LEGAL
WORDS IAN SKUSE
NE OF THE WORST THINGS a passenger can experience is realising that their bag is not going to appear at the airport and is lost in the system somewhere. Airlines have spent vast amounts of money locating missing bags and forwarding them to their owners. In addition, they have had to finance the purchase of necessary items such as clothing and cosmetics. The legal framework to claim is difficult to understand with overly complex rules applying.
O
MONTREAL CONVENTION 1999 Lost, delayed or damaged baggage claims are covered by the Montreal Convention 1999, and are in a currency named “Special Drawing Rights” (SDRs), each approximately £1.07. The maximum amount recoverable is 1131 SDRs or £1,200. The passenger is only able to recover for direct loss, and there is no permitted claim for indirect losses, such as damages for distress, inconvenience or for compensation. The rules
Maximum limit of 1131 SDRs (£1,200), unless there is a special declaration of interest at
include the following:
DISAPPEARING BAGGAGE
Lost, delayed or damaged baggage claims can be overly complex, but do work
checkin insuring the passenger’s baggage for a higher value. The maximum may not apply if a passenger can show there was intent to cause damage or the
airline was reckless.
Missing bags have to be advised in writing to the airline no later than seven days after
the flight, or the claim is invalid.
Delayed baggage is deemed to
be lost after 21 days. Any delay must be reported in writing
within 21 days.
There is a general claims limit for other claims under the Convention of two years. There are complexities where there are two or more airlines involved. Claims are typically proved by the passenger by the production of receipts.
TRAVELLER’S PROGRESS Not surprisingly, the task of locating missing baggage and reporting to the passenger has improved with modern technology. IATA states that 4 billion bags are carried globally each year, and 99.57 per cent arrive with their owners on time. Between 2007 and 2016, the amount of baggage that was mishandled reduced
124 JANUARY/FEBRUARY 2020
from 18.88 per cent bags per thousand passengers to 5.73 per cent. Technology is working to substantially reduce lost and delayed baggage claims.
IATA RESOLUTION 753 Resolution 753 has been introduced by IATA and continues to improve the standards of passenger experience by making missing baggage a rare event. Bags have to be tracked at four points in the journey, namely when the passenger hands the baggage over to airline, when it is loaded on the flight, delivery to the transfer area and returned to the passenger. This increased data ensures better management of baggage and its tracking when any delay occurs.
The implementation of Resolution 753 has allowed airlines to develop technology particularly for baggage location. Many larger airlines use a tiny radio frequency identification (RFID) tag within the familiar barcoded label attached to the bag. This results in automatic scanning of bags by machines and robots while en route to the aircraft. Many baggage handlers also have mobile scanners, to supplement the RFID system. There is still work to be done particularly with flight transfers, which are the main contributor to misdirected baggage. There are also issues with the quality of the service at some airports compared to others and mistakes made by passengers themselves. Where there is a dispute, the Convention provides a regime to recover necessary expenses or for losses, up to a maximum of 1131 SDRs. It is not possible to recover for distress and inconvenience. The Convention is exclusive to all other local laws that could apply. Fortunately for passengers, airlines are encouraged to participate in alternative dispute resolution of claims. The CAA regulates a number of these to resolve disputes, including CEDR and Aviation ADR.
WHERE THERE IS A DISPUTE, THE CONVENTION PROVIDES A REGIME TO RECOVER EXPENSES
Ian Skuse is a partner in Blake Morgan’s Travel team (
blakemorgan.co.uk) He welcomes your feedback:
ian.skuse@
blakemorgan.co.uk
buyingbusinesstravel.com
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