Can I get compensation from the airline for delayed or lost baggage?
Expert's answer 0 + –
The largest tour operator TUI left a foreign tourist literally without pants. Traveler's luggage went missing en route to rest — the tourist had only swimming trunks left of the clothes. The company offered to pay compensation in the amount of 5.5 thousand rubles, although the tourist spent twice as much on the purchase of new things. What payments can be received from airlines for problems with luggage, what amount can be calculated for and what to do if the carrier refused to payment, the lawyer explained to aif.ru.
When what time should luggage be delivered to airport?
The Air Code (VK RF) and the Rules of Air Transportation do not contain any deadlines for the delivery of baggage to the place of arrival of the passenger, says aif.ru lawyer Angelina Malysheva. “In 2021, the bill on imposing an hourly limit on luggage claim was rejected in first reading and the time limit was not established. The Legal Department of the State Duma, in a response, indicated that at present, the period during which an air carrier must issue baggage to a passenger is calculated individually for each airport and is determined by an agreement between the carrier and the airport, — noted the expert.
According to the lawyer, courts, when considering disputes with carriers over baggage, refer to Article 792 of the Civil Code of the Russian Federation, which states that the carrier is obliged to deliver baggage to the destination within a reasonable time — this indicator is considered for each case of delay separately.
What should I do if the luggage did not arrive at its destination?
If the passenger did not find his suitcase on tape upon arrival at airport, he needs:
The act is drawn up in two copies — one for the passenger and for the airline. The owner can check the status of the search for baggage through the international automated baggage search system World Trace, using the number of the baggage receipt and the name of the owner. A link to checking service is available on airline websites.
When is baggage considered lost?
Luggage search is carried out within 21 days — if, after this time, things are not found, then the baggage is recognized as lost, and the passenger has the right to demand compensation for the damage caused by its loss (clause 154 of the Rules for Air Transportation), the lawyer explained to aif.ru.
How can an airline be fined for delaying baggage delivery?
According to Art. 120 of the Air Code (AC) if the airline has delayed the baggage claim, it is obliged to pay the passenger 25% of the minimum wage (minimum wage) for every hour of delay, but not more than half of the ticket price . These rules are valid for flights within Russia.
"Unfortunately, the size of the minimum wage in meaning VK is not at all what is meant in employment and pension legislation. In in accordance with Art. 5 of the Federal Law "On the minimum wage" to calculate the penalty for delayed luggage, the minimum wage is 100 rubles, and it means that for a day of delay the passenger will receive only 600 rubles», the lawyer explained to aif.ru.
If the flight is international, then the airline will be liable for problems with baggage under the Montreal Convention. The maximum carrier will pay up to 1000 special drawing rights (SDR, SDR) — on 3 August it is almost 83 thousands of rubles. The SDR (SDR) rate is set by the International Monetary Fund.
What losses can be compensated for if luggage is delayed?
Since the passenger cannot use his things during the search, he can be compensated for the cost of buying new ones. According to Malysheva, there is no regulated list of essential items for which compensation can be claimed from the airline. Most often, courts accept checks for hygiene items, summer clothes and shoes, chargers for gadgets for compensation. Courts refuse compensation for personal hygiene items and towels if it is established that tourists lived in a hotel where all this was included in the room rate. In addition, if the judge considers that the passenger could buy the claimed items even if there was luggage, then the damages will most likely be denied.
expenses, but she may provide for the amount of compensation in internal rules.
For example, the Asiana Airlines website lists the rules for compensating passengers in case of delayed baggage arrival. The carrier will reimburse passengers for the expenses of purchases of essentials (the list of goods is not specified). However, when requesting a refund, the owner of the baggage should take into account that:
- if the baggage was taken by mistake by another passenger, then the delay is not the fault of the airline and compensation will not be paid;
- the amount that will be paid will be deducted from the amount of the penalty for delayed or lost luggage.
< li>if passengers arrived at the place where they live, then compensation may not be paid;
If the company does not consider the option of compensation for essential items, you can subsequently go to court to compensate expenses.
What is the declared value of luggage and how does it affect the amount of compensation for loss?
The passenger has the right to evaluate his luggage before the flight — in this case, the owner must pay a special fee (clause 126 of the Rules for Air Transportation). Airlines establish a specific procedure for declaring value in internal rules.
For example, “Kamchatka Aviation Enterprise” establishes a fee for luggage with declared value in the amount of 10% of its value and requires to present checks for things that the passenger takes with if the value is more than 20 thousand rubles. Utair, in turn, reserves the right to inspect the luggage and to determine if corresponds to the value declared by the owner, — checks will be needed if the carrier does not accept the estimation.
“When registering the carriage of baggage, the passenger can determine the value of the cargo. If this has been done, then when calculating the damage caused by the loss of luggage, the owner's estimate will be taken into account, and if not — he will receive no more than 1 000 SDR (SDR) for an international flight or no more than 600 rubles for 1 kg of things when flying within Russia. The amount of compensation must be proved to the court — unreasonably the maximum amount he will not recover», — Malysheva commented.
How to get compensation for luggage problems from airline?
According to the expert, the passenger has two options on how to get money for the delay or loss of luggage. “You can contact the representatives of the carrier directly with a claim or go to the court. The second option is used if the airline refused or ignored the requirements of the passenger — the claim procedure is obligatory to comply with in the event of tourist disputes», — Malysheva explained to aif.ru.
The pre-trial procedure includes:
- Making a claim against the carrier's name in free form: it is necessary to indicate contact details, describe the reason for payment of compensation, attach tickets and checks for the purchase of essential items.
- Sending a claim within within 21 days from ;days of baggage delay (you can return the document directly at the airport to the representative office of the airline, send it to the address for correspondence (legal address) or by e-mail).
The airline must consider the claim and ;give an answer within within 30 days (Art. 127.1 VK RF).
If the tourist does not agree with the decision of the carrier or the latter has not responded to the claim within the term established by law, you need to file a claim and resolve the issue through the court.
How to file suing an airline for delayed baggage?
As Malysheva explained to aif.ru, such a lawsuit is filed with a justice of the peace, if the amount of claims is not more than 100 thousand rubles, to the district court — in other cases. A person can choose: to file a claim with the court at the place of residence or at the place where the contract of carriage was concluded. You don't need to pay the state duty.
In the case of disputes in the sector of the provision of services for the transportation of passengers, the law on the protection of consumer rights protects In in accordance with the consumer has the right in in case of luggage delay to claim not a fine and losses in in the form of expenses for essentials, but and a forfeit, a fine for failure to meet the requirements of the consumer on a voluntary basis and ;compensation for non-pecuniary damage.
“In order to make a claim, it is necessary to describe in the claim all the circumstances of the delay, the process of filing a claim and the result of its consideration. It is also important to attach a calculation of your financial claims. For example, the penalty will be 3% for each day of delay from the cost of baggage (the cost of the ticket, if luggage is not registered in a separate line), but not may exceed the cost of the ticket — the court needs to know the specific amount, he himself will not calculate it the lawyer said.
The penalty for the fact that the airline voluntarily failed to pay the passenger will be 50% of the total amount that the court will charge. The maximum amount of compensation for moral damage has not been established anywhere, so you can claim as much as the consumer sees fit. “Even though” there is no limit to such compensation, the consumer must prove the extent of the baggage experience, otherwise the court may, on its own initiative, reduce the amount, ” ” the expert explained.
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