Money Matters: Is it right we won't get compensation for lost luggage on cruise?

For many of us, this summer will have been the first time we’ve managed to get away since the covid pandemic and its associated travel restrictions. The disruption at airports across the country, with delays or cancellations often at short notice, scenes of passengers sleeping on terminal floors and baggage piling up in mounds, may well have swayed you into choosing a cruise holiday instead. Alternatively, you might be a seasoned cruise connoisseur.

Either way, such trips are supposed to be a relaxing and enjoyable time - especially when the cost of living crisis is causing real worry for households across the nation.

Finding out that your luggage has been lost, then, is every traveller’s worst nightmare.

You wonder how it might have happened, whether it’ll be temporary or gone for good.

It is not surprising that it put a dampener on your trip and I am sorry this happened to you.

The first thing I would recommend doing is to go through the cruise company’s terms and conditions carefully to check its procedures for making a claim for reimbursement and resolving disputes.

It is always better if you can find a satisfactory conclusion with the company instead of potentially dragging it through the courts.

If you struggle to find a satisfactory solution with the company (it sounds like it is intent on not issuing compensation), then it may be that you can claim on your travel insurance - assuming you bought it before your trip.

Travel insurance normally covers you up to a certain limit for lost or stolen baggage and belongings so take a look at your policy documents to see if you might be able to claim in this situation.

Delayed baggage cover will pay a financial contribution towards the cost of things like essential toiletries, medication and delayed clothing if your baggage is lost for longer than a specific period of time (often 12 hours) after your arrival.

If that yields no joy, there are laws which may allow travellers to bring a claim through the courts against the provider for damages (compensation) arising from the loss of luggage.

Which law applies would depend on your exact situation.

Luggage lost at sea is typically covered by the Athens Convention 1974, a United Nations treaty.

However, whether passengers can claim compensation depends on a range of factors, including where the cruise departed and stopped off (not all countries are signatories), and where - and in what circumstances - the luggage was lost.

Lost luggage situations may also be covered by the Package Travel and Linked Travel Arrangements 2018 (‘the PTRs’).

For the avoidance of doubt, it is probably a package holiday if it was advertised as a package or all-inclusive deal; you bought the holiday for an inclusive or total price; or you bought more than one part of your holiday from one company with one payment. It is likely a linked travel arrangement if you buy one service from a tour operator and are then prompted to buy another - but your information and payment details are not transferred.

Cruises are usually covered by the PTRs, which contain duties for providers to put things right if something goes wrong on the holiday. Where applicable, the PTRs provide for travellers to be reimbursed for necessary expenses, and to receive compensation, depending on the exact circumstances..

I’m afraid as this is not a straightforward area of law, it would be worth seeking legal advice before taking action under either the Athens Convention or the PTRs.