- Air Passenger rights in relation to baggage
- Air Passenger rights in the event of denied boarding, cancellation
- Refunds, Changes, Baggage Allowances and Taxes, Fees and Charges
The Montreal Convention is an international agreement that gives air
passengers rights in the event of baggage delay, damage or loss.
Airlines’ Liability
The Montreal Convention states that:
- in the case of baggage delay, the air carrier is liable unless it took all
reasonable measures to avoid the delay or it was impossible to take such
measures.
- the air carrier is liable for destruction, loss or damage to baggage. In the case of checked baggage, it is liable even if not at fault, unless the baggage was defective. In the case of unchecked baggage, the carrier is liable only if at fault.
What to do if something goes wrong with your baggage
If you encounter any difficulties with your baggage, report the problem
immediately at the airport to the airline’s agent or representative. Most
airlines insist that you complete a Property Irregularity Report (PIR) before
you leave the baggage hall. Filling out a PIR may also help your claim against
the airline, as you have proof that the problem was notified to the airline at
the time of discovery.
In every case, you should notify the airline of the problem while in the
baggage hall, a PIR should be filled out and you should make sure you receive a
copy of this report. A copy of the PIR should then be sent to the airline
with a written claim within the time limits below.
Time limits
The Montreal Convention states that a written claim must be sent to the
airline within the following time limits:
- in the case of baggage delay a written complaint must be made to the airline
within 21 days of the baggage being placed at your disposal.
- in the case of lost luggage, the Convention states that checked baggage is
considered lost if it has not arrived twenty-one days after the date on which it
was due to arrive. The Convention does not give a deadline for reporting lost
luggage so you should check the airline’s terms and conditions in relation to
this issue.
- in the case of damage to baggage, the Convention states that the passenger has to make a written complaint within seven days from the date of the receipt of the luggage.
- While the Montreal Convention gives you rights, there are limits to the
airlines’ liability. If you have travel insurance there may be a provision for
compensation in relation to any difficulties you may have with your
baggage.
- Many insurance policies limit the total amount they will pay out for loss,
damage or delay to baggage and also apply a limit on the amount they pay out for
single items. As the airlines’ liability is also limited a good travel tip is to
ensure that you do not carry expensive or valuable items or important documents
in your checked baggage.
- In the case of baggage delay, some airlines contend that as your bag has
only been delayed and will eventually be returned to you, you are not at a loss.
Where airlines offer to make payments as compensation for the delay, some may
pay you a set amount per day (which is usually subject to a maximum number of
days / maximum amount) and some may refund any essential expenditure you
incurred, provided you can provide receipts. This policy and amount is set by
the airline, so make sure to check out the airline’s policy but do remember that
the Montreal Convention provides for compensation unless the airline took all
reasonable measures to avoid the delay or it was impossible to take such
measures.
- Remember that a Property Irregularity Report does not constitute a written
claim. A written claim must be sent to the airline in addition to completing the
PIR.
- Remember that the airline is not obliged under the Montreal Convention to pay you any compensation, even if they are at fault, if you do not submit a written complaint within the times outlined above.
Air Passenger Rights in the event of Denied Boarding, Cancellation or
Delay
On February 17th 2005 “EU Regulation 261/2004 on compensation and assistance
to passengers in the event of denied boarding and of cancellation or long delay
of flights” came into effect.
The Commission for Aviation Regulation has been designated as the body
responsible for the enforcement of this Regulation in Ireland.
Further information on your rights under this Regulation and on the
Commission for Aviation’s role in the enforcement of this Regulation is
available on the Commission’s website www.aviationreg.ie
Refunds, Changes, Baggage Allowances and Taxes, Fees and
Charges
Make sure to carefully read the terms and conditions on the ticket before
completing your booking. Most airline tickets are non-refundable, this should be
outlined in the terms and conditions. Some airlines allow you to make changes to
your ticket, once you meet certain criteria and pay a change fee.
If you cannot travel and your ticket is non-refundable, some airlines will
allow you apply for a refund of relevant taxes, fees and charges. However, they
may charge you an administration fee and where the fee is more than the refund
due, no refund will be issued.
Make sure you carefully read the airline’s terms and conditions in relation to baggage allowances. Airlines are free to set their own baggage allowances and these allowances can vary from airline to airline. Excess baggage fees are also set by the airlines themselves and can vary. Make sure to check what the baggage allowance is – if you do not stick to the allowance the airline is entitled to charge you excess baggage charges.