What to do when an airline loses your suitcase?

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What to do when an airline loses your suitcase? delay or even, arrives damaged. The passenger has rights when these situations occur.

If you want to know the compensation 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 concern in any trip and more if, for example,, it is a long one with a lot of clothes or you carry valuable items in your suitcase, that this does not arrive with your flight, come later or just, has been lost.

We need to remember, when you buy an air ticket, this is a contract where both the airline and the passenger have rights and obligations to meet.

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

Montreal Convention

Celebrated on 1999 for the purpose of unifying certain rules relating to international air transport in order to achieve a fair balance of interests between carriers and users.

This agreement defines the basic rules of the International Air Transport Contract, in order to generate statutes on the rights in the handling of luggage and cargo, so that users when making a claim for damage, lost or delay, should be based on the following:

• This agreement applies to all international transport of persons, baggage or cargo carried on aircraft, in exchange for remuneration. It also applies to free transport carried out on aircraft by an air transport company.
• In the transport of passengers, a transport document will be issued, individual or collective, that contains: a) Indication of departure and destination points; b) If the points of departure and destination are located in the territory of a single State Party and one or more stops are planned in the territory of another State, the indication of at least one of these scales.
• The carrier will provide the passenger with a baggage identification tag for each item of checked baggage..
• The passenger will be given a written notice indicating that when this agreement is applicable, it shall govern the liability of the carrier for death or personal injury, and by destruction, baggage loss or damage, and for delay.
• Failure to comply with the provisions of the preceding paragraphs will not affect the existence or validity of the transport contract that, nevertheless, shall be subject to the rules of this Agreement, including those relating to the limits of liability.

Article 17 – luggage damage

• The carrier is responsible for the damage caused in case of destruction, loss or damage to checked baggage for the sole reason that the event causing the destruction, loss or damage occurred on board the aircraft or during any period in which the checked baggage was in the custody of the carrier. Nevertheless, the carrier shall not be liable to the extent that the damage is due to the nature, to a defect or vice inherent to the baggage. In the case of unchecked baggage, including personal belongings, the carrier is liable if the damage is due to its fault or that of its servants or agents.
• If the carrier admits the loss of checked baggage, or if the checked baggage has not arrived by the expiration of twenty-one days from the date on which it should have arrived, the passenger may assert against the carrier the rights arising from the contract of carriage.
• Unless otherwise indicated, in this Convention the term "baggage" means both checked baggage and unchecked baggage..

Article 19 – Delay

• The carrier is responsible for the damage caused by delays in the air transport of passengers, baggage or cargo. Nevertheless, The carrier will not be liable for damage caused by delay if he proves that he and his servants and agents took all measures that were reasonably necessary to avoid the damage or that it was impossible for them to, to one and others, adopt such measures.

Article 20 – Exoneration

• If the carrier proves that the negligence or other wrongful act or omission of the person seeking compensation, or the person from whom your right comes, caused or contributed to the harm, the carrier will be exonerated, totally or partially, of his responsibility to the claimant, to the extent that this negligence or other wrongful act or omission caused or contributed to the damage.

What should I do if your luggage does not arrive, is damaged or lost?

Give written notice to the airline immediately after noticing faults or breakdowns, the inside of 7 days from the date of receipt.

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

How much compensation can I receive?

The airlines pay, by law, limited indemnities that in international air transport are normally equivalent to approximately US$25 per kilogram, up to a maximum of 1000 Special drawing rights (International Monetary Fund currency). This is without prejudice to the right of passengers to resort to the Courts of Justice in order to demand the payment of full and greater compensation..

The maximum value that can be received as compensation is up to a few $1.500 dollars and varies according to the value of SDRs.

Delay in the delivery of the suitcase

In this case, The compensation is calculated based on the time elapsed since the luggage disappears until it is returned to its owner.. The compensation only covers essential items such as basic clothing.

baggage loss

For lost luggage, the user will have to make a detailed list with everything he was carrying, indicating brand, model, estimated year of purchase, etc. Based on this, the airline will make a valuation with a discount for the normal wear and tear of the items..

luggage damage

You should do it preferably before leaving the baggage area or until 7 days after the end of the trip. The value to receive will depend on the evaluation of the damages, age of the suitcase, etc. If the suitcase is new and you receive it damaged, I recommend you have the purchase receipt at hand to prove your age.

recommendations

• A claim can be made up to 21 days after the trip in case of lost luggage.
• A claim can be made up to 7 days after the trip in case of luggage damage, but the sooner the better.
• It will not be considered loss until the day 21 since the trip ended.
• Hire travel insurance with coverage in case of loss or delay of luggage.
• Avoid carrying valuables or electronic items in your suitcase.
• Always make the claim as soon as possible, avoiding doing so after leaving the baggage claim area, there will always be staff from your airline in that area to help passengers with related problems.
• Do not lose the ticket or checkbook of your luggage, opposite case, claiming for loss or delay will be a much more complex process.
• Keep receipts and invoices of everything purchased during the trip, to be able to make the corresponding claim for the lost or stolen value.
• Compensation is not immediate, so it could take a few weeks until they make it effective in your account or as the payment has been agreed.

You can read the entire Montreal Convention here:

Convention-Montreal-transport-cargo-luggage

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