Baggage lost by the airline, what does the Montreal Convention require?
In this article we will discuss the complex topic of regulation and liability of carriers when passengers, luggage and cargo suffer damage [...]
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In this article we will discuss the complex topic of the Regulation and liability of carriers when passengers, luggage And goods suffer damage in international transport. We know, that it is a very articulate and often poorly elucidated topic: for this very reason, we will start with the basics of the very important Montreal Convention.
What do you need to know about the Montreal Convention?
It is a treaty, drafted right in Montreal in 1999, the first piece of legislation that enshrined what airlines must do in certain specific cases such as delays, flight cancellations, lost or delayed baggage delivery. But also in more special and terrible cases such as injury or death of passengers.
The Convention Has been signed by as many as 133 countries, including, of course, the states of the European Union. It is also known by the name MC99 and it is definitely a great and important act to regulate international air traffic.
We must remember, however, that the first convention has now been in existence for nearly 100 years. In fact, in 1929, the Warsaw Convention: a very important document concerning the regulation of international travel. In this Convention, some important rules were introduced that we also find in the Montreal document with the additional inclusion of injury and death.
The Warsaw Convention treaty was amended several times, at The Hague in 1955 and also in Guatemala City in 1970. The signatory states thus determined that the document was particularly outdated and therefore had to be redrafted.
This led to the signing of the Montreal Convention (1999), which constituted the Warsaw Convention.
What does the Montreal Convention consist of in detail?
In short, we can say that it is a well-drafted legislation compared to the previous one, especially with the introduction of the concept of "strict liability". The latter clarifies that air carriers are objectively responsible for what happens during their own flights.
Therefore, in the event of a claim for damages, the burden of proof is not on passengers. Airlines must prove that they are not at fault, such as during disruptions or accidents that may occur.
This Convention has also innovatively and technologically changed the lives of passengers; in fact, we can have tickets and travel documents (as happened during the pandemic) in digital format.
But what are the rights enshrined in the Montreal Convention? Let's go find out and note them down
Montreal Convention rights:
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Regulations regarding flight delays/cancellations.
In case you are a victim of flight delay or cancellation, the airline will have to take mandatory care of the passenger. In case the flight wait exceeds two hours, it will also have to provide food and drink. If the flight interruption also involves having to spend the night at the place, even in the trivial case of bad weather, the company will have to pay for hotel stay and transportation.
The carrier must also reimburse any expenses incurred by the passenger who will provide any receipts in detail.
NB: The limit for which the airline can support you, and thus be responsible for your inconvenience, is 5,500 euros.
But let's get to the focus of our question: how does it work in case of delay, loss, or even damage to baggage?
Unfortunately, it often happens that our luggage - even if slightly - is damaged, scratched, dented during the various procedures. The resulting inconvenience is usually not even taken into consideration by us passengers, disheartened perhaps about a low-cost flight!
Yet, we need to be very clear about what the Montreal Convention is concerned with. According to the latter, compensation can be obtained if the airline: loses our baggage; damages it; delivers it late. These rules apply to both checked baggage and carry-on baggage, but with some differences.
NB: It is necessary to make the claim within 7 days after the flight in case of lost and damaged luggage; up to 21 days later instead in case of delayed delivery.
If you had to purchase necessities to make up for the damage caused by the delay, then you can, keeping the receipts with you, submit them and be reimbursed.
Reimbursement for delayed, damaged or lost baggage under the Montreal Convention
We are talking about compensation up to about 1,200 euros. We therefore advise you, if you are traveling with particularly expensive products to buy insurance and fill out the appropriate form so that the company is responsible, in case of loss of luggage.
It is very important not to leave the airport without filling out all the appropriate forms. So let's talk about the PIR, or the Property Irregularity Report, A form with the most important information about what happened. This document is to be presented to the airline at the baggage claim counter or at the airline's check-in counter (it is always good to take a photo and save it as a PDF later).
Previously, we also talked about personal injury due to accident or even death of the passenger. In this case, the airline must cover all medical expenses. It will be also obligated to pay 124,000 euros, in the event of a passenger's death in a plane crash.
But what are the flights insured by the Montreal Convention?
You are entitled to be reimbursed for all international flights between states that have signed the Convention. We recommend that you take out insurance that can protect you in all eventualities during your travels, TFC's word!
Concluding
So let us summarize what rights are expressed by the Montreal Convention and the corresponding sums of money:
- For cancellation/delay: up to 5,100 euros
- For the delay/loss or destruction of your luggage: up to 1,200 euros
- Accidents or death of passenger: up to 124,000 euros
NB: These amounts may change every 5 years. Always inquire about your rights before any trip.
If you have had any experience with this, if you have already taken advantage of the Montreal Convention for some reason and thus a refund, please write us a comment. Tell us about your experience.
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