Are Airlines Responsible For Damaged Luggage?

A week ago I came back from London, and got my bags 3 days after I arrived at my destination. One of the bags in my luggage, or rather a suitcase, had been damaged. Some plastic had been broken off, there were torns and the lock took 20 minutes to get open, though afterwards it functioned again. I didn't do anything about the damaged luggage. Are Airlines responsible for any damaged luggage? should airlines pay for your damaged luggage?

asked by Albert in Aircraft | 1490 views | 12-27-2009 at 09:13 PM

In some airlines, If luggage is damaged during the flight, you are awarded the cost of repairing the damage or for the purchase of replacement luggage of the same dimensions and price class less depreciation costs for the luggage (−10% per year).

Missing luggage should be reported at the airport immediately at the Lost & Found service of the last carrier you flew with.

Unfortunately, some airlines can refuse to compensate passengers for lost or damaged luggage items that are considered valuables.

Government says airlines are responsible for valuables checked on international flights though.

" We have become aware of tariff provisions filed by several carriers that attempt, with respect to checked baggage, to exclude certain items, generally high-cost or fragile items such as electronics, cameras, jewelry or antiques, from liability for damage, delay, loss or theft. A typical provision found in carrier tariffs and disclosed on carrier websites states that the carrier does not assume liability for loss, damage, or delay of “certain specific items, including: . . . antiques, documents, electronic equipment, film, jewelry, keys, manuscripts, medication, money, paintings, photographs . . . .”

Such exclusions, while not prohibited in domestic contracts of carriage, are in contravention of Article 17 of the Montreal Convention (Convention), as revised on May 28, 1999."

In other words, an airline can continue to refuse to compensate passengers for lost items that are considered “valuables” on domestic routes. But not internationally. Specifically,

answered by maria | 12-27-2009 at 09:17 PM

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