SAS Messed up. What to do? Sue them?

[palmen]

That's exactly what I think as well. The rule that there is no compensation for delays when travelling home is a bit extreme. It implies people have extras of everything at home, and that is not always the case. It also allows companies to not bother that much and be less careful with what they are doing, reducing the quality of the service.

I understand this is not SAS-specific. But IMO it doesn't make it "less worse" just because it is a standard practice in aviation. It's unfortunate that we can't do much about it...

It's standard practice within the insurance world as well as aviation.
You are expected to have necessary stuff at home like an extra pair of pants, underwear, socks, shirts...
Usually lost luggage is loaded on next flight and delivered the next day. Of course sometimes shot really hit the fan and bags are gone for days and weeks.

This is another good example of why you never should pack important stuff in checked luggage.

 

[pswe]

It also allows companies to not bother that much and be less careful with what they are doing, reducing the quality of the service.

It takes one to know one!

Do you think airlines on purpose would delay baggage? And in addition keep track of which bags belong to travellers on their way home?

 

[Felipe]

It takes one to know one!

Do you think airlines on purpose would delay baggage? And in addition keep track of which bags belong to travellers on their way home?

Not on purpose, but if they had to deal with consequences in case it happened, they for sure would be more financially motivated to invest in a more efficient transfer between flights. More employees, for example.

 

[fiffig]

That's exactly what I think as well. The rule that there is no compensation for delays when travelling home is a bit extreme. It implies people have extras of everything at home, and that is not always the case. It also allows companies to not bother that much and be less careful with what they are doing, reducing the quality of the service.

I understand this is not SAS-specific. But IMO it doesn't make it "less worse" just because it is a standard practice in aviation. It's unfortunate that we can't do much about it...

I actually don‘t think it is ”extreme” as I mentioned before, vast majority of people do not encounter significant problems when it’s delayed on the way home.
I have experienced all sorts of problems by the delays which I think is quite specific to my situation and personality. I am for example kind of a minimalist where I don’t ever keep multiples of anything. I have one long winter jacket and one short, I wear the long one all winter long. Long time ago when I couldn’t be bothered to drag the puffy long down jacket around the globe and checked in the coat, it got lost (I knew it, silly me). That actually is a problem but I also don’t know anybody else who only owns one long winter coat. I use rather pricey hair care products that is not sold in local stores that I don’t have multiple of, while it might sound spoiled or whatever, it does cause me a great amount of distress to use anything else, such as drug store brands. At the same time though, I do not know anyone else who’d be so distressed about something like that. I know myself and I do also realize that it deviates from the ”average”. I have to have a lot of specific things available to me whenever I need it for my comfort and that does not seem like the case for a lot of people. My husband for example would be even happy if the baggage got delayed on the way home so he won’t have to drag it home himself. Anything he packs in it is available at a local ICA or drug store and he has no preferences either on exact which brands, and it causes him no distress. I am about the pickiest person I have ever known and my impeccable planning and OCD really causes me to be distressed when things doesn’t work out the way I plan it, but that’s just me…I would love to know what other people really suffer with actually if their bag was delayed on the way home…

My case:
Sport equipment & shoes - rather expensive pieces, I don’t own multiples of everything and also can’t be all carryon, personalized, not sold in stores
Clothing for sport - I do have some extra that hadn’t been discarded but less comfortable than the 4 sets I actively use at a time
Hair&skin care products - not sold in local stores and just like food, you wouldn’t want to buy extra for them to get old before starting to use

Except for the things mentioned above, it could be a little inconvenient at times but I can totally live with it.

So yes, while it doesn’t apply specifically to me but I do still think it’s pretty reasonable that there is no compensation for the matter and it’s not like they are aware of you traveling to or from the destination, separating the bags and go ”ok these ones are going home, ok we don’t have to care if their baggages are delayed or not“. I think they do always try to deliver your bag as soon as possible and they don’t purposely delay the baggage in any case.

 

[palmen]

Not on purpose, but if they had to deal with consequences in case it happened, they for sure would be more financially motivated to invest in a more efficient transfer between flights. More employees, for example.

It's already very costful too handle delayed luggage since they need to be pay extra for delivering it to the your home or wherever you are. No Airline delay bag on purpose, it does cost them a lot, but sometimes things doesn't go as planned, planes are delayed, airspace shut down, -40 degrees in Sweden and trying to operate normal...

 

[mbglo]

Just chiming in here, I may be completely off here, but my view is slightly different from the other:

It seems crucial to first establish if an agreement was reached with SAS regarding the new ticket. Given that you've made the payment and the ticket has been issued (as per SAS' conditions of carriage, which state that the ticket confirms the contract of carriage), it's reasonable to assume an agreement was formed.

The next consideration involves the authority of the person on the phone to enter into an agreement that would contradict the Eurobonus' terms. I would say that a SAS agent would be deemed to have implied authority (ställningsfullmakt) to represent SAS. Hence, if this holds true, the agreement would likely be valid.

If we accept these premises, it appears SAS has indeed canceled your flight. Consequently, you could be entitled to compensation under EC261/2004 (600 EUR per passenger) and reimbursement for any additional costs incurred.

Taking into account Sweden's emphasis on consumer rights, I think that you should not need to know that the booking potentially was against the initial terms and conditions.

 

[igelkotten]

Just chiming in here, I may be completely off here, but my view is slightly different from the other:

It seems crucial to first establish if an agreement was reached with SAS regarding the new ticket. Given that you've made the payment and the ticket has been issued (as per SAS' conditions of carriage, which state that the ticket confirms the contract of carriage), it's reasonable to assume an agreement was formed.

The next consideration involves the authority of the person on the phone to enter into an agreement that would contradict the Eurobonus' terms. I would say that a SAS agent would be deemed to have implied authority (ställningsfullmakt) to represent SAS. Hence, if this holds true, the agreement would likely be valid.

If we accept these premises, it appears SAS has indeed canceled your flight. Consequently, you could be entitled to compensation under EC261/2004 (600 EUR per passenger) and reimbursement for any additional costs incurred.

Taking into account Sweden's emphasis on consumer rights, I think that you should not need to know that the booking potentially was against the initial terms and conditions.

Agree.

If OP has the time and energy I think he can try make a claim with ARN. No guarantees it will be successful, but I don't think it is entirely futile in the way some other people here seem to think. My personal two cents is that it's better to just claim for the additional hotel nights and let the rest go; any compensation is likely to be small given Swedish practice on compensation, and not worth your time I think.

For baggage delays, all (?) airlines and most insurance companies carve out comp for delays on your return (my travel insurance does not have this carve out). However, this doesn't mean an airline can disclaim liability. If you have a legitimate claim for an item you packed in the bag which you didnt have any alternative for at home and which you urgently needed, I think you can first claim from SAS and if they give you a blanket no due to policy then try with ARN. The burden of proof is on you here, and comp would be for actual costs incurred.

 

[Hachans]

I love it when my bag is delayed to my home airport. I can just go home without a worry in the world and the bags will catch up a day or two later. The only time I was unhappy was when I had cheese in the checked in bag and the bag was stuck in Danish warehouse for a week before getting delivered.

I have managed to claim compensation on late baggage on the return flight, however while I was in my home country I wasn’t home and just between trips as I would leave again before the luggage caught up to me. I think it helped that it was with the same airline that delayed my bags in the first place. But that’s one of the few exceptions to the rule of never getting compensation on the return trip.

Not having spare things at home constitutes bad planning from the passenger, not the airline and hence isn’t compensated and shouldn’t be either. If you know you suffer from emotional distress from not having your hair care products, it is up to you to make sure you have extra at home or bring some in your carry on.

I know I suffer from bad migraines and I’d never check in my medication for that. I’d be hard pressed to complain to the airline if I check it in and it gets stuck somewhere.

 

[Pierluigi]

I still do not agree it was my mistake that I accepted a change offered by a SAS employee. But I respect your opinion. Blame me if you want, I still think SAS is wrong here.

SAS employee was surely wrong. But you are insisting that your "ignorance" of T&C is acceptable. It is not. T&C are like laws, and law does not admit ignorance. You can't escape a speed ticket simply saying "sorry officer, I didn't know about the limit", right?

Sent from my SM-S918B using Tapatalk

 

[fiffig]

Not having spare things at home constitutes bad planning from the passenger, not the airline and hence isn’t compensated and shouldn’t be either. If you know you suffer from emotional distress from not having your hair care products, it is up to you to make sure you have extra at home or bring some in your carry on.

I know I suffer from bad migraines and I’d never check in my medication for that. I’d be hard pressed to complain to the airline if I check it in and it gets stuck somewhere.

Was this directed at me since you mention ”hair care products”? In my post I repeatedly said how I think it’s very reasonable that it’s not compensated home bound. I do feel very distressed without things I need and I of course do whatever I can to avoid it. I was merely making the point of how I think it’s reasonable that they don’t usually compensate anything when you are coming home ALTHOUGH there are some exceptions for some people who actually does have troubles if not prepared. I am prepared but somebody like me who’d traveled for the first time wouldn’t be. I never said that it should be compensated for those people either, what I said was that it’s still reasonable that it’s not compensated. My point from the start to the end being that it’s not a problem for vast majority of people hence no compensation when coming home is reasonable, nothing else.

I take everything I need with me if I can (none of any hair products as they are liquid/spray over 100ml). The only time I absolutely had to check everything in was when I broke my leg 2 days prior, in excruciating pain everywhere else and both arms busy with crutches. When I was on a wheel chair I did take some essentials with me. I also suffer from periodical migraines so all the medications, contact lenses (I am blind without them), chargers, changes for a day in case of overnight delay etc are always with me.