All flights that begin, end or go thru Europe are protected via the European Passenger Charter. It does not matter where the airline is registered.
Air Passenger Rights and Baggage Claims are likely to help you. From what I recall, a fixed cost per kilo applies to lost luggage which may or may not cover the cost of what you lost. The rest should be made up by your travel insurance (if you don’t think you have travel insurance, check your credit card as some provide insurance if your airline ticket was purchased via visa/mastercard).
In case of baggage delay, the air carrier is liable for damage unless
it took all reasonable measures to avoid the damage or it was
impossible to take such measures. The liability for baggage delay is
limited to 1000 SDRs (~€1,220).Complaints on baggage
If the baggage is damaged, delayed, lost or destroyed, the passenger
must write and complain to the air carrier as soon as possible. In the
case of damage to checked baggage, the passenger must write and
complain within seven days, and in the case of delay within 21 days,
in both cases from the date on which the baggage was placed at the
passenger’s disposal. Time limit for actionAny action in court to claim damages must be brought within two years
from the date of arrival of the aircraft, or from the date on which
the aircraft ought to have arrived.
Based on what I read above, I would ensure you send a registered postal letter (not email) to the airline who originally took responsibility for your luggage.
It seems that for reasons unknown BA only checked your bag(s) to Dusseldorf, so S7 never officially got your luggage. Without a baggage claim stub that shows your bags were checked on S7 by the customs agent, they are basically off the hook.
I don’t think you can go after S7 for BA not checking your bag through, as interlining baggage is a privilege not a right.
BA which accepted your bag for transport is theoretically responsible only to get it to Dusseldorf, where you “failed to claim it” (its not their fault you don’t have a visa).
You need to prove that BA could have checked the bag through and that their agent in London made a mistake. Otherwise I hope you had nothing of value in the baggage.
Credit:stackoverflow.com‘
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