My family and I have lost three out of five bags of our luggage on flight BA085 on the way to Vancouver, Canada. On arrival, when the loss of our baggage was discovered, BA issued us with a visa card to the value of £175, which under the terms and conditions of use of the card (if it is used) states as follow:

"Acceptance of this card will release British Airways and its employees and its agents from and be in full satisfaction of any legal rights that you may have against British Airways, its employees and its agents arising out of the circumstances which gave rise to the issue of this card subject to any rights that you may have under EU legislation, or in respect of lost damaged or delayed baggage under the notices and conditions of contract printed on your ticket.”

We think that it is scandalous for an airline to lose in excess of 100 bags on our flight and then ask people to sign away their compensation at the rate of £35 per person. Ian Caldwell, by email

Times Online Assistant Travel Editor, Ginny McGrath, responds: When luggage is delayed it is the responsibility of the airline to offer “first need” assistance to passengers - in other words to help them cover the cost of the bare essentials they will need while their bag is lost – typically this means toiletries, underwear and so forth.

The payment is variable depending on the needs of the passenger – for example, families with young children may be given a larger allowance to cover the cost of nappies, baby food and other items.

I’m not sure how you reached a figure of £35 per passenger – I assume there were five of you, although you say that only three of the five bags were lost. Nevertheless, £175 was clearly the amount that BA felt you needed to tide you over while you waited to be reunited with your luggage.

The pre-paid cards allow BA customers to withdraw cash and spend it how they want. BA use the cards for delayed and cancelled flights, for denied boarding compensation and for emergency needs when baggage is delayed.

In the first two instances the amount awarded to passengers is governed by EU legislation but in the case of delayed luggage, it is governed by the Montreal Convention, which stipulates no specific payment.

The clause in the terms and conditions of use of the BA card refers to the maximum liability stipulated by the EU. It does not stop you from making further claims against BA with regard to delayed or lost baggage. Bear in mind though that bags are only considered lost if they are not returned to you within 21 days.

It’s also worth noting that both BA and travel insurers have limited liability over the carriage of valuable items in hold luggage, so if an expensive or fragile item has gone missing or been damaged, it may be hard to get payment.

To make a claim for compensation contact British Airways Customer Relations online or write to British Airways Customer Relations, EU Compensation Claims, PO Box 5619, Sudbury, Suffolk, CO10 2PG.

The person making the claim must be one of the passengers. Claimants must supply their name and contact details, the names of other passengers being claimed for and their contact details, booking reference and details of the cancelled flight and/or relevant receipts.

Given the number of passengers affected by last month's disruptions at Terminal 5, it's possible your claim may not longer to process than normal, so I'd advise patience, and persistence.

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