Two rulesThe Warsaw Convention in 1929 and the Montreal Convention in 1999 set out the framework. These documents provide for the preparation of damage reports within seven days, the filing of written complaints, and the application of a compensation cap of €1,600 unless the airline is declared to have a special interest.
This procedure is still little known, but it will be very useful for those who transport valuables, therefore, tourist travel intermediaries are calling on experts to inform their clients of the baggage regulations in a systematic and clear manner.
Was there a “bag of diamonds” inside the lost suitcase?
Regarding the amount allocated in the case of a baggage accident, “in order to obtain fair and proportionate compensation, the passenger must be able to prove his damages. According to the mediation, the expert must be able to control the veracity and merits of the financial assessment made by his client.”
Where regulations provide for compensation caps, there are no rules to adequately quantify and prove the damages suffered. Travel intermediaries are often faced with requests for supporting documentation that “have absolutely no relation to the actual value of the lost baggage”. They even quoted a customer who said that he found a “bag of diamonds” in his lost suitcase.
Rules to assess the value of suitcases soon to be introduced?
“Each company applies its own calculation rules and excludes certain products from compensation,” explains the French European Consumer Centre (CEC France). If consumers no longer have the documentation, they can still claim a fixed price of around 18 euros per kilogram. However, this compensation generally remains well below the actual damage suffered by passengers. »
CEC France calls on Europe to legislate on these subjects at European level. The arbitrators agree, recommending “a system in which travellers can mention the value of their baggage and its contents (in particular with a photograph of their suitcases)”. This declaration can be made when purchasing the ticket or when checking in the baggage.
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