What to do when an airline loses your suitcase?

¿Whaté do when an airlineíNea loses you the evil? delay or even, arrivalñada. The passenger has rights when these situations occur.

If you want to know the compensationón for delays or cancellations, follow this link: www.nlarenas.com/2017/07/compensacion-y-responsabilidad-aerolineas-ecuador

Many times we have had that fear or worry.ón on any trip and máyes for example, Is it a long one with enough clothes or are you wearing artívaluable asses in your suitcase, that this does not arrive with your flight, arrive laterés or simply, has been lost.

We need to remember, when you buy a ticket toéreo, This is a contract where both the airlineíBoth the passenger and the passenger have rights and obligations to meet.

The 40% of baggage claims are due to delivery delays, 37% atños, 13% to theft of belongings and the 10,5% corresponds to the pétotal loss of luggage.

Montreal Convention

Celebrated on 1999 for the purpose of unificationón of certain rules relating to transportation toéinternational prisoner to achieve an equitable balance of interests between transporters and users.

This agreement defines the rules báspecifications of the Contract of Carriage AéInternational prisoner, in order to generate statutes on the rights in the handling of luggage and cargo, so users when making a claimón for dañO, pérdida or delay, dutyán be based on the following:

• This agreement applies to all international transport of persons, baggage or cargo carried on aircraft, in exchange for remunerationón. It also applies to free transportation carried out on aircraft by a transport company toéreo.
• In the transport of passengers,á a transport document, individual or collective, that contains: a) Point it out to usón of the starting and destination points; b) If the starting and destination points areán located in the territory of a single State Party and have provided for one or moreás stopovers in the territory of another State, indicate it to usón of at least one of those scales.
• The carrier will deliverá to the passenger a certainóno identificationónumber of baggage for each piece of checked baggage.
• The passenger will be givená a written notice indicating that when this agreement is applicable, éste regirá carrier's liability for death or injury, and for destructionón, pérdida or haveíto luggage, and for delay.
• Failure to comply with the provisions of the pápreceding paragraphs do not affectá to the existence or validity of the contract of carriage, nevertheless, meetá subject to the rules of this Agreement including those relating to theílimits of responsibility.

Artíass 17 – andñor luggage

• The carrier is responsible for the dayñor caused in case of destructionón, pérdida or haveía of checked baggage for the sole reasonón that the fact that causedó you destroy itón, pérdida or haveía has occurred on board the aircraft or during any periodíwhenever the checked baggage is in the custody of the carrier. Nevertheless, the carrier will not beá responsible to the extent that the dayñor is it due to nature, to a defect or vice inherent to the baggage. In the case of unchecked baggage, including personal belongings, The carrier is responsible if theñor is due to your fault or that of your dependents or agents.
• If the carrier supports the péloss of checked luggage, or if the checked baggage has not reached the expiration date.ón of the twentyún días following the date on which he owesíto have arrived, the passenger caná assert against the carrier the rights arising from the contract of carriage.
• Unless otherwise indicated, in this Agreement the téterm “Baggage” means both checked baggage and unchecked baggage.

Artíass 19 – Delay

• The carrier is responsible for the dayñor caused by delays in transportation toépassenger prisoner, baggage or cargo. Nevertheless, the carrier will not beá responsible for the dayñor caused by delay if you prove that éHe and his dependents and agents took all measures that were reasonably necessary to prevent the dayñor or that it was impossible for them, to one and others, adopt such measures.

Artíass 20 – Exonerationón

• If the carrier proves that negligence or other actón in omissionsóimproper conduct of the person seeking compensationón, or the person from whom your right comes, causó he isño o contribuyó a él, the carrier will remainá exonerated, totally or partially, of his responsibility to the claimant, to the extent that this negligence or other actón in omissionsón improper has caused the dayñor or contributed to él.

¿Whaté What should I do if your luggage does not arrive?, Eastá andñI love or got lostó?

Give written notice to the línever aéarea immediately afterés of having noticed faults or faultsías, the inside of 7 días from the date of receiptón.

Remember that you have the right to make a statementón special value for the luggage you carry, having the carrier in turn the right to charge a supplementary fee or not accept the transport of such baggage.

¿Cuáno compensationóI can't receive?

The líneas aéareas pay, by law, limited compensation than in transport toéInternational prices are normally equivalent to approximately US$25 per kilogram., up to a máximo of 1000 Special drawing rights (International Monetary Fund currency). This is without prejudice to the right of passengers to appeal to the Courts of Justice in order to demand payment of compensation.ón íwhole and greater.

The value mámaximum that can be received as compensationón is up to about $1.500 dólares and varíthe assistantún the value of the SDR.

Delay in the delivery of the suitcase

In this case, the compensationón is calculated based on the time elapsed from when the luggage disappears until it is returned to its owner.ñO. The compensationón covers úonly artíbasic asses like clothes básica.

Péloss of luggage

For the péloss of luggage, the user will haveá I had to make a detailed list of everything I was carrying., indicating brand, model, añestimated purchase price, etc. Based on this the Aerolíno haveá an appraisalón with a discount for normal wear and tear of the itemsíglasses.

Andñor luggage

You should do it preferably before leaving the baggage area or until 7 díundress theméthe trip is over. The value to be received dependsá of the evaluationón of the daysños, antigüsuitcase age, etc. If the suitcase is new and you receive it,ñada, I recommend you have the purchase receipt at hand to prove your age.

recommendations

• A claim can be made up to 21 díundress themés of the trip in case of pélost luggage.
• A claim can be made up to 7 díundress themés of the trip in case of dayñor luggage, but the sooner the better.
• I don't know how to considerá péloss until día 21 since it endedó trip.
• Take out travel insurance with coverage in case of péloss or delay of luggage.
• Avoid wearing artíasses of value or electricityóunique in your suitcase.
• Always make the claim as soon as possible, avoiding doing it laterés of having left the ábaggage claim area, there will always beá your airline staffínea in that area to help passengers with problems related.
• Do not lose the ticket or checkbook of your luggage, opposite case, claim for péhow long it takesá a much m processás complex.
• Keep receipts and invoices of everything purchased during the trip, to be able to make the corresponding claim for the lost or stolen value.
• The compensationón is not immediate, so you caníIt will take a few weeks until they make it effective in your account or secúpayment has not been agreed.

You can read the entire Montreal Convention hereí: