What is the responsibility of airlines when they damage your luggage? Airlines are responsible for repairing or reimbursing a passenger for damaged baggage and/or the contents of the passenger in the event of damage, while the baggage is under the control of the airline during carriage (subject to limits of liability). You should then submit a report on baggage irregularities at the airport. Luggage counters are usually located near luggage rides. You should report any problems with poorly handled baggage at the baggage reception desk before leaving the airport. It`s not a legal obligation to do so, but it can be difficult to assert a claim if you don`t. The law gives you 7 days to submit your claims for damaged or late baggage. Due to this short time, it is recommended that passengers submit their claims as soon as possible after becoming aware of the problem. On the other hand, under EC 261, you can claim EU flight compensation for disruptions in the last 1-10 years (depending on local legislation). My understanding of the damage is if you incur additional costs caused by the loss, damage or delay of your bag. In other words, if you have to spend money that you wouldn`t have spent otherwise because your luggage doesn`t arrive on time. The Montreal Convention applies to both checked and unchecked baggage. The aircraft must repair damage to luggage while on call.
However, if the damage is due to the nature of the baggage itself or if there is an existing defect, the airline cannot be held liable. For example, if you put fragile glasses in a suitcase only designed for soft luggage, the airline does not compensate you. To prove that damage was caused during transport or in the custody of the airline, taking a picture of your luggage before checking in is a good idea. So you have proof that your bag has not been damaged before this date. If your luggage is late, damaged or completely lost, it`s extremely frustrating and can ruin your trip. It can also be quite expensive if you are considering the necessary replacement purchases if this happens. Fortunately, you can get compensation from the airline if you have any of these three problems. Unless otherwise stated, the reference to “baggage” includes both checked and unchecked baggage.
Passengers must submit baggage delivery to their airline as soon as possible. The airline must repair or replace your damaged baggage, hold baggage or hand baggage if the damage occurred while the baggage was under its responsibility. Unchecked baggage is also included in this provision, although it is difficult to imagine a situation in which the airline could lose, damage or delay your unchecked baggage. If you report a baggage problem at the airport, the airline or its representative (there may not be separate counters for each airline) must issue a property irregularity report (PIR) and give you a copy. Your airline will want to see the PIR if it asserts a right. However, it is not mandatory to have a PIR and an airline should not dismiss your complaint without just one. If your baggage has still not been returned to you more than 21 days after your flight, the airline should treat it as lost and pay your fees on that basis. Although airlines are not required to take charge of proper use, airlines cannot exclude liability for damage to wheels, handles, belts and other components of hold baggage. For all travel covered by Montreal, the airline`s liability for baggage is limited to 1131 SDRs per passenger ($1685.19, £1051.83 or A$1922.70), unless otherwise stated.
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