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Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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What is my position regarding the following. 22nd June heathrow

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What is my position regarding the following. 22nd June heathrow terminal 1, at 10,30 the conveyor baggage system broke down, it stopped all day and resulted in 9000 bags being held at heathrow missing their flights.
I arrived at Iceland air desk at 11,30 , we waited until 12,30 when we were asked to give Icelandair our luggage and assured that it would be on the flight.
On arrival at Rekyavic there was no luggage (80 pieces arrived on a 280 seater) we submitted a file and gave all relevant information , since we were going north on another flight.
4-5 days the luggage arrived.
The holiday was a specialist fishing holiday at £2k per person.
Since we had no equipment, clothing we hired and had to buy warm gear, tackle ect.
We kept all records which total £600 per person , relatively cheap compared to what it could have been.
Iceland air have offered £60 compensation and said use your travel insurance. I have no household insurance and travel insurance covers £100.
I am continually trying to obtain more from Iceland air under the relevant EU and Montreal conditions but to no availe. What is my best method to reclaim now.
Alex Watts : Hello my name is ***** ***** I will help you with this. Please note that I am a working Solicitor and may be on and offline as I have to attend Court and meet with clients, even at weekends. As such you may not get an instant response when you reply, but rest assured I will be giving your question my immediate attention upon return You do not need to wait here as you will get an email when I reply.
Alex Watts : Did you have travel insurance please ?
Alex Watts : I see it covers you for £100 - why did you not have a higher value insurance ?
Alex Watts : what is it you would like to know about this please a.

I have travelled world wide and I am in the aero bussiness and over 30yrs I have always managed to sort this out with the carrier if there has been ay difficulties.


I had presummed that my insurance would have been slightly higher but unfortunatly it is no.

Alex Watts : Ok, give me a second

We are where we are and I think that the carrier in accepting the luggage when they knew that the luggage would most likly be delayed have taken a responsibility to deliver the luggage. I need to know as per my letter what action I can take to recover the costs, is a small claims court the best way or is this just for legal purposes and would not be suitable.I see that the carriers are liable under EU and a Montreal law to pay a amount but getting them to admit liability seems to be impossible.

Alex Watts : You are entitled up to 1200 euros so that would work out to about £1000 or so
Alex Watts : You need to write and set out your losses and request a refund of £600 per person within 14 days or say you will go to Court within 14 days. You should make sure you send this signed delivery and keep a copy.
Alex Watts : If they do not refund you then you can issue proceedings in the County Court. You can either do this online at: or by completing form N1 and take it to your local County Court.
Alex Watts : The Court will then issue a claim which a copy will be sent to the Defendant who will have a limited time to defend it, if not you can enter Judgment and enforce.
Alex Watts : If the matter is defended it will be set down for a trial. If the claim is for £10,000 or less it will be a small claim and you will not need representation.
Alex Watts : Can I clarify anything for you about this today please?

Can you state where in law the amount 1200 euros is stated so that this can be quoted.

Alex Watts : Montreal Convention
Alex Watts : Does that help?

Not really this is all basic stuff which iI have already done.


What I need to know is this suitable for a small claims court or will the fact that this is a Law issue mean it will be thrown out since the company will say that they were not at fault that BAA the luggage carrier was at fault.

Alex Watts : Yes it's suitable for the small claims court.
Alex Watts : Your contract is with the airline not BAA
Alex Watts : You sue the airline and the airline sues BAA if they wish to.
Alex Watts : You can't sue direct.
Alex Watts : Can I clarify anything else for you?

OK, that is what I thought, regarding who this is sent to , if its Iceland air would that be their UK headquaters, would the customer service area handle this or is there a specific dept I should aim at?

Alex Watts : Uk HQ yes. Customer services for any letter and just their UK Hq generally for any claim
Alex Watts : Claim issued for court that is
Alex Watts : Does that answer the question today for you?
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