Yes, airlines are required to compensate for baggage that is lost or damaged. The airline liability, or lost or damaged baggage compensation that the airline will owe, however, will vary depending on whether the individual was a passenger on a domestic or international flight.
Having luggage lost or damaged can be a very frustrating experience and have a negative impact on an individual’s travels. It is important to be aware of the rights and duties of airlines related to baggage before traveling.
What Is a Contract of Carriage?
The responsibilities of an air carrier to an individual are outlined in the contract of carriage. This refers to the privileges that a traveler gains from purchasing tickets from an airline.
Issues that are typically covered in contracts of carriage include:
- Flight cancellation rules;
- Baggage loss and damage policies;
- Airline boarding policies;
- Denied boarding compensation policies.
What Are Checked-in and Carry-on Baggage Regulations?
Carriage contracts, as noted above, typically outline the rights, obligations, and responsibilities of the parties involved, covering issues such as acts of God and containing phrases such as “force majeure.” These are usually demonstrated by the standard terms and conditions stated on the backs of tickets or other transportation documents among common carriers, such as airlines.
What Clauses Are Typically Found in a Carriage Contract?
The airline business itself uses the same fundamental structure, even though contracts vary by airline. Most contacts for carriages do not offer any assurances regarding the time or schedule on the ticket.
In some situations, an airline will include a clause that requires a round-trip ticket to be used entirely, meaning that saving a portion of the ticket for another use is forbidden. Airline corporations are not required by law to locate a hotel or other type of lodging if a plane cannot transport the passengers to the prearranged location.
Although an airline may do so for publicity purposes, their contracts will typically not hold them accountable if the airline feels they cannot afford to do so. The majority of airlines will also contest any obligation to compensate an individual for missing bags.
There are many airlines that have removed assurances that passenger’s bags will be on the same aircraft.
What if My Baggage Was Lost or Damaged on a Domestic Flight?
In general, an airline may limit the amount of compensation that it will provide for lost or damaged baggage to $3,800 per passenger. The value of the items in the baggage may exceed that amount. If so, the individual can declare the higher value of their baggage at check-in, up to the maximum limit.
The airline may charge a fee based on a percentage of the declared value of the baggage.
What if My Baggage Was Lost or Damaged on an International Flight?
Compensation for lost or damaged baggage on an international flight is much less than what an individual would recover on a domestic flight. Under the provisions of the Warsaw Convention, compensation for baggage lost or damaged on international flights is calculated based on the weight of the baggage.
On international flights, a passenger may be compensated $9.07 per pound. The individual’s bag might not have been weighed at check-in. In that case, the airline will assume that the bag weighed 70 pounds and will reimburse the individual according to that amount.
If an individual’s unchecked baggage is lost or damaged on an international flight, an individual is entitled to a flat amount of $400. However, it is important to note that an airline may be able to avoid liability for lost or damaged baggage if it can show that the damage was caused by pilot error and that the airline took all steps to avoid that damage.
Does Each Domestic Airline Publish Its Own Contract of Carriage?
Even attorneys may have a difficult time analyzing the ambiguous terminology that is included in the hard copies of contracts of carriage. They are becoming more difficult to find on airline websites, and not all airline employees or outsourced airline representatives know how to read them.
Because of federal preemptions, passengers may be severely limited in their ability to resolve disputes through channels other than federal courts. There are some contracts that provide services and choices to travelers, but only when the passenger requests it.
How to Sue An Airline for Lost or Damaged Luggage?
As discussed above, under the Department of Transportation (DOT) regulations and international treaties, airlines are required to compensate passengers if their bags are damaged, delayed, or lost.
If an individual’s bad was lost, damaged, or delayed, they can consider filing a lawsuit against the airline in small claims courts. These are courts that handle a wide variety of property-related lawsuits, including lawsuits for lost luggage by airlines.
In many cases, the airline will offer the individual a settlement amount. A lawyer can help the individual try to get a higher settlement offer for loss or damage to their valuable items.
If an individual needs to file a lawsuit against an airline, they should consult with a lawyer to ensure they file their claim in the proper court. As discussed above, domestic passengers are entitled to $3,800 per person as compensation for delayed baggage and reasonable incidental expenses of that delay.
The Montreal Convention or Warsaw Convention may cover an international passenger. The maximum baggage liability under the Montreal Convention’s Special Drawing Rights is currently $1,720.
International treaties may also cover damaged or delayed baggage. If an individual had to purchase toiletries because their items were delayed, they could submit a written complaint within 21 days.
This complaint must detail the baggage claim and include copies of recipes. If the bag is not located within 21 days, it will be considered lost, and the airline will be required to compensate the individual for the lost property.
It is important for travelers to be aware that airlines may attempt to limit passengers’ claims in the fine print used when purchasing plane tickets. Many individuals do not know what is included in the terms and conditions of their ticket or in the contract of carriage.
For example, many airlines state that they are not liable for damage to or loss of precious, fragile, or perishable items in carry-ons and checked baggage.
In the majority of situations, an airline will require an individual to file a property irregularity report (PIR) for their lost property. If an individual purchased their plane ticket with a credit card, their credit card may offer them coverage for their lost luggage or flight cancellation.
In addition, if an individual has homeowners’ or renter’s insurance, it may cover the cost of the lost luggage after the deductible is met.
Do I Need a Lawyer for My Lost Baggage Problem?
If an airline has lost or damaged your baggage, it is important to consult with a liability lawyer. Your lawyer will advise you regarding your rights and limitations according to the airline and ticket you purchased.
If you think that the airline did not provide you with adequate compensation for damages to your baggage or make a satisfactory response to your demands, your attorney can help. Your attorney will help ensure that you receive the compensation that you are entitled to for your luggage issue.
