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How to demand compensation from an air company for the lost baggage?

Jevgenijs Belajevs, lawyer of Law office INLAT PLUS, 11.10.2010.Print version
Question: May I demand compensation from an air company that failed to deliver the baggage in due time?

Answer:  Convention for the Unification of Certain Rules Relating to International Carriage by Air (Montreal, 28 May 1999), hereinafter referred to as – Convention, as well as Regulation (EC) No 889/2002 of the European Parliament and of the Council of 13 May 2002 amending Council Regulation (EC) No 2027/97 on air carrier liability in the event of accidents, hereinafter referred to as – Regulation, prescribe the rights of passengers for compensation of damages.

 

According to Regulation, in case of baggage delay, the air carrier is liable for damage unless it took all reasonable measures to avoid the damage or it was impossible to take such measures. The liability for baggage delay is limited to 1000 SDRs (approximate amount in local currency). SDR (Special Drawing Rights) represents a claim to foreign currencies for which it may be exchanged.

 

Pursuant to Article 33 of Convention, an action for damages must be brought, at the option of the plaintiff, in the territory of one of the States Parties, either before the court of the domicile of the carrier or of its principal place of business, or where it has a place of business through which the contract has been made or before the court at the place of destination.

 

Therefore, in case of suffering damages due to air carrier’s failure to deliver the baggage in due time, a passenger has the right to claim relevant compensation in accordance with Convention and Regulation. However, a passenger shall prove the amount of damages, as well as connection between losses and actions of the air carrier in order to recover compensation for damages.

 

Law office INLAT PLUS

Brivibas 40-15, Riga

+371 67505970,

+371 26403577

[email protected]






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