Baggage

The Spanish Aviation Safety and Security Agency has, among others, the competence to ensure compliance with the rules relating to the protection of the air transport user. In particular, ensuring compliance with Regulation (EC) No 261/2004 of the European Parliament and of the Council, of 11 February 2004, establishing common rules on compensation and assistance to air passengers in the event of denied boarding and of cancellation or long delay of flights, and upgrading and downgrading.

AESA is the responsible body designated to process complaints relating to compliance with Regulations (EC) 261/2004 and 1107/2006. Disputes between passengers and airlines over matters not covered by these Regulations should be resolved in the courts of justice.

In order to provide information on other user rights, various types of incidents NOT related to Regulations (EC) 261/2004 and 1107/2006 are indicated below with information relevant to the passenger concerned.

BAGGAGE

In incidents related to destruction, loss and damage or delay of baggage, the airline shall, as a general rule, be responsible for repairing or restoring the damage caused. Therefore, the passenger should complain the airline in these cases.

When you notice any irregularities with your baggage (loss, damage or delay) please notify it immediately, before leaving the airport, at the airline counters or, if the airline does not have presence at the airport, to its handling agent or representative at the airport at the authorized counters before leaving the airport.

When you report an incident about your baggage at the airport, the airline or its handling agent will issue a Property Irregularity Report (PIR) and deliver a copy to you. Keep this document, as it is the one that will be requested by the airline when you make a complaint.

For many airlines it is essential the submission of the PIR form to accept a complaint related to baggage, so we recommend you to fill it out before leaving the airport.   

Remind that it is very important to fill out the PIR before leaving the airport. Otherwise, it will be very difficult to prove the damage, delay or loss of your baggage.

In addition, you should submit a formal written complaint to which you should attach a copy of the RIP in accordance with the time limits set out in the Montreal Convention:

• Baggage damage: 7 days as from baggage reception;
• Baggage delay: 21 days as from baggage reception;
• Loss of baggage: There is no limit set out in the Convention, but it is recommended to make the complaint as soon as possible, after 21 days during which the suitcase is "delayed", or after the airline confirmation that your baggage is lost.

Please note that the receipt of baggage without protest on your part will constitute a presumption, unless otherwise proof, that it was delivered in good condition and in accordance with the transport document.

In the event that the dispute cannot be resolved with the airline, the only way, since it is a private matter, would be to settle the dispute before the Commercial Courts, taking the corresponding action within two years, counted as from the date of arrival at destination or as from the date on which the baggage should have arrived.

The applicable Legislation for baggage incidents is:

 

• Montreal Convention ratified by Spain in 2004 (BOE No. 122, of 20 May 2004);
• Regulation (EC) 2027/97, of 9 October 1997, on liability of airlines in the event of accident;
• Regulation (EC) 889/2002, of 13 May 2002, amending Council Regulation (EC) No 2027/97 on liability of airlines in the event of an accident.

In particular, Article 17.2 of the Montreal Convention provides: "The carrier liable for damage sustained in case of destruction or loss of, or of damage to, checked baggage upon condition only that the event which caused the destruction, loss or damage took place on board the aircraft or during any period within which the checked baggage was in the charge of the carrier. However, the carrier is not liable if and to the extent that the damage resulted from the inherent defect, quality or vice of the baggage. In the case of unchecked baggage, including personal items, the carrier is liable if the damage resulted from its fault or that of its servants or agents."

 

 

Carrier Liabilities (Montreal Convention)

---

The Montreal Convention "Unification of Certain Rules for International Air Transport" sets new limits on the carriers liability to passengers, baggage and cargo. The values set out in that Convention are updated in accordance with the Amendment to articles 21 and 22 of the Convention for the Unification of Certain Rules for International Air Transport, made in Montreal on May 28, 1999:

• Destruction, loss, damage or delay of baggage (checked and unchecked) is limited to:
  1,288 SDR (Special Drawing Rights) --> € 1,609 approximately
  Upper limits if there is a Special Baggage Value Statement.
• Destruction, loss, damage or delay of cargo is limited to:
  22 SDR/Kilogram (Special Drawing Rights) --> € 27.5 approximately.
  Upper limits if there is a Special High-value Cargo Statement

An action for liability should be brought up before the Court of the State of the registered office of the carrier or its head office or otherwise the Court of the State of destination and should be brought up within 2 years as from the date of arrival at destination or the one in which it should have arrived or the one of transportation stoppage.

If your flight involves connecting with more than one airline, you may check-in your baggage from departure to final destination. If you do so and something happens with your baggage, you may complain against any of the airlines that transported the baggage.

For package travel made partly by air and partly by any other mode of transport, the provisions of the Convention apply only to air transport