At JG Lawyers, we are pleased to inform you of the steps that those affected must follow to claim the expenses caused by not having received their luggage, and how many days they have to do so.
The airline would be responsible for this, even in the case of a strike by handling workers, which is not an excuse to stop compensating travelers, who can claim between 250 and 600 euros. Likewise, along with compensation, the injured parties may request compensation for food expenses, hotel nights, loss of vacation or work days, as well as any extra disbursement that the incident on the flight has caused, provided that can accredit.
21 days to communicate that the luggage has not been delivered.
In the event that their suitcase does not come out of the conveyor belt at the destination airport, passengers have to go to the airline counter to file a baggage irregularity report (PIR).
If they did not do so, they must communicate this incident to the airline, through the company’s email addresses or the website, which has a form to report incidents.
If what has happened is that your luggage has not been delivered, you have 21 days to notify the airline. In the event that the suitcase has arrived but is broken, the deadline to report the fact is 7 days.
Once the incident is reported, the airline should contact the passengers to reach some type of amicable agreement, although this does not usually happen, so the next step is to send a formal claim.
At JG Lawyers, we recommend that those affected seek advice from lawyers specialized in the matter so that a certified claim can be sent to the airline and try to reach a type of agreement, which will depend on the type of incident. “If the suitcase does not arrive, the value that the affected person can obtain will also depend on how many days it took to be delivered,” he says.
Up to 1,500 euros in compensation.
For compensation in the case of luggage, the regulations that apply are the Montreal Convention, which does not establish how much corresponds depending on the days it took for the suitcase to be delivered, so the amount will always depend on a negotiation. between airline and passenger.
The Montreal Convention only establishes an amount of compensation in cases where there is a total loss of luggage.
If they deliver it to you after 21 days, or never, the maximum compensation applies, which is 1,500 euros. In practice, the procedure consists of estimating a cost per day, depending on whether the incident occurred on an outbound or return flight.