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Simone Keller from Chur had a great plan: three weeks of kitesurfing in Panama. His board reached the airport but broke down on the way. At least his suitcase wasn’t damaged. What is it now? These are passengers’ rights when it comes to baggage.
Here it depends on the countries you take off and land on. For example, if these are EU countries, USA, Australia, Egypt or Indonesia, the Montreal Convention applies. The airline is generally responsible. It does not apply if a country of origin or destination such as Turkey, Bahamas, Tunisia or Thailand has not signed the agreement.
According to the agreement, the airline has to pay a maximum of 1288 so-called special drawing rights. It is around 1542 francs according to the current exchange rate. And: You must report the damage to the airline within seven days. The longer you wait, the harder it is to prove that the damage was in-flight. It is best to check your luggage immediately at the airport and go to the Lost and Found office in case of damage. There you can file a so-called Property Irregularity Report. You should surround airport staff until you get the newspaper – because without this report, airlines usually don’t pay anything.
The deal is valid in Panama and Simone Keller reported the damage to Air Europa in a timely manner and sent photos – but only via the contact form. The airline said they should report this at the airport. But back and forth was not long – without a board there was no kitesurfing. For better or worse, he instantly had to buy a new one for $600.
He is not entitled to the full $600: The airline must pay the maximum present value of the broken kiteboard. It takes into account how old it is – Air Europa is allowed to lower the value accordingly. Since the board is only two years old, its life is not over yet, it could be ten years or more.
If the luggage belt is empty and you do not have your luggage with you, you will show the luggage tag you received at check-in at the counter. It’s usually stuck somewhere on your travel or boarding pass. You should always keep the suitcase safe until you get it again.
If the luggage is delayed, the airline must pay for necessary purchases such as underwear, pajamas or toothbrushes. For this reason, you should carefully store the invoices and report the damage to the airline within 21 days. It’s also a good idea to always carry valuables and essentials such as medicines, jewelry, toothbrushes, underwear and a few spare clothes in your hand luggage.
The suitcase usually reappears within 24 hours. If it is not there 21 days after the loss is reported, it is considered lost. The airline then has to pay the current value of the suitcase and its contents, along with any necessary purchases within the first 24 hours. You have to fill out a form and list what is in the suitcase. It is recommended that you take a picture of the contents before you leave – especially if you have an Armani suit or precious jewels with you. Receipts for expensive items are also helpful. And if you take it very seriously, you can make a detailed packing list.
Danger: In case of delayed or lost baggage compensation is limited to 1,288 Special Drawing Rights (approximately CHF 1,542). Luggage insurance can be useful if you have valuable clothes, laptops or expensive jewelry with you. It’s best to check if household insurance already has such a supplement.
The best way to file your claims against the airline is to use the online form on their website and attach all receipts, including the Property Irregularity Report. However, as with Simone Keller, it often happens that the airline doesn’t want to pay or even doesn’t react at all – most airlines are often difficult to reach. And they’re often located abroad, so it’s often very expensive to sue without legal protection insurance. You can contact your baggage insurance or legal expenses insurance, if applicable.
Anyone without insurance can try it for free through the German arbitration board for public transport if it is on the airline’s member list. If you have booked a package holiday from a Swiss travel agency, you can seek assistance from them or the Swiss travel industry ombudsman. However, they have only limited opportunities to mediate between passengers and airlines. Sometimes it pays to be persistent and recheck the airline.
Unfortunately for Simone Keller this is not the case: Air Europa pays nothing. Reason: You did not submit a Written Property Irregularity Report and accepted the board at the airport without hesitation. He agreed that the luggage was in perfect condition, in accordance with the conditions of transport. This is not entirely true: The contract does not require a Property Irregularity Report, and you have seven days to file a claim. However, Keller cannot fully prove that the board was actually damaged during flight, for example, not on the way to kite camp. The airline also remains silent when asked by the “observer”. The woman from Graubünden has since given up and decided to always check her belongings and get insurance.
Source : Blick
I am Dawid Malan, a news reporter for 24 Instant News. I specialize in celebrity and entertainment news, writing stories that capture the attention of readers from all walks of life. My work has been featured in some of the world’s leading publications and I am passionate about delivering quality content to my readers.
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