Damaged, Late And Lost Luggage? What Are Your Rights?

Damaged, late and lost luggage? What are your rights?

What are your rights if your luggage does not appear in the luggage carousel at the airport but your bags appear but are damaged in any way? Consumer Choice Considers the rights of air travelers in the event of damage, delay, or total loss of their luggage and provides guidance on how to file a complaint.

Do I need travel insurance to successfully claim delayed, damaged or lost luggage?

Although travel insurance covers such claims, air travelers also have rights under an international agreement known as the Montreal Convention. Among other things, the Montreal Convention deals with the airlines' liability for lost, misplaced or damaged luggage. With 110 countries signed up - from Albania to Zambia - the Montreal Convention is widely applied worldwide, enabling air travelers to claim compensation if their checked luggage is damaged or fails to arrive on time or at all times.

Is the airline liable for checked (checked) luggage?

According to the Montreal Convention, the airline is liable if your checked luggage is lost, delayed, damaged or damaged, even if it is not faulty. The only exception to this is if the damage is caused by an inherent defect or poor quality of your luggage. In addition, if the airline fails to prove that all reasonable steps have been taken to avoid delays or that it is impossible to take such action, the airline will be liable in respect of the delayed luggage.

What about unchecked or unchecked hand luggage?

In the case of unchecked luggage, the airline will only be liable in the event of any damage due to the fault of the airline or staff.

How is the financial compensation for lost, delayed or damaged luggage calculated?

The liability limits of an airline at the Montreal Convention are set out in the Special Drawing Rights (SDRs). The value of the SDR is calculated daily by the International Monetary Fund, which is based on a basket of major currencies - the US dollar, the euro, the Japanese yen and the pound sterling. An SDR is currently valued at approximately € 1.28 (as of April 2015), and the airline's liability is limited to 1,131 SDR (or currently approximately € 1,447) per passenger for any voyage covered by the Montreal Convention. However, the Convention does not offer guidelines on how to calculate the amount of compensation to be paid in each individual case, and as the air carrier differs in their approach to compensation, passengers are required to prove the extent of their loss. Damaged or lost items.

What if the luggage content is worth more than the airline's liability limit?

If the content of your luggage exceeds the airline's liability limit of 1,131 SDRs, you may benefit from the higher liability limit by paying the associated fee for making a "special interest declaration" on the delivery of your luggage before checking it. Alternatively, if possible, you may want to consider carrying valuables in your luggage or taking out insurance that provides adequate coverage for certain items.

What if the luggage does not arrive at the airport after landing?

If your luggage does not appear on the luggage carriage, the first thing you should do is report your problem to the airline in the baggage reclaim area of the airport. You will need to fill out a Property Regulatory Report (PIR) - including the color, size, and distinctive features of your bag. Remember to keep a copy of the form with you, as it will provide proof that you notified the airline as soon as the problem occurred. The PIR is used to help you find your bag, but it's not a complaint form or a request for compensation - these are specific issues that you need to follow up on yourself. While completing a PIR is not a legal requirement, it may make it easier to successfully claim an airline if required.

After receiving a copy of the PIR, ask the luggage department for contact details and inquire whether the airline has a daily allowance policy for luggage late passengers. You will need to keep your boarding card and baggage tags, as well as receipts for any essential items you may have purchased as a result of delays in the arrival of your bag.

What if the luggage arrives at the airport and is damaged?

You should check the baggage you checked in at the collection and if it is damaged in any way, you should refill a PIR at the airline desk at the Airport Luggage Hall. The PIR should outline the damage caused, and you should keep a copy of the PIR along with your boarding card and luggage tags. It is important to report any damage immediately, as if taking a receipt for your checked luggage without complaint is prima facie proof that the luggage has been delivered in good condition.

To calculate lost luggage?

If the airline has not previously acknowledged that it was lost, your checked baggage will be deemed lost if it is not found within 21 days from the due date.

Are there any time limits for claiming luggage?

The Montreal Convention imposes certain time limits on claims for delayed, damaged or lost luggage, and any claims must be made in writing to the airline within the specified timeframe.

For damaged luggage - Only seven days from the date of receipt of your luggage can you make a written complaint to the airline.
Late baggage - Complaints must be made in writing within 21 days of arrival of the luggage.
For lost luggage - If your luggage has been missing for 21 days and is considered lost, you should file a written complaint with the airline as soon as possible. According to the Montreal Convention, any claims must be made within two years.

What documentation should be included when making a claim?

In the event of a problem with your checked luggage, it is important to keep your boarding card, baggage tags, booking confirmation and completed PIR, and submit copies of these to the airline in your written complaint. You should also keep a copy of the letter you sent to the airline. apart from:

In the case of damaged luggage, you must also submit proof of damage - for example, photographs of damaged luggage and confirmation from an independent source that the repair estimate or luggage is beyond repair, as well as receipts for damaged items

Depending on the airline's policy, you may need to keep receipts for any of the essentials such as toiletries and clothing that you may have due to luggage delays, such as late luggage and the above documentation. The airline returned. Alternatively, the airline may have a policy of paying a set daily allowance for each day of luggage delay.

For lost luggage, you will need to prove the extent of your loss up to 1,131 SDR, so you will need to submit the above documentation and a list of contents, original receipts or other proof of purchase - such as credit card statements - for lost items.

Are there any other options?

Depending on whether the lost luggage is under your policy, you may be able to claim your travel insurance instead, which may result in a better settlement than you received from the airline. However, you will also need to check the additional terms and conditions and submit proof of loss to validate your claim. If you are unable to successfully resolve your claim with the airline, you may want to discuss your situation with Ireland, the European customer center, at www.eccireland.ie, or consider taking the matter to court for minor claims.

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