Complaints and enquiries - Air Transport Users Council
Complaints and enquiries - Air Transport Users Council
Complaints and enquiries - Air Transport Users Council
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15<br />
Settlements to passengers for mish<strong>and</strong>led baggage<br />
In March, we published a report on how<br />
airlines had h<strong>and</strong>led claims for compensation<br />
from passengers for mish<strong>and</strong>led baggage<br />
since the Montreal Convention came into force<br />
in 2004. The report was based on the<br />
complaints we had received in that period. We<br />
concluded that the implementation of the<br />
Montreal Convention had not brought about<br />
the benefits, in terms of settlements for<br />
mish<strong>and</strong>led baggage, that we had hoped for.<br />
We suggested that the risks associated with a<br />
bag being delayed, damaged or lost were still<br />
loaded too much on the passenger.<br />
We found that airlines tended to act in a way<br />
similar to insurance companies when settling<br />
claims for lost <strong>and</strong> damaged baggage. They generally expected passengers<br />
to provide receipts as proof of ownership for lost baggage, something which<br />
was not always practical. We thought that this was inappropriate; airlines,<br />
unlike insurance companies, were responsible for the bag being mish<strong>and</strong>led.<br />
And with delayed bags, we found that airlines often limited the amount a<br />
passenger could spend buying replacement items. We understood that<br />
airlines might want to make sure passengers spent reasonably but we<br />
considered that they should offer guidance on this <strong>and</strong> not arbitrary limits.<br />
We are pleased to say that our report had an immediate effect. On the 17 th<br />
March, Vice-President Tajani, the EU’s Commissioner for <strong>Transport</strong> noticed<br />
our report <strong>and</strong> published a press release stating that he would<br />
“take immediate measures on passenger rights starting with an investigation<br />
on the scale of the phenomenon. The European Commission's Directorate-<br />
General for <strong>Transport</strong> <strong>and</strong> Energy will ask today for information from the<br />
<strong>Air</strong>ports International <strong>Council</strong>, <strong>and</strong> the Association of European <strong>Air</strong>lines <strong>and</strong><br />
other parties concerned. The Commission will also contact AUC that was the<br />
first to reveal this information”.<br />
He said that the European Commission would then evaluate “the effective<br />
application of Regulation 889/2002 (Montreal Convention) on luggage loss<br />
<strong>and</strong> damage” <strong>and</strong> assess whether any improvements to the Regulation were<br />
required.<br />
The Commission has since contacted the relevant bodies in Member States,<br />
including the AUC, to request information on airline settlements under the<br />
Montreal Convention. We have sent to them a copy of our report <strong>and</strong> details<br />
of the complaints we have received. We look forward to helping the<br />
Commission further with its investigations.