Lost luggage! What am I entitled to?
Lost luggage! What am I entitled to?
"I've read your contribution on travellers' rights in the event of flight cancellation. During a trip from Geneva to France, my luggage was lost. I would like to know what rights travellers have in such circumstances.
Fabien, Plan-les-Ouates
Switzerland has ratified the 1999 Montreal Convention for the Unification of Certain Rules for International Carriage by Air, which has been in force in our country since 2005. This convention applies to all international carriage of persons, baggage or goods by aircraft for remuneration.
According to Article 17 of the Montreal Convention, the carrier is liable for damage sustained in the event of destruction, loss or damage of checked baggage, if the event which caused the damage occurred on board the aircraft or during the period when the carrier had custody of the checked baggage. However, the carrier is not liable if it proves that the damage resulted from a defect, nature or vice specific to the baggage.
The carrier's liability for destruction, loss, delay or damage to baggage is limited to the sum of 1131 Special Drawing Rights (SDRs) per passenger, representing the sum of CHF 1,546, unless a special declaration of interest is made by the passenger when handing over the checked baggage to the carrier and subject to payment of an additional sum. The Special Drawing Right is a fictitious currency created by the International Monetary Fund, whose value represents an average of four major currencies.
Since this is not a lump-sum compensation but a liability cap, if the amount of the damage is less than 1131 SDRs, the passenger can only claim the amount of his actual damage, which he will have to establish. On the other hand, even if the passenger can prove that his or her damage is greater than 1131 SDRs, he or she will only be able to claim compensation equal to this liability ceiling, unless he or she made a special declaration of interest when checking in his or her baggage.
As regards unchecked baggage, in particular personal effects, the carrier is only liable if the damage results from its fault or that of its servants or agents.
