Good afternoon

According to paragraph 1 of Article 116 of the Air Code of the Russian Federation, the carrier is responsible to the passenger of the aircraft and the cargo owner in the manner established by law Russian Federation, international treaties of the Russian Federation, as well as an agreement for the air carriage of passengers, an agreement for the air carriage of cargo or an agreement for the air carriage of mail.

In accordance with Article 15 of the Civil Code of the Russian Federation, a person whose right has been violated may demand full compensation for the losses caused to him, unless the law or contract provides for compensation for losses in a smaller amount. Losses are understood as expenses that a person whose right has been violated has made or will have to make to restore the violated right, loss or damage to his property (real damage), as well as lost income that this person would have received under normal conditions of civil circulation if his right was not violated (lost profits).

You have the right to demand full compensation from the airline for damages, but to do this you will need to document its amount.

The problem is mainly in proving not so much the value of the lost luggage, but the fact that these items were in the luggage. The fact is that, according to the Code of Civil Procedure of the Russian Federation:

Article 56. Obligation of proof

1. Each party must prove the circumstances to which it refers as the basis for its claims and objections, unless otherwise provided by federal law.
2. The court determines what circumstances are important for the case, which party must prove them, and brings the circumstances up for discussion, even if the parties did not refer to any of them.

It is for this reason that the legislation establishes average standards for compensation for damage, since the most important problem is in proving the above facts. Or, if the luggage was more valuable, it should be additionally insured against loss. In the absence of such insurance, the possibility of collecting the amounts indicated by you from the airline seems problematic.

According to Art. 119 of the Air Code of the Russian Federation:

1. For loss, shortage or damage (spoilage) of baggage, cargo, as well as hand luggage, the carrier is liable in the following amounts:
1) for loss, shortage or damage (spoilage) of luggage, cargo accepted for air transportation with declared value - in the amount of declared value. For air transportation of baggage or cargo with declared value, the consignor or consignee is charged additional fee, the amount of which is established by the contract for air carriage of baggage or the contract for air carriage of cargo;

2) h and loss, shortage or damage (spoilage) of baggage, cargo accepted for air transportation without declaration of value - in the amount of their value, but not more than six hundred rubles per kilogram of luggage weight or cargo;

The weight of the luggage is indicated on the luggage pass. If for some reason the suitcase was not weighed, then the weight is automatically estimated at 35 kilograms. In the event that there are receipts for the items that were in the suitcase, you can demand additional compensation.

I believe in competition as the most important driving force for progress and improvement in service quality. In my opinion, in the field of air transportation in our country there is a problem with the level of service. This is what I encountered when returning from the New Year holidays.

On January 11, 2017, my family and I were on a flight from Guangzhou to Moscow. Upon arrival at Sheremetyevo airport, upon receiving my luggage, it turned out that my red suitcase was severely damaged - the handle was torn out, the top cover was dented. The second blue suitcase is also very dirty. I fly with Aeroflot all the time, but this is the first time I’ve encountered such a result from a trip.

All documents regarding this incident were completed on the spot with an Airline employee directly in the baggage claim area. Next, an Aeroflot employee told me that I needed to send a claim to the appropriate department of the company, which I did. Fortunately, I have special knowledge in drawing up this kind of documents. The claim was drawn up and sent with all attachments. Below is an example text:

Director of the Ground Transportation Support Department of Aeroflot PJSC

Phone: +79030199210

Ref. No. 1 dated January 12, 2017

CLAIM

I ask you to compensate me for material damages for damage to luggage (two suitcases) when traveling on January 11, 2017 on flight SU 221 on the route GUANGZHOU /CAN MOSCOW SHEREM/ SVO.

I estimate the cost of the damage caused at 6,117.50 (Six thousand one hundred seventeen) rubles 50 kopecks, 3,000 (Three thousand) rubles for each suitcase and 117.50 for booking (waiting) the Delimobile, as well as moral damages of 2,000 rubles. Total 8,117.5 rubles.

Year of luggage purchase: red suitcase – 2017; blue suitcase – 2016.

Our family: Grachev Nikolai Aleksandrovich, Gracheva Marina Vladimirovna (wife), Gracheva Veronika Nikolaevna (daughter, born in 2010), Gracheva Kristina Nikolaevna (daughter, born in 2011), flew to Moscow on flight SU 221 from Guangzhou a/ to Aeroflot. After receiving my luggage, I discovered that two suitcases were in disrepair.

The red suitcase (suitcase No. 1), registered as luggage for Kristina Nikolaevna Gracheva, had the handle for transportation torn out and the upper part of the suitcase was dented and severely damaged (3 photos are attached).

The blue suitcase (suitcase No. 2), decorated as luggage for Veronika Nikolaevna Gracheva, had visible traces of heavy soiling over the entire surface, especially near the handle in the upper part (photos of 2 pieces are attached).

All damage was recorded by an Aeroflot employee immediately after discovery, which is confirmedDamage report.

It is not possible to use suitcase No. 1, since the transport handle has been torn out. I purchased suitcase No. 1 in Guangzhou on January 10, 2017. The photo even shows that there is still a plastic bag on the handle, just like on a new thing. Converted to rubles, the purchase price for suitcase No. 1 was 3,000 (Three thousand) rubles.

Suitcase No. 2 is very dirty, which has led to the fact that I not only can’t use it, but I can’t even store it at home, it’s so dirty. Suitcase No. 2 I purchased it in the summer of 2016 for 3000 (Three thousand) rubles in Moscow.

I fly Aeroflot very often alone and with my family. My wife and I have a frequent flyer card. My number is 86225145.

Now I will have to buy two suitcases as I will need them for future trips.

Also, in the process of registering damages at the Aeroflot counter, I had a car idle that I was going to drive myself and take my family home from the airport. The Delimobil company charged me cash in the amount of 117.50 for waiting, which is also my damages in this case.

In accordance with Art. 15 of the Civil Code of the Russian Federation A person whose right has been violated may demand full compensation for the losses caused to him, unless the law or contract provides for compensation for losses in a smaller amount. Losses are understood as expenses that a person whose right has been violated has made or will have to make to restore the violated right, loss or damage to his property (real damage), as well as lost income that this person would have received under normal conditions of civil circulation, if his right was not violated (lost profits).

Our family also suffered moral suffering due to the work of the airline employees, which led to damage to our property and to waiting at the airport with young children after a long flight.

According to Art. 151 of the Civil Code of the Russian Federation If a citizen is caused moral harm (physical or moral suffering) by actions that violate his personal non-property rights or encroach on intangible benefits belonging to the citizen, as well as in other cases provided for by law, the court may impose on the violator the obligation of monetary compensation for this damage.

I estimate moral damage at 2000 rubles.

For this claim, I request you to transfer funds in the amount of 8,117.5 (Eight thousand one hundred seventeen) rubles 50 kopecks to the following details:

If my claim is not satisfied within 30 (Thirty) calendar days, I will be forced to go to court with a claim for damages in accordance with Civil Code and the Consumer Protection Law.

Applications:

1. Photos of suitcase No. 1 (3 pcs.).
2. Photos of suitcase No. 2 (2 pcs.)
3. An online statement from Sberbank confirming payment for the Delimobil wait.
4. Bank details.
5. A copy of the marriage certificate.
6. A copy of the birth certificate of Gracheva K.N.
7. A copy of the birth certificate of V.N. Gracheva.
8. Copy of Damage Report dated January 11, 2017.

Legal representative of Kristina Nikolaevna Gracheva and Veronika Nikolaevna Gracheva

In general, of course, I did not expect an unambiguous, quick positive response to my claim, since I believe that, after all, the Soviet traditions in our economy are still strong and my interests as a client are not paramount for this company. But the answer from Aeroflot exceeded all my expectations in terms of the originality of the answer.

It’s outrageous that they are delaying the resolution of the issue and offer me to provide the documents that they have, which they issue themselves, and also offer to provide a receipt for the purchase of the suitcase, as if I were specially keeping them in anticipation that the carrier would break my luggage.

Below is my response to their response.

OKKA DNOP PJSC Aeroflot

141425, Khimki Moskovskaya district region, Mezhdunarodnoe shosse, 31

From Nikolai Alexandrovich Grachev, legal representative of the daughters of Gracheva Veronica Nikolaevna and Gracheva Kristina Nikolaevna

Address: 123242, Moscow, st. Krasnaya Presnya, 11, apt. 77

Phone: +79030199210

Ref. No. 2 dated February 11, 2017

ANSWER

In response to your letter dated January 31, 2017 No. 111.02.2-1223, I report the following:

Thank you for your prompt response to my complaint.

In your reply, you suggested that I provide the original luggage tags. I have them. I have attached color copies of them to the claim. I attached all the documents I had to my claim. Also, on January 11, 2017, all my documents were checked by your employee directly in the baggage claim area. I don’t understand what else you are missing and on what basis I should provide the originals of my documents. Why was I not informed about this on January 11, 2017? Based on what provision of law must I provide you with the originals of these documents? Or is this your arbitrary demand, which leads to a delay in the dispute settlement process? Or do you have doubts that it was me and my family who traveled on the flight of your airline on January 11, 2017? These are your documents. By law, I am not obliged to provide you with documents that you issued and that you have. In this regard, I refuse to send you luggage tags SU698630 and SU 698657, since I sent you copies of them and they were recorded by an Aeroflot employee on January 11, 2017.

You also wrote a request to provide you with DPR MOWSUDPR MOWSU30758. What it is? Why are you asking me for some strange document? I am a consumer of your services and do not have special knowledge in the field of air transportation and, according to the law on consumer protection, should not have it. What kind of red tape is there with the documents? You have all transportation documents.

You also offered to provide receipts for the purchase of suitcases to confirm their cost. It’s a pity that you don’t trust your regular customer who has a frequent flyer card. At the same time, I would like to note that when using the services of Aeroflot, I did not plan for my property to be damaged and did not stock up on receipts confirming the purchase of my property and do not plan to do so in the future. The price I stated is true and reasonable, including based on current prices for similar goods, and it is even lower than these prices. Of course, if necessary, I can initiate a commodity examination, which will allow us to establish the value of this property for you. However, the cost of such an examination will significantly exceed the value of this property. At the same time, I do not intend to carry out such unreasonable actions and create unnecessary losses for you and me, and I suggest that you independently determine the cost of the red suitcase, since you are recognized professionals in the field of transportation, and, I believe, you have your own system for assessing property. I hope that your assessment will not differ significantly from the amount I spent on purchasing the suitcase!

You offered me, among other things, to dry-clean the suitcase and send you a check. However, I still have no confidence that I will receive compensation for it, since you only offered to send a check to your address without an obligation to pay it. In this regard, I ask you to determine the cost of dry cleaning yourself and compensate it voluntarily.

I also ask for an additional compensation of 182 rubles 94 kopecks for sending the first claim (I have attached copies of receipts). I leave the demands for compensation for car downtime and compensation for moral damage unchanged, as they are indicated in the claim dated January 12, 2017 No. 1

To summarize what has been said, I would like to thank you, despite this incident, for the comfort and safety of the flights. I also ask you to pay full attention to my problem and not delay its solution. Otherwise, I will be forced to go to court to protect my rights.

With best wishes, Nikolai Alexandrovich Grachev.

Applications:

1. Aeroflot response dated January 31, 2017 (copy).
2. Boarding passes with baggage receipts 4 pcs. (copies).
3. Copy of Damage Report dated 01/11/2017
4. Postal receipt dated January 12, 2017 with a description of the contents (copy).

_____________________________/_____________________________.

I hope that the airline will not force me to go to court and write them repeated letters, since this incident has already tired me out.

Aeroflot's response was not long in coming! And the demands were met.

Citizens, do not forget about your rights and defend them!

Have you received damaged luggage at the airport? A lopsided open suitcase on a belt or something worse? What to do in such a situation, who to complain to, and what to do if a breakdown is noticed already at home? We asked all these questions to travelers on our social networks VKontakte, Facebook and Instagram and collected fifty stories. Let's take it in order.

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What to do if your luggage is damaged

Where to go, who to write and call?

If you notice any damage on the belt, immediately contact the service agent on duty in the baggage claim area or airline representatives at the airport. They should help you file your claim.

If you notice damage outside the airport, don’t worry, you can still submit a claim. Call the airport or airline call center and find out where you can send your application and copies of all necessary documents.

What documents must be on hand to submit an application?

1. Air ticket or a copy thereof.
2. Boarding pass.
3. Baggage tag.
4. Identity document.
5. Photos if you are submitting your application remotely.
6. Receipt for the suitcase (very rarely asked, but be prepared that they may ask).

How long does it take to submit an application?

On internal on flights, a claim against the carrier can be made within six months, according to Art. 126 of the Air Code of the Russian Federation.

The specified period is calculated as follows:

1. On compensation for damage in case of shortage or damage (spoilage) of cargo or mail, as well as in case of delay in their delivery - from the day following the day of delivery of the cargo, and in relation to mail - from the date of drawing up the commercial act.
2. About compensation for damage in case of loss of cargo - ten days after the expiration of the delivery period.
3. For damages in all other cases - from the date of the event that served as the basis for filing a claim.

On international on flights, a claim can be filed in accordance with Art. 127 of the Air Code of the Russian Federation:

1. In case of damage to luggage (cargo) - within 7 calendar days from the date of receipt of the baggage and no later than 14 calendar days from the date of receipt of the cargo.
2. In case of delay in delivery of baggage or cargo - within 21 calendar days from the date of delivery of baggage or cargo to the passenger.
3. In case of loss of baggage or cargo - within 18 months from the date of arrival of the aircraft at its destination or from the day on which it should have arrived.

Traveler stories of damaged luggage

It was in Vnukovo. I wrote a statement to lost&found that the luggage was damaged. The administrator drew up a protocol and said to be sure to write to the airline with the protocol number - they will sort it out. The admin also apologized. There was a bag a la shuttle, which could not stand the cruel treatment and tore. But she was wrapped in plastic. Nothing was missing, so I didn’t write to the a/k.

Sergei Tikhonov

Tolmachevo, Novosibirsk. The bag came out onto the belt in an open state - the top part was torn, all personal belongings were out. There were no valuables, nothing was missing. We wrote an application for compensation for a damaged rather expensive bag. The answer is: show me the receipt for it, and then document the degree of wear...

Svetlana Zakharenko

We received luggage with a torn wheel at Utair. We took the certificate at the airport, then wrote to UTair, attaching a photo, weight and cost of the suitcase. Compensation was based on the weight of the suitcase. Of course, the amount was not enough to buy a new one of the same kind.

Dmitry Zybinsky

I was flying with a connection in Amsterdam (KLM), and during security the lock on my suitcase was cut off. I arrived, wrote a claim, they promised to return the cost of the suitcase by check. I'm waiting for money. So advice - never throw away receipts for the purchase of suitcases!

Nikolay Ustinov

I once flew from Bangkok to Moscow by Qatar. I arrived in Domodedovo and discovered that my suitcase’s retractable handle and wheel were broken. At the same time, I sent it through oversized with the “Fragile” sticker. I approached the airport employees in the baggage claim area, they processed everything, called a representative of the airline, and after 2 weeks they paid me the equivalent of $100. The Samsonite suitcase actually cost $30 and was purchased in Vietnam. The same suitcase in Moscow cost 120-150 dollars. Then there was a case with Transaero and also in Domodedovo, but they paid only 50 dollars for a similar suitcase, however, only the handle was cracked, and I rode with this suitcase a couple more times until I bought a new one. There was also a case when I flew from Moscow to Bangkok with Transaero, and the wheel of the suitcase was broken, but there was no time, and I just left. Bought in Pattaya for $50 new suitcase.

Slava Vlasov

In Malta I received my little American tourister and discovered that the zipper that fits into the built-in lock on the suitcase had been torn off. I approached the baggage claim, they drew up a damage report. Then there was a long correspondence with AirMalta about compensation for this damage, at first they were silent. Then I just started leaving comments on their posts on Facebook, they started to stir and as a result they paid 80€ in compensation. But at first they demanded that the original damage report be sent to them in Malta... I asked them a reasonable question: what if the post office loses my letter or your colleagues in the office accidentally lose it, what then?! We agreed on a scan of this document, a scan of my passport page with data and bank details. It took about three weeks for the money to arrive...
And even when they had already agreed on compensation, the airline again began to play the fool, saying that my details were incorrect. I had to shout loudly and they immediately sorted out the details and sent the money to my account.
But I don’t even know what to do for tourists who don’t speak foreign languages... As a result, everything took almost 3.5 months of waiting and communication.

Alexey Kozlov

In Hanover I received a dented suitcase without a handle. He immediately filed a complaint against the Lufthansa counter and received compensation.

Mikhail Sharov

Air Berlin upon arrival in Domodedovo. One wheel of the suitcase was broken off. I wrote a statement to the employees at the information desk in the baggage claim area (10 minutes), and within a couple of weeks I received money from the airline, in general, at a fairly fair rate.

Andrey Kolesnikov

We received a suitcase without a wheel at the Rostov airport, drew up a report at the airport, then I repaired the suitcase, wrote a letter to the S7 office, where I indicated the requirement to compensate for the repairs and the bank account number, attached a receipt for the repair, and a report. A couple of weeks later the money arrived.

@Timurker

Several times I received broken suitcases without wheels, torn with broken insides (souvenirs, perfumes, etc.) at KLM airline. They wrote a claim, once they reimbursed the cost of the suitcases with a voucher for 100 euros, another time they refused to refund due to non-compliance with the procedure, namely: they presented a broken suitcase at the airport (in Spain), then immediately bought a new one (it was impossible to move with it) ), they said that this would be enough, upon arrival home (in Russia) they refused, no suitcase - no refund. Although documents for the purchase were provided. Allegedly, the Spaniards registered the fact incorrectly.

@Olilely

I flew from New York to St. Petersburg via Paris (Charles de Gaulle) with Lufthansa, and stupidly put a gift iPhone in my luggage. Upon arrival in St. Petersburg, it turned out that the luggage did not arrive from Paris. The airline assured that they would return it within 3-5 days, but they returned it a week later and without the iPhone. I immediately wrote a statement to the police in Pulkovo. Lufthansa refunded the full cost of the phone by check within a week.

@Olyazhurik

On a layover in Guangzhou (flight Moscow-Manila, layover over 24 hours with baggage claim), they gave me a suitcase with a broken wheel. We flew on China Southern Airlines. But they didn’t turn to the company, but to the “Help, complaints” window at the delivery office nearby, asked to write a statement about damage indicating passport details, made a copy of the boarding pass and immediately issued a new suitcase. Slightly less displacement, but good quality. Excellent airport and airline service.

@Bulgakovanina

Don't let your luggage get lost or broken. But, if anything, now you know how to apply and receive compensation.

Lost luggage at airports is a fairly common problem. In addition to causing a number of problems for passengers, it also reduces the popularity rating of airlines. In this article we will tell you how compensation for lost luggage at the airport is calculated in 2020, and we will provide a sample claim.

Despite modern methods used in servicing, checking in and transporting luggage, loss remains a pressing problem. The fact is that people work with luggage, and as we know, they tend to make mistakes. In some cases, the luggage is found safely, but passengers receive it after some time, for which the airline has to pay.

Reasons for losing luggage at the airport

• The main reason for lost luggage may be the usual loss of the tag that is attached to it when checking in for a flight. If this happens during transportation, the luggage will remain at the departure airport and finding it will not be difficult. And if a suitcase is mistakenly checked in for another flight, it may be sent to another country and will be very difficult to find;
• The reason for the loss of luggage can also be a mistake by a company employee, in particular a loader; he may simply confuse flights;
• The passenger himself can lose his luggage, for example, leave hand luggage in the waiting room. But you need to deal with the loss in a general manner.

Compensation for lost luggage

First, you need to understand that the airline is not obliged to compensate for the full cost of luggage. International legislation provides for compensation in the amount of 20 dollars per 1 kg of weight, and the contents of the luggage do not matter. A baggage pass is attached to the air ticket purchased by the passenger, which indicates the weight of the baggage. For this weight, the passenger can receive compensation. If a situation occurs in which the luggage was not weighed, the average value of 35 kg is accepted for calculation.

Passengers, of course, are very often dissatisfied with the amount of payments and contact the airline's head office. And there are cases when they manage to achieve payments of up to $5,000. If you find yourself in such a situation in an unfamiliar country, you can immediately go to the head office of the airline that provided transportation.

What to expect if your luggage is lost

Compensation for lost luggage:

• for loss of luggage with declared value - in the amount of declared value;
• for loss of luggage without declared value - in the amount of the cost of luggage, but not more than 600 rubles, per 1 km domestic flight. The cost of lost luggage or a specific item must be determined based on the cost specified in the contract for its purchase. If there are no such documents, you can get a certificate about the average cost of this item;
• for things that were with the passenger - in the amount of the cost of the things, and if the cost cannot be determined, no more than 11 thousand rubles;
• for damage or loss of special mobile devices for disabled people, compensation is equal to the cost of the wheelchair;
• in case of loss of luggage without declared value on international flight For different countries is different. For example, the Warsaw Convention established compensation in the amount of 150 francs per 1 kg of luggage. IN International Association air transport provides a payment of $20 per 1 kg of weight.

The compensation calculation looks like this:

• $20 x dollar exchange rate in rubles x luggage weight in kg
• The dollar exchange rate is taken based on the exchange rate of the Central Bank of the Russian Federation on the day when the court makes its decision. In this case, the claim must indicate that you require compensation at the rate of the Central Bank of the Russian Federation on the day of payment.

1. A fine for late delivery of baggage, that is, the baggage was delivered to you, but late. In this case, the airline faces a fine of 25% of the minimum wage in the Russian Federation. The calculation looks like this: 25% x minimum wage x number of hours overdue
2. The fine for late delivery of a passenger's luggage, if the flight is delayed, is considered the same as the previous one. The airline can be saved from paying such a fine by the fact that the delay was caused by force majeure circumstances (natural disasters, etc.), when eliminating aircraft malfunctions that could harm the life and health of passengers, or other circumstances that are directly from the airline do not depend.
3. Compensation for damages. If, for example, while waiting for your luggage to be found at the airport, you miss another flight or train, you have the right to request a refund for the cost of those tickets.
4. Compensation for moral damage. Practice shows that it is very difficult to obtain a large amount for moral damage in this case. To do this, you need to prove that the loss of luggage caused, for example, harm to health, but this will need to be documented. Usually in such cases the standard compensation is 1-2 thousand rubles.
5. Fine in accordance with the Law “On Protection of Consumer Rights”. This fine is imposed on the airline only by the court and only if the airline refused to satisfy the claim voluntarily. If the contract with the airline specifies a larger amount than that required by law, you can demand it.

Actions in case of lost luggage

When you become aware that your luggage is definitely lost. First, you need to file a lost luggage report. This can be done at the airport itself; each of them has a counter and a “Lost and Found” point. What should be indicated in the act:

• your contact number;
• the home address to which the luggage will need to be delivered, if you are on vacation, indicate the hotel address, as well as the period you plan to spend there;
• describe your suitcase in detail, in every detail.

The loss report must be signed by the shift supervisor, the carrier’s representative, and the passenger himself.

It is important that you receive a statement indicating that the airline has received a copy. The act is drawn up in two copies, one of which is handed over to the carrier. By the way, drawing up a report is not necessary and its absence does not deprive the passenger of the right to sue. But it is advisable to do it anyway in order to record the fact of loss and begin counting the time from which the company is obliged to either find your luggage or compensate for its loss.

Secondly, you will have to wait, since 21 days are allotted for the search. As soon as the luggage is found, the carrier's representatives will notify you and specify when it can be delivered to you. Thirdly, if the luggage is never found, you have every right to demand compensation by going to court. The norms of the Air Code of the Russian Federation determine that the application must be made for the airline itself.

Fourthly, in addition to compensation for lost luggage, the passenger has the right to demand compensation for moral damages from the airline, as well as a fine in the amount of 50% of the amount awarded by the court for refusal to pay voluntarily. In this case, the Law “On Protection of Consumer Rights” applies to airlines and the violation is considered to be an improperly executed contract of carriage. And it is not the fact of moral harm that needs to be proven, but the violation of rights as a consumer. In this case, you can count on an amount from 5 to 15 thousand rubles.

Plus, if the case is won, the airline pays legal costs, such as the costs of a lawyer or representative, as well as notary fees.

If for some reason you are not satisfied with the amount that the airline paid you, you can also go to court. But for this, you need not sign any documents, otherwise you will confirm that you have no claims against the company. You must also go to court with a claim for consumer protection. A statement of claim is filed at the place of residence of the passage and if the value of the claim is less than 50 thousand rubles. - to the magistrate, and if more than this amount - then to the city or district court.

In what cases can compensation for lost luggage be denied:

• If supporting documents are lost. We have already said that you must keep all the receipts that you are given when checking in your luggage. The fact is that you just need to prove that you checked in your luggage, that is, that you had it.
• In addition to compensation at established rates, passengers often demand compensation for moral damage or damage to health. Proving that this really was very difficult and almost impossible without professional help, therefore, in addition to standard payments, you may be denied the rest.
• If you are filing a claim with the airline, first find out why your luggage was lost. Perhaps ordinary negligence did not occur, but this happened as a result of force majeure circumstances or other situations beyond the control of the company. The airline can easily prove this, but your claim will be denied.

In conclusion, we can draw some conclusions so that this problem does not become relevant for you:

• do not leave valuables in luggage;
• if you are forced to transport valuables, you must return it with the declared value and pay an additional fee;
• all receipts that were given to you when accepting your luggage must be kept until everyone is checked for safety;
• It is better to remove all the tags that were on the suitcase before;
• you can sign your contact information directly on the suitcase itself to make it easier to find;
• choose a bright suitcase, a black suitcase is the most difficult, since, according to statistics, they try to choose exactly it.

Answers to common questions.

Question No. 1.“My suitcase was lost at the Moscow airport, I acted according to all the rules, immediately drew up a report and waited 21 days, but they refused to pay me, citing the fact that I did not enter into an agreement with them. What kind of agreement are we talking about?

Answer: You did everything correctly, apparently the airline means that the baggage was not assessed, but this is not a reason for refusal. You can safely go to court against such an airline. The act will be enough.

Question No. 2.“What value of luggage can I indicate during the assessment? Any or are there any restrictions?

When your baggage is assessed, you will be charged extra based on the amount you decide to enter. But we recommend that you indicate the maximum possible amount of reliability and the possibility of compensation in case of lost luggage.

Question No. 3.“I did not file a report about the loss of luggage and they are refusing to pay me compensation, is this legal?”

The airline must pay compensation even if a loss report has not been drawn up. However, when companies refuse to do this, your only option is to go to court. And in court you will be required to provide documents confirming the fact of loss. That's when you'll need the act. You can try to demand compensation without this act, but it is better to do it in a timely manner so that the airline does not have the opportunity to refuse.

Arrive in new country or home. You wait for your “hero” on the baggage carousel... and you discover that someone clearly played football with them. This is exactly what happened to my new plastic suitcase upon arrival from Sharm el-Sheikh to Kyiv. This is not my first rendezvous with the airline regarding compensation for damaged luggage. In this article you will learn what to do and where to run at the airport, what you can count on and others useful tips from personal experience.

Damaged luggage: what to do at the airport

Our chartered flight Sharm el-Sheikh => Kyiv was operated by the home airline UIA. But before you communicate with her, you need to follow simple steps:

✈️ We record the fact of luggage damage at the Lost&Found counter (at the same time we take photos at the airport). Even if you arrived late at night and it seems that the right employee cannot be found. Do not give up! There's always someone at Lost&Found. At the baggage tracing service (Lost&Found), fill out a baggage damage report. This is an official document confirming damage to the suitcase;

✈️ We find all luggage tags, boarding and e-ticket. It is very important not to lose the same luggage tag that is placed on your passport at check-in and baggage drop-off;

✈️We are preparing a written complaint to the airline at Lost&Found. This is the first complaint before you write a letter to the airline itself. Here it is important to describe the suitcase (color, model), the degree of damage, when and how much the suitcase was purchased for, and what compensation you want to receive. You can take a photo of this complaint, it will serve as a template for your further letter.

On this moment you have recorded damage to luggage from Lost&Found.

Damaged luggage: what to do next

At the airport, the main thing is to draw up a baggage damage report and get a personal number based on the fact of damage. When the first time they delivered a broken suitcase to me, the airline representative herself told me where and what damage I had. So you can start a thorough inspection right away at the Lost&Found counter. It is clear that because of the things in the suitcase, something may be missed, so our next step is to write a claim directly to the airline.

According to UIA rules, you need to send a letter to the post office within 7 days after receiving the suitcase. Although I read that other airlines also have such rules, most likely they are international. The text of the complaint can be expressed in free form. I really liked that I didn’t have to do it by hand and send all the documents and evidence to the airline. For UIA, all you have to do is write an email and attach all the photos/videos. That's a plus! In the letter we indicate all the details and do not forget to express your claim in monetary form. For example, part of my letter:

« When checking in for flight PS 5016 01/27/2018 Sharm el-Sheikh - Kyiv, a whole, undamaged, gray suitcase, wrapped in film, was checked in as luggage. Upon arrival at Boryspil airport, it was discovered that the suitcase was significantly damaged:

• the retractable handle on the suitcase was torn out (photo attached);

• the suitcase had significant cracks and breaks throughout the entire body (photo attached);

• 4 wheels of the suitcase, which should rotate 360 ​​degrees, jam and move with difficulty (video link)«

Some airlines may accept damaged luggage even after leaving the airport. In this case, you need to contact the airline as soon as possible. For example, on the Lufthansa and AirFrance websites there is a special form to fill out if you notice damage to your luggage at home or at the hotel.

✈️ Now we are waiting for a response from the airline. If the flight was carried out by one airline, then the waiting time is 3 months. If the flight was carried out by several airlines, then they may consider it for up to six months.

In my letter, I demand a refund of the full cost of the luggage, since the suitcase was purchased six months ago and it’s just a shame that, due to rough handling, it turned out to be covered in cracks and through holes. At the same time, the suitcase contained only things.

My damaged luggage is already considered evidence, as evidenced by the Damage and Pilferage Report (DPR) completed at the airport in Lost&Found. If our suitcase had been damaged before, then at Sharm el-Sheikh airport this would have been noted at check-in and the airline would have known that the suitcase was damaged in advance. I am not satisfied with this compensation and our negotiations continue... I will update the article as more information becomes available. Below you will understand exactly what compensation you can expect.

UIA liability for damaged luggage

I decided to make a separate point to hold UIA responsible for damaged luggage. So, “UIA airline is not responsible for the following types of loss and damage to baggage and belongings:

• lost straps and loops, scuffs or scratches, damage as a result of overfilling the suitcase, damage to fragile items or food that quickly deteriorates or breaks; damage to things and items that are improperly packaged or damaged by other things in this baggage;
• for damage/loss of breakable, fragile things and things that break or quickly deteriorate, electronic equipment (including photo and video equipment, computer equipment, storage media), software, money, keys, jewelry (valuable and semi-precious metals and stones) , glasses, antiques, works of art, photographs, fur products, technical documentation, business documents, securities, medicines, medical records, passports and other identifying documents, samples, unique or irreplaceable items, and other valuable items.”

Please note that there is no talk of wheels on the suitcase. Previously they were not subject to compensation.

“In case of minor damage (dirty, wet, cuts, tears, etc.) to checked baggage or its contents, UIA recommends that you independently organize repairs or dry cleaning of this baggage/its contents and provide it to the customer relations department or through the form feedback on the official website, a payment document from a repair shop or dry cleaner (check, receipt, invoice, etc.), which will confirm the material costs incurred and is the basis for making compensation payments.” Regarding my damaged luggage, UIA said that I could not prove that it was they who damaged the luggage. It’s good that my geotags were saved in my phone. I advise you to take all the photos/videos right at the airport (preferably before and after).

“In case of significant damage to checked baggage/its contents, if the baggage cannot be repaired (which is confirmed by a certificate from the workshop about the impossibility of repairs), compensation is paid in the amount of the confirmed actual cost of the damaged baggage/its contents (based on a sales/fiscal receipt), taking into account wear and tear and according to the Montreal Convention 1999 (up to 1131 SDR).

If the baggage cannot be repaired and the passenger cannot confirm the real value of the damaged baggage, compensation is paid depending on the weight of the items, in accordance with the provisions of the 1929 Warsaw Convention ($20 per 1 kg of damaged baggage), and in accordance with the IATA Identification Card - "Baggage Identification Chart."

What to do if you notice damage to your suitcase at home?

It is important to understand that not all damages can be compensated. Airlines are often not responsible for normal wear and tear of luggage and damage such as:

• scratches;
• dents;
• manufacturing defects;
• damage incurred during transportation of an overfilled baggage unit;
• improper packaging of fragile items;
• broken zippers.

In order to understand what “normal wear and tear of luggage” is, the airline only needs to know the age of your suitcase. When my suitcase was damaged, Austrian Airlines deducted my compensation for every year I used it. Then it was 12%, now I saw that Aeroflot depreciation of a suitcase is 10% per year. Simply put: if a 2016 suitcase was damaged during transportation, and it cost $100 in the store, the calculation will be as follows: $100 – $20 (20 % for two years).

What to do if things are missing from your suitcase?

Thank God, this did not affect us, only the broken suitcase. But it also happens that personal items disappear from a suitcase. I have a kind of rule that I use myself and always tell my tourists: “We never put valuables in our luggage. All laptops, tablets, jewelry, money, etc. We’ll take it with us.” And if you have already put something valuable in your luggage, then write about it right on the suitcase, so that people don’t look for it for a long time. I remember one African student who was flying to us in Portugal to study. The guy decided to put his laptop in a suitcase, and upon arrival he was very surprised why his luggage did not arrive. It was 2008/2009 and even then everyone was telling him what he was thinking. His luggage was never found...

Cases are different and anything can happen. If your luggage has been opened, you will be able to notice this directly at the airport: the suitcase is not fastened properly, the lock is torn/broken, the suitcase is open. Following the above points, first of all we go to Lost&Found. The art of opening suitcases unnoticed has improved significantly and the loss of some things can already be noticed at home or in a hotel.

Since our article is about damaged luggage, the tips will be devoted to maximum prevention of unpleasant situations at the airport. From my experience, I can say that it doesn’t matter whether your suitcase is fabric or plastic. My fabric one was in worse condition than the plastic one.

• Pack your luggage in plastic wrap, this will to some extent reduce the risk of illegal opening of the suitcase, missing items and some damage. This service is available at every airport. I don’t really like this plastic film, because you can barely remove it later. They reel it in conscientiously, and upon arrival, all the piercing and cutting instruments are inside the suitcase :-). I have regular cling film (20 m) with me: one in a suitcase for way back, and the second for departure and tape to “fix the effect.”
• Make it a rule to insure your luggage. After this situation, I will always use the service of the insurance company. It's like travel life insurance: the cost of insurance is much less than treatment.
• Try not to check valuables in your luggage. Someone can cover up the theft of things by external damage to the suitcase. Therefore, it is better to open the suitcase at the Lost&Found counter and check its contents.

If you have already had “relationships” with airlines due to damaged luggage, let us know in the comments.

How it all ended

The first response from UIA came very quickly, literally 2 days after sending the claim: “ Doctors who have not actually incurred any damages and have incurred damages to your luggage, we are ready to provide you with compensation in the amount of 70 USD.»

The wording really surprised me, i.e. my photos and videos at Boryspil airport were not enough to prove the damage suffered. My further letters remained unanswered. So I started looking for a repair shop that could prove the damage to my luggage. Unfortunately, I did not find such a workshop in Kharkov, and sending a suitcase to Kyiv for examination was a waste of time and additional expenses, which were not necessarily reimbursed by UIA.

At this time, my tourists gave me a gift in the form of a small suitcase, which melted my heart a little) Therefore, I limited myself to receiving compensation of 70 USD in hryvnia equivalent. Perhaps next time I will seek help from a lawyer.

Have you already had similar situations with airlines?