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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.

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