The number of travels has significantly decreased due to the pandemic situation, but we should not forget that a checked-in luggage can be lost, destructed or damaged. Let’s see the cases:
We can talk about destruction, loss or damage to baggage and baggage delays. The air carrier is responsible only for the checked-in baggage. Obviously, there are certain exceptions when the luggage is already damaged or overused.
The European Council mentions air carriers’ liability for passengers and their baggage in EC Regulation 2027/1997. Under the Regulation airlines must inform passengers of the provisions relating to their liability.
It is important to know that each airline has got very detailed rules and regulations regarding baggage problems. So, the rules of procedure are determined where and within what time the passenger have to report the problem and in what cases the airline is exempted from the payment and what the maximum amount is that the airline has to pay to the passengers etc. You can read it in their policy on their website. However, these rules must meet EC Regulation.
Under EC Regulation the air carrier’s liability for delayed or destroyed baggage is up to 1000 SDR. It’s about 1200 EUR.
It is important that the airlines can make a payment over that amount limit but they are not allowed to set a smaller amount limit.
You can make a claim not only against the air carrier but you can request a payment from your insurance company. Travel insurance policies always contain insurance events concerning lost and damaged luggage. It is essential that the insurers reimburse only under the terms and conditions in the contract. If there are certain exclusions in the contract, the insurer will not pay for them. It is also important that the insurers reimburse only those damages that have not been paid by the airlines. That’s why the insurers require all documents used during the procedure with the airline.
It is not a travel season now, however in the future, it is worth checking not only the terms and conditions of the airlines but buying a travel insurance in order to get a full reimbursement for our lost or damaged baggage.
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Author: dr. Zsuzsanna Burján
