inspection so they can be repaired or replaced.

Do airlines pay you back for lost luggage? ›

Under DOT regulations (for domestic travel) and international treaties (for international travel), airlines are required to compensate passengers if their bags are damaged, delayed, or lost.

Do airlines usually find lost luggage? ›

Only 3% of luggage is actually lost or stolen.

Chances are that you will get your lost luggage back before the end of your trip.

Can my luggage leave without me? ›

The plane must not leave carrying luggage objects of a passenger who doesn't show up in the plane finally.

How do I get my money back for lost luggage? ›

Report missing luggage to the airline's baggage service office before leaving the airport, and use the identification number they give you to file claims online for reimbursem*nt.

What is the compensation for a lost suitcase? ›

File a claim with the airline once your luggage shows up.

For travel on an international itinerary, the airline must provide delayed baggage compensation of up to approximately CAN$2,350 for items you may need until your baggage is returned to you.

How much will United reimburse for delayed baggage? ›

How much compensation can you get from the United Airlines
Delayed Checked Baggage Compensation Liability Limits
Domestic FlightsUp to $3,800 USD
International FlightsUp to $1,728 USD
Apr 22, 2024

Are airlines responsible for lost or damaged luggage? ›

Airlines are responsible for damage to your luggage if the damage occurred while the luggage was under the airline's control. Airlines are responsible for either repairing or reimbursing a passenger for damaged baggage and/or its contents.

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