What reimbursements am I entitled to if my luggage is lost or damaged during an air journey? How do I get reimbursed? The details of Camille Pichon, expert in business law within the SVP group.
franceinfo: What is the liability regime that weighs on the air carrier?
Camille Pichon: The air carrier, freight carrier and domestic carrier, is bound by the regime of the Montreal Convention. It provides for a regime of objective liability of the carrier in the event of damage resulting from loss or deterioration, which would occur during the duration of the flight.
Can he get away with it?
Yes, under certain conditions. If the damage comes from the nature or from a defect specific to the goods, if it comes from the defective packaging, in the event of an act of war or armed conflict, we will then be on a case of force majeure. Also if the carrier proves the fault of the person who requests compensation, negligence or omission on his part, and finally if he proves that he took all the measures he could reasonably take to avoid this damage.
Concretely, my luggage is missing when my flight arrives, what can I do?
You must go to the baggage service office at the airport, which will give you a report of irregularity of ownership. You will be given a reference number that will allow you to track the status of your baggage. If this office is closed, you can complete the form online. There is then a 21-day delay. If at the end of this period, the luggage is not there, it is considered officially lost, and there you are entitled to claim reimbursement for your luggage.
What if the baggage is damaged?
We will be able to request reimbursement of the price of the suitcase and the goods that were inside.
How much am I entitled to?
This depends on the applicable international texts. There is the Montreal Convention, which applies to the states that have ratified it and to the states of the European Union. There is also the Warsaw Convention which applies, regardless of the nationality of the company. Reimbursement ceilings are set in units of account, international monetary fund, special drawing rights. They can amount to 1,000 SDRs, or around 1,200 euros if the Montreal convention is applied, or 17 SDRs per kilo of luggage, if the Warsaw convention is applied.
What if I have valuables in my luggage?
Yes, you can make a special declaration when checking in your baggage. It is a declaration of value that assigns the baggage a special amount. The company will then be required to compensate you for the amount declared.
If I need to buy clothes, can I request a refund?
Yes, it is possible to negotiate this with the company.
Are there any remedies?
Yes, you can go to the tourism and travel mediator, and for that, have exhausted the internal remedies.