2024-01-08 15:25:02
It is an image that is repeated in all the airports in Spain these days: that of hundreds of unchecked suitcases piled up. The strike of Iberia ground workers (‘handling’) has caused significant damage to thousands of passengers and their respective luggage since it began on January 5. Also numerous flight cancellations. And this Monday, the last of the call, many of those affected are asking the following question: how do I demand compensation if my luggage has been lost, damaged or arrived late? What if my flight hasn’t taken off? The organization FACUA-Consumers in Action has launched a guide to answer these questions for those travelers who want to demand their right to compensation.
Most of the problems are related to luggage. First of all, we must differentiate whether the flight is simply national or if, on the contrary, it has some international element. In this second case, it must have an origin or destination outside the borders or make a stopover in a foreign country. «The applicable regulations differ depending on the flight. In the first case, the Spanish Air Navigation Law will apply, while in the second the Montreal Convention comes into consideration, to which Spain is a signatory along with many other states,” the organization clarifies.
Users must act quickly if they are harmed. If their luggage does not appear or is damaged, travelers must go “immediately to the counters of the airline with which the trip was contracted or the handling company if the former does not have offices at the airport” to request the so-called Part of Baggage Irregularity (PIR). This document allows a written record that an incident has occurred. Carrying out this procedure is “of great importance,” FACUA warns, since “many airlines do not respond to complaints about luggage if users do not present it.” “You should not leave the airport without a copy of it,” adds the organization.
Domestic flights
In the case of domestic flights, the applicable regulations to claim incidents is Law 48/1960, on Air Navigation. Its article 98 specifies that “the carrier will be liable only for the loss, theft or deterioration of the luggage that has been delivered to it for safekeeping.”
And what is the maximum compensation that the traveler can receive? A maximum of up to 500 Special Drawing Rights (SDR) per package. It is a unit defined by the International Monetary Fund whose equivalence fluctuates and currently stands at 1.22 euros. Therefore, just over 600 euros per suitcase. In the case of delay in delivery, compensation may be compensated “up to the limit of an amount equivalent to the price of transportation,” according to the rule.
In this sense, FACUA warns users that there is a maximum period to formalize the claim. The document must be presented to the carrier or obligor “within ten days following delivery, or the date on which it should have been delivered,” the organization specifies in reference to the regulations. In fact, article 100 states that “the receipt of luggage without protest from the holder of the check or ticket implies the waiver of all claims.”
International flights
And in the case of flights with international elements? It is the Montreal Convention, a text endorsed by the European Union and the vast majority of States, which is responsible for regulating the maximum compensation in the case of incidents due to luggage, as long as the journey passes through countries that sign the document. It also includes those trips with destination and origin in the same country, but that have stopped in another country other than the first, regardless of whether or not they have signed the agreement.
The amount is considerably higher than the national ones. It uses the same unit of measurement, the Special Drawing Rights, with a limit of 1,288 in the case of damage, loss or delay in the delivery of luggage. In euros, a limit of approximately 1570 euros.
The Court of Justice of the European Union (CJEU) further interprets that moral damages can also be claimed for breach of the transport contract, with a limit of . This last compensation must also be within the total limit of 1,288 SDR. As an exception, in the event that the passenger makes a Special Declaration of Delivery Value of the luggage, it could be compensated up to the value of the declared amount. Within this limit, travelers can request reimbursement for essential products that they have had to purchase as a result of lost or delayed luggage.
The Montreal Convention also establishes a series of deadlines for making a claim which, in the case of breakdowns, must be made immediately afterwards and up to a maximum of seven days. Delays are set at a maximum of 21 days from the time of delivery. If this time is exceeded, or if the airline notifies it, it is considered that there is a loss of luggage. FACUA reminds those affected that the association can evaluate their case and carry out the corresponding appropriate actions.
Flights delayed or canceled
The strike has also led to numerous flight delays and cancellations. In this case, the passenger also has a right to compensation of between 250 and 600 euros, depending on the distance of the flight, as stipulated by European Regulation 261/2004. To do this, it is necessary to present the corresponding claim to the airline and, subsequently, to the State Aviation Safety Agency (AESA), the alternative dispute resolution entity to the judicial route designated by the Ministry of Transport. If it is a delay, it must be at least three hours or more.
Those affected can also request food, drink, accommodation or use of communication channels from the airline in the case of cancellation or delay of more than two hours. The firm must also assume the cost of transportation to the hotel or airport. In the event that the passenger refuses an alternative flight, he will have the right to a refund of the ticket. If he accepts it, he may request the corresponding compensation.
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