Thread: National Express - Lost luggage

Hi all

My elderly Grandmother travelled on a National Express coach recently. When she got to her destination, she realised her suitcase was missing from the hold. Another passenger's also was.

The driver was helpful and took her back to the depot where they filled out a form. However, it has now been several weeks and she has now received a letter from them saying that their investigations have not resulted in finding the suitcase. They say that another passenger has 'probably taken it' and they cannot be held responsible for other people's mistakes...

Hmmm...

Their terms and conditions say:

5. NATIONAL EXPRESS RESPONSIBILITIES
5.1 Our obligation to carry you:
It is our obligation to carry you and your permitted luggage on the journeys permitted by your ticket, on and subject to these General Conditions of Carriage and any Special Conditions. We will make reasonable efforts to carry you with the minimum discomfort and inconvenience.

5.7 Our maximum liability to you:
Our maximum liability to you for any reasonable and foreseeable loss, damage or liability (including but subject to the limitation set out in Clause 7.11 for loss or damage to your luggage)which you may suffer or incur as a result of our failure to carry you, our delay in carrying you, breach of our contract to carry you, our negligence in connection with carrying you, or the deliberate or negligent acts or omissions of any of our officers, employees, agents, representatives or sub-contractors, shall be limited to an aggregate of £1000.

7.10 Notification of loss or damage:
If during any journey you should lose any of your luggage or any of your luggage is damaged you must notify a member of our staff as soon as possible after your discover the loss or damage. You must confirm any loss or damage of your luggage within 72 hours after the end of your journey by writing to the Lost Property Department at National Express Limited, P.O. Box 9854, Birmingham, B16 8XN, or email us at customer.relations@nation alexpress.com or any other advertised address for the purpose. If you do not notify us of any loss or damage to your luggage as required, then we will not be liable for that loss or damage.

7.11 Our liability for loss or damage to Luggage:
Your luggage shall be at your risk at all times, and we will only be liable for any loss of or damage to your luggage caused by our negligence. Our maximum liability to you for any loss of or damage to your luggage, whether for breach of contract, breach of any duty of care in relation to the luggage, our negligence, or any deliberate or negligent acts of any of our employees, agents or representatives, shall be limited to £500 for all such loss or damage. You should insure your luggage with reputable insurers against all usual and normal risks of loss or damage, to the full replacement value of the luggage, with no excess.


Can anyone help..? Do you think she has a case (well - not literally - obviously! That's the problem!!) for a claim with them?

By the way... she has no insurance (either household or holiday!) Yes - I had a go at her about that!!!

Thanks everyone.

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bump..?

Thanks CJ. I'll give it a go!

I have now heard back from them, and they say that, as passengers choose their own luggage from the hold (the driver hands it to them), they are not responsible. Seems to make rubbish of their terms and conditions to me..

It also seems ludicrous that any passenger couldn't simply choose an extra suitcase - just 'cos they fancy the look of it! Seems like a fast way to a Louis Vuitton case to me!!!

Anyone got any comments?

Thanks

Don't National Express include insurance in the ticket price?
hmm, im not sure, never mind, ignore me

Hmmm... I'm not sure either... Must check. Thanks!

I had a look on the National Express site, went through the process of booking a random ticket, in the process there's a checkbox to also buy insurance, it was only £1 with the random fare i was fake booking (Edinburgh to Liverpool).
If they still have the ticket or receipt check on it if it says anything about additional insurance.

Note 2 however in the "You are not covered" section might apply to you if the loss wasn't reported to the police.
Insurance note says :
YOU ARE COVERED

A. PERSONAL BAGGAGE

For up to £750 after making proper allowance for wear and tear and depreciation, for the value or repair of your own baggage (not hired, loaned or entrusted to you), which is lost, stolen damaged or destroyed: limited to £100 in respect of all valuables, limited to £100 in respect of a single article or a pair or set of articles (eg golf equipment). NOTE - In the event of a claim in respect of a pair or set of articles we shall be liable only for the value of that part of the pair or set which is lost, stolen, damaged or destroyed.

YOU ARE NOT COVERED FOR

1) If you do not exercise reasonable care for the safety and supervision of your property
2) If you do not obtain a written police report within 24 hours of the discovery in the event of loss, burglary or theft of baggage, valuables or money
3) If you do not obtain a written carriers report if your baggage is lost or damaged in transit (or a Property Irregularity report in the case of an airline)
4) For loss, destruction, damage or theft;
(a) due to confiscation or detention by customs or other officials or authorities
(b) of contact lenses, dentures, hearing aids, samples or merchandise, bonds, coupons, securities, stamps or documents of any kind, (other than as defined in the money definition), vehicles or accessories (other than wheelchairs and pushchairs only), tents, antiques, musical instruments, pictures, typewriters, portable telephones, computers and/or accessories, televisions, sports gear whilst in use pedal cycles, dinghies, boats and/or ancillary equipment, glass or china.
(c) due to wear and tear, denting or scratching, moth or vermin
(d) of valuables left as 'check-in' baggage
5) For mechanical Breakdown or derangement; for breakage of fragile or brittle articles being transported by a carrier, unless the breakage is due to fire or other accident to the vessel, aircraft or vehicle they are being carried in.
6) For baggage or personal property stolen from;
(a) an unattended coach/bus unless it was in the locked luggage compartment of the coach/bus and evidence of force and violent entry to the vehicle is available
(b) the passenger compartment of any unattended vehicle
7) For any shortages due to error, omission or depreciation in value
8) For any property more specifically insured or recoverable under any other source
9) For anything mentioned in the General Exclusions shown on page 2.

Thanks so much for going to all that trouble! This was my elderly Grandmother's ticket, and I very much doubt if she took the insurance option... I will certainly give this a go when I respond though.

Thanks again - you're a star!

Thanks very much for this Shelly. That sounds awful! I will keep asking them for the claim form.