Claim for luggage delay. How to write a claim to the airline for delays in flights, luggage delay and payment of additional customs duties for transporting unaccompanied baggage

good day

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 prescribed by law Russian Federation, international treaties of the Russian Federation, as well as a passenger air transport contract, cargo transportation contract or air transport contract.

In accordance with Article 15 of the Civil Code of the Russian Federation, the person whose right is violated may require full compensation for damages caused to him if the law or contract does not provide for damages in a smaller amount. Under losses are understood by the costs that the person whose right is violated, produced or should produce to restore the violated right, loss or damage to its property (real damage), as well as non-trained income that this person would receive under normal civil turnover conditions if His right was not broken (missed benefit).

You have the right to demand the airline compensation for full damage compensation, but for this you will need to confirm the documented size.

The problem is mainly in proving not so much the cost of lost baggage, how much is the fact of finding these things in the luggage. The fact is that according to the Code of Civil Procedure of the Russian Federation:

Article 56. The duty of evidence

1. Each party must prove the circumstances to which it refers to both on the basis of its requirements and objections, unless otherwise provided by federal law.
2. The court determines which circumstances are important to what side to prove them, makes circumstances to discuss, even if the parties did not refer to any of them.

It is because of this, the legislation establishes the average rates of damage compensation norms, since the main problem is in proving the above facts. Or, if the luggage was more valuable followed him to additionally insure the loss. In the absence of such insurance, the possibility of recovery from the airline you specified the amounts seems to be problematic.

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

1. For a loss, shortage or damage (damage) of baggage, cargo, as well as hand-made carrier, the carrier is responsible in the following sizes:
1) for the loss, shortage or damage (damage) of baggage, cargo adopted by air carriage With the declaration of value, in the amount of declared value. For air transportation of baggage or cargo with a declared value with a shipper or consignee, an additional fee is charged, the size of which is established by the contract of air transportation of baggage or cargo transport contract;

2) Z. a loss, shortage or damage (damage) of baggage, cargo adopted for air transport without declaring value - in the amount of their value, but no more than six hundred rubles per kilogram of baggage weightor cargo;

Luggage weight is indicated on the luggage coupon. If for some reason the suitcase was not weighed, then automatically weight is estimated at 35 kilograms. In the event that there are checks on those things that lay in a suitcase, you can demand additional compensation.

I believe in competition as the most important movement force of progress and improving the quality of services. In my opinion, in the field of air transportation in our country with the level of service there was a problem. That I encountered when returning from the New Year's holidays.

January 11, 2017 I followed the Guangzhou - Moscow flight with my family. At Sheremetyevo Airport, upon receipt of the baggage, it turned out that my red suitcase has strong damage - the handle is pulled out, the top cover is disturbed. The second blue suitcase is also heavily polluted. I constantly fly Aeroflot, but with such a result, the trip faced for the first time.

All documents on this incident were decorated in place with an airline employee directly in the luggage assistance hall. Further, an employee A / K Aeroflot told me that you need to send a claim to the relevant department of the company that I did. Fortunately, I possess special knowledge to compile this kind of documents. The claim was drawn up and sent with all applications. Below give its approximate text:

Director of the Department of Ground Supply of Transportation of PJSC Aeroflot

Phone: +79030199210.

Exchange №1 of 01/12/2017

CLAIM

Please reflect me material damage for luggage damage (two suitcases) while following January 11, 2017 by the SU 221 by the Guangzhou / Can Moscow Sherem / SVO route.

The cost of causing damage estimates at 6,177.50 (six thousand one hundred seventeen) rubles 50 kopecks, 3,000 (three thousand) rubles for each suitcase and 117.50 for booking (waiting) Delimobil, as well as moral harm in 2000 rubles. Total 8 117.5 rubles.

Luggage acquisition year: Red Suitcase - 2017; Blue suitcase - 2016.

Our family: Grachev Nikolay Aleksandrovich, Gracheva Marina Vladimirovna (spouse), Gracheva Veronika Nikolaevna (daughter, 2010), Gracheva Christina Nikolaevna (daughter, 2011), flew to Moscow with SU 221 flight from Guangzhou A / To Aeroflot. After receiving luggage, I found that two suitcases are in a non-state state.

The Red Suitcase (Suitcase No. 1), decorated as luggage on Grachev Christina Nikolaevna, was doring the handle for transportation and the upper part of the suitcase was disturbed and badly damaged (photo in the amount of 3 pcs. Attached).

The blue suitcase (suitcase No. 2), decorated as a luggage on Grachev Veronica Nikolaevna, were visible traces of strong pollution over the entire surface, especially near the handle in the top (photo in the amount of 2 pcs. Attached).

All damage was recorded by Aeroflot as an employee immediately after detection, which is confirmed.Damage. report.

Use the suitcase number 1 is not possible, since the handle for the transport of the extension. Suitcase №1 I purchased in Guangzhou on January 10, 2017. The photo is even seen that there is still a plastic bag on the handle as a new thing. In terms of rubles, the amount of purchase of the suitcase number 1 was 3000 (three thousand) rubles.

The suitcase number 2 is very strong pollution that led to the fact that I not only can not use it, but I can't even keep it at home, so dirty. Suitcase №2. i purchased in the summer of 2016 for 3000 (three thousand) rubles in Moscow.

I often fly a / to Aeroflot alone and family. My wife and my wife has a frequent passenger map. My number is 86225145.

Now I will have to purchase two suitcase, as they will need them for further trips.

Also in the process of damage to the rack A / K Aeroflot, I had a simple car on which I was going to go myself and lead a family home from the airport. The company Delimobil was written off cash In the amount of 117.50 for waiting, which is also my losses in this case.

In accordance with Art. The 15 Civil Code of the Russian Federation, whose right is broken, may require full refund of damages caused to him if the law or contract does not provide for damages in a smaller amount. Under losses are understood by the costs that the person whose right is violated, produced or should produce to restore the violated right, loss or damage to its property (real damage), as well as non-trained income that this person would receive under normal civil turnover conditions if His right was not broken (missed benefit).

Also, our family was caused by moral suffering such work of the airline employees, which led to damage to our property and expectation at the airport with minors after a long flight.

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

I evaluate moral harm in 2000 rubles.

I ask this claim to translate funds in the amount of 8,117,5 (eight thousand one hundred seventeen) rubles 50 kopecks for the following details:

In case of not satisfying my claim within 30 (thirty) calendar days, I will be forced to apply to the court with a claim for damages in accordance with Civil Code and the law on the protection of consumer rights.

Applications:

  1. Photos suitcase №1 (3 pcs.).
  2. Photos suitcase №2 (2 pcs.)
  3. Extract from Sberbank online confirming payment of the expectation of delimobil.
  4. Bank details.
  5. Copy of marriage certificate.
  6. A copy of the birth certificate Gracheva K.N.
  7. A copy of the birth certificate Gracheva V.N.
  8. Copy Damage Report from 01/11/2017.

Legal representative of Gracheva Christina Nikolaevna and Gracheva Veronica Nikolaevna

In general,, of course, I did not expect an unequivocal fast positive answer to my claim, as I think that, nevertheless, still Soviet traditions in our economy and my interests as a client are not primitive for this company. But the answer A / K Aeroflot exceeded all my expectations in originality of the answer.

They indignant what they delay the decision of the question and offer me to provide the documents that they have, which they themselves are produced, and also offer to provide a receipt for the purchase of a suitcase, as if I specifically stored them in anticipation that the carrier breaks me baggage.

Below I give my answer to their answer.

Okka Dental PJSC Aeroflot

141425, Khimkins rn Moscow obl., International highway, d. 31

From Gracheva Nikolay Alexandrovich, a legal representative of the daughters of riceva Veronica Nikolaevna and Gracheva Christina Nikolaevna

Address: 123242, Moscow, ul. Krasnaya Presnya, d. 11, square. 77.

Phone: +79030199210.

Exchange №2 of 11.02.2017

ANSWER

In response to your letter from 01/31/2017 No. 111.02.2-1223 I inform the following:

Thank you for the operational response to my claim.

In your answer, you suggested that I provide the originals of the luggage tags. I have them. Their colored copies I made a complaint. I made it to my claim all the documents I had. Also 11.01.2017, all documents I checked your employee directly in the luggage assistance hall. I do not understand what you still have lacking and on what basis I should provide the original of your documents. Why I did not report this on January 11, 2017. Based on what rule of law, do I need to provide the originals of these documents? Or is your arbitrary requirement that leads to a delay in the dispute settlement process? Or do you have doubts that this is me and my family followed on January 11, 2017 by the flight of your airline? These are your documents. By law, I am not obliged to provide you with the documents you also released and which you have. In this regard, I refuse to send you the baggage tags SU698630 and SU 698657, since I sent you to copies and they were recorded by Aeroflot employee on January 11, 2017.

You also wrote a request to provide you with DPR MOWDPR MOWSU30758. What it is? Why do you ask me some kind of incomprehensible document. I am a consumer of your services and do not possess special knowledge in the field of air transportation and the law on the protection of the rights of consumers should not have them. What kind of red troops with documents? You have all the documents for transportation.

You also offered to provide checks on the purchase of suitcases to confirm their cost. It is a pity that you do not believe your regular customer having a frequent flying passenger map. At the same time, I want to note that I did not plan to use the services of A / K Aeroflot that my property would be damaged and did not store checks confirming the acquisition of your property and do not plan to do so. The price stated by me corresponds to reality and is reasonable, including based on the current prices for similar goods and it is even lower than these prices. Of course, if I needed me to be initiated by merchant expertise, which will establish the cost of this property for you. However, the cost of such an examination will significantly exceed the cost of this property. At the same time, I do not intend to carry out so not reasonable actions and create extra charges with you and offer you to independently determine the cost of a red suitcase, since you are in the field of transportation of recognized professionals, and I suppose you have our own property assessment system. I hope that your rating will not differ significantly from the amount that I spent on the acquisition of a suitcase!

You offered me, among other things, to dry the suitcase and send a check to you. However, I still have no confidence that I will receive compensation on it, as you just offered to send the check to your address without the obligation to pay it. In this regard, I ask you to determine the cost of dry cleaning yourself and compensate for it in a voluntary order.

I also ask you to additionally compensate for 182 rubles 94 kopecks for sending the first claim (copies of the receipts I apply). Requirements for compensation for a simple car and compensation for moral damage I leave unchanged as they are specified in the claim of January 12, 2017 No. 1

Summarizing the said, I want you, despite this incident, thank for the comfort and safety of flights. I also ask you to treat with all your attention to my problem and do not delay her decision. Otherwise, I will be forced to apply to the court to protect my rights.

Best wishes, Nikolay Alexandrovich Grachev.

Applications:

  1. Awriter A / K Aeroflot dated January 31, 2017 (copy).
  2. Planting coupons with luggage receipts 4 pcs. (copies).
  3. Copy Damage Report from 01/11/2017
  4. Post receipt of 12.01.2017 with the description of the investment (copy).

_____________________________/_____________________________.

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

Aeroflot's response did not make himself wait! And the requirements were satisfied.

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

Did you get damaged baggage at the airport? Peeling opened suitcase on a tape or something else? What to do in such a situation to whom to complain, and how to be, if the breakdown has already noticed at home? All these questions we asked travelers in our social networks Vkontakte, Facebook and Instagram and collected fifty stories. Let's figure out in order.

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What to do if the baggage damaged

Where to go, who to write and call?

If you have noticed the place of damage to the tape, immediately refer to the service agent at the duty agent in the luggage zone either to the airline representatives at the airport. They should help in making a claim statement.

If you notice damage already outside the air harbor, do not worry, you can still apply. Call the airport call center or airline, check where you can send your application and copies of all necessary documents.

What documents should be on hand to submit an application?

  1. A ticket or a copy of it.
  2. Boarding pass.
  3. Baggage tag.
  4. Personality document.
  5. Photos if the application is sent remotely.
  6. Check on the suitcase (asked very rarely, but be prepared that they can ask him).

How long can you apply?

On the domestic Flights a claim to the carrier can be submitted within six months, according to Art. 126 of the Air Code of the Russian Federation.

The specified period is calculated as follows:

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

On the international Flights a claim can be submitted, according to Art. 127 Air Code of the Russian Federation:

  1. When damaged baggage (cargo) - within 7 calendar days from the date of receipt of baggage and no later than 14 calendar days from the date of receipt of the cargo.
  2. In case of delay in the delivery of baggage or cargo - within 21 calendar days, from the date of luggage or cargo by the passenger.
  3. In the case of loss of baggage or cargo - within 18 months from the date of arrival of the aircraft to the destination or from the day when it had to arrive.

Stories of travelers about damaged baggage

The case was in Vnukovo. Lost & Found wrote a statement that the luggage is damaged. The administrator was a protocol and said it is necessary to write to the airline with the minutes of the protocol - they will figure it out. Also Admin apologized. There was a bag of a la shine, who did not bring conversion with her and broke out. But it was packed with polyethylene. Nothing disappeared, so I did not write in a / k.

Sergey Tikhonov

Tolmachevo, Novosibirsk. The bag drove on the tape in the open form - the upper part of the breakdown, all personal belongings outside. Values \u200b\u200bdid not go, nothing was gone. They wrote an application for compensation for a spoiled pretty expensive bag. Answer: And you check it on it, and then the degree of wear prove documented ...

Svetlana Zakharenko

Received luggage with a shot wheel in UTaire. They took an act at the airport, then wrote in UTair, put photos, weight and cost of a suitcase. Compensated from the calculation of the weight of the suitcase. Of course, the amount was not enough to buy a new one.

Dmitry Zybinsky

She flew with docking in Amsterdam (KLM), on the inspection of the suitcase cut the castle. Arrived, wrote a claim, promised to return the cost of the suitcase on the check. Waiting for money. So the Council is never throwing Checks about buying suitcases!

Nikolay Ustinov

I flew somehow Catarma from Bangkok to Moscow. I flew to Domodedovo and found that my suitcase is broken with a sliding handle and a wheel. At the same time, sent through the oven with the "Fragile" sticker. It came to the employees of the airport in the zone of baggage, they made everything, called the representative of the airline and after 2 weeks I paid an amount equivalent to 100 dollars. SAMSONITE suitcase was actually $ 30 and was bought 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 for a similar suitcase, however, only a handle cracked, and I rode a couple of times a couple of times, until I bought a new one. There was another case when I flew from Transaero from Moscow to Bangkok, and the suitcase had a broken wheel, but it was no time, and I just left. Bought in Pattaya for 50 dollars new suitcase.

Slava Vlasov.

In Malta, he received his little American Tourister, discovered that he was torn off the zipper, which was inserted into the built-in lock on the suitcase. It came to Baggage Claim, accounted for an act of damage (Damage Report). Then there was a long correspondence with Airmalta about compensation for this damage, first they were silent. Then I just began to leave comments to their Publications on Facebook, began to move and as a result paid 80 € as compensation. But at first demanded to send them the original Damage Report in Malta ... I asked them a reasonable question, and if the mail would lose my letter or your colleagues in the office will randomly lose it, what then?! They agreed on the scan of this document, the scan of my page of the passport with the data and bank details. The money went three weeks about about the score ...
And even when they had already agreed on compensation, the airline began to fool a fool again, they say, I have incorrect details. I had to scold loudly and immediately they figured out the details and sent me the money at the expense.
But how to be tourists who do not own foreign languages, do not even know ... As a result, everything took almost 3.5 months of expectations and communication.

Alexey Kozlov

In Hanover, he got a rumpled suitcase without a handle. He immediately turned with a complaint against the Rack of Lufthansa and received compensation on his hands.

Mikhail Shovrov

Air Berlin arrival in Domodedovo. One wheel in a suitcase was unclosed. I wrote a statement to employees at the rack of information in the luggage issue hall (10 min), and during a couple of three weeks received money from the airline, in general, according to a fairly fair settlement.

Andrei Kolesnikov

Received Rostov Suitcase at the airport without a wheel, amounted to an act at the airport, then I fixed the suitcase, wrote a letter to a letter to the S7 office, where I specified the requirement to compensate for the repair and account number in the bank, put the receipt for repairs, the act. After a couple of weeks, money came.

@Timurker

Several times got broken suitcases without wheels, torn with broken internals (souvenirs, perfume, etc.) in the KLM airline. I wrote a claim, once reimbursed the cost of suitcases with a voucher for 100 euros, another time was refused to compensate for non-compliance with the procedure, namely: a broken suitcase was presented at the airport (in Spain), then they bought a new one at once (it was impossible to move ), they said that this would be enough, on arrival home (to Russia) went into failure, no suitcase - no compensation. Although purchasing documents were provided. Allegedly not correct Spaniards registered the fact.

@Olilely.

He flew from New York to Peter through Paris (Charles de Gaulle) Lufthansa, who was stupid put a gift iPhone into luggage. By arrival in Peter it turned out that the baggage did not fly from Paris. The airline assured that it was returned for 3-5 days, returned in a week and without an iPhone. Immediately in Pulkovo wrote a statement to the police. Lufthansa reimbursed the full cost of the phone on the check during the week.

@Olyazhurik

On transfer to Guangzhou (flight Moscow-Manila, transplanting more than 24 hours with baggage) was given a suitcase with a broken wheel. Flying on China Southern Airlines. But not in the company, but in the "Help, Complaints" window when issuing nearby, asked to write a statement about damage to the passport data, made a copy of the landing and immediately issued a new suitcase. Slightly less liter, but good quality. Excellent service at the airport and airlines.

@Bulgakovanina.

Let the luggage be lost and does not break. But, if that, now you know how to apply and get compensation.

Loss of baggage at airports is around a fairly common problem. In addition to the fact that it gives a number of problems with passengers, it also reduces the popularity rating of airlines. In the article, we will tell you how compensation is calculated for the lost baggage at the airport in 2020, let's give a sample claim.

Despite the modern methods used in the maintenance, registration and transportation of baggage, the loss remains an urgent problem. The fact is that people work with luggage, and they are known to be mistaken. In some cases, baggage is safely located, but passengers receive it after a while, for which the airline has to pay.

Causes of loss of baggage at the airport

  • the main cause of loss of baggage can be the usual loss of tag, which is attached to it when registering on the flight. If it occurs during transportation, then the luggage will remain at the airport of departure and find it will not be difficult. And if the suitcase by mistake register to another flight, it can be sent to another country and it will be very difficult to find it;
  • The reason for the loss of baggage can also be an error of the company employee, in particular a loader, he can simply confuse flights;
  • Losing your luggage can also passenger himself, for example, leave manual jack In the waiting room. But it is necessary to deal with the loss in general.

Compensation for lost baggage

To begin with, it is necessary to understand that it is not obliged to compensate for the full cost of baggage of the airline. International legislation provides compensation in the amount of 20 dollars per 1 kg of weight, while the contents of baggage does not matter. A luggage coupon is attached to the air ticket purchased by the passenger, which indicates the weight of baggage. For this weight passenger and can receive compensation. If a situation occurred at which the baggage was not weighed to the calculation of the average value of 35 kg.

Passengers, of course, are very often unhappy with the amount of payments and turn to the head office of the airline. And there are cases when they manage to achieve payments up to 5,000 dollars. If you have fallen into such a situation in an unfamiliar state, you can immediately go to the head office of the airline, which provided transportation.

What to count on luggage

Luggage loss compensation:

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

The calculation of compensation looks like this:

  • $ 20th year in dollar in rubles x baggage weight in kg
  • The dollar rate is taken on the basis of the course of the Central Bank of the Russian Federation on the day when the court decides. At the same time, the claim should indicate that you require compensation at the rate of the Central Bank of the Russian Federation on the day of payment.
  1. Penalty for the delay in luggage delivery, that is, the luggage was delivered to you, but late. At the same time, the airline faces a fine of 25% of the minimum wage in the Russian Federation. The calculation looks like this: 25% x Mrometh x number of delay
  2. The penalty for the delay in the delivery of the passenger's baggage, if the flight was detained, it is considered similar to the previous one. From the payment of such a fine, the airline can save the fact that the cause of the delay of steel force majeure (natural cataclysms, etc.), while eliminating the fault of the aircraft, which could harm the life and health of passengers, or other circumstances that are directly from the airline Do not depend.
  3. Compensation of losses. If, for example, waiting for your luggage at the airport, you miss another flight or train, you have the right to demand to compensate the cost of these tickets.
  4. Compensation of moral damage. Practice shows that a large amount for moral damage in this will be obtained very difficult. To do this, it is necessary to prove that the loss of baggage caused harm to health, but it will be required to document. Usually in such cases, standard compensation is 1-2 thousand rubles.
  5. Penalty in accordance with the law "On the Protection of Consumer Rights". This penalty on the airline is only a court and only if the airline voluntarily refused to satisfy the airline. If a large amount is prescribed in the contract with the airline than the one that is provided for by law, it is possible to require it.

Actions with luggage loss

When it became known that the baggage is already lost. First, it is necessary to issue an act of luggage. You can do this at the airport itself, each has a rack and a losing baggage (Lost and Found). What should be specified in the act:

  • your contact number;
  • the home address by which the luggage will need to be delivered, in the event that you are on vacation, specify the address of the hotel, also the time you plan to spend there;
  • describe your suitcase in detail, in all details.

Sign Act Utility must be the head of the shift, the representative of the carrier, as well as the passenger itself.

It is important that you receive a statement on which there is a mark that the airline received a copy. The act is drawn up in two copies, one of them is awarded to the carrier. By the way, the compilation of the act is not necessarily and its absence does not deprive the passenger the right to present a claim. But it is advisable to do it all the same to fix the fact of loss and start counting the time from which the company is obliged to either find your luggage or compensate for it.

Secondly, you will have to wait, as the search to retire 21 days. As soon as the luggage is discovered, representatives of the carrier will notify you and clarify when it can be delivered to you. Thirdly, if the baggage is not found, you have the full right to demand compensation by contacting the court. The norms of the Air Code of the Russian Federation identified that the application should be made on the airline itself.

Fourth, in addition to compensation for luggage loss, the passenger has the right to demand compensation for moral damage, as well as a fine of 50% of the amount that the court awards for refusing to pay voluntarily. In this case, the Airlines applies the Law "On Protection of Consumer Rights" and the violation is considered inappropriate images of a fulfilled contract for transportation. And it is not necessary to prove not the fact of moral damage, but violation of the rights as a consumer. At the same time, it is possible to calculate in the amount of 5 to 15 thousand rubles.

Plus, in the won, the airline pays legal costs, such as the cost of services for a lawyer or a representative, as well as the payment of non-notary services.

If for some reason you do not satisfy the amount that the airline paid you, you can also go to court. But for this, you need not to sign any documents, otherwise you confirm that there are no complaints about the company. It is also necessary to contact the court with a claim for the protection of consumer rights. The statement of claim for the place of residence of the Passage is submitted and in the case of the schedule of the claim less than 50 thousand rubles. - The magistrate, and if more than this amount - then in the city or district court.

In which cases may refuse to compensate for luggage loss:

  • With the loss of supporting documents. We have already said that it is necessary to maintain all the receipts that they give you upon delivery of baggage. The fact is that you just need to prove that you have passed the luggage, that is, that he had it.
  • In addition to compensation for established tariffs, passengers often require compensation for moral damage or damage to health. Prove that this was really very hard and almost impossible without professional assistance, so in addition to standard payments, you may otherwise refuse.
  • If you make a complaint of the airline, find out to start the cause of your luggage. It was possible that there was no ordinary negligence, but this was due to the circumstances of force majeure, or other situation independent of the company. The airline can easily prove it, but it will be refused to you.

At the end, you can make some conclusions, so that this problem does not become relevant to you:

  • do not leave valuable things in baggage;
  • if you are forced to transport valuables, it is necessary to pass it with the announced value, while paying for an additional fee;
  • all the receipts that you were issued when taking baggage should be stored before checking all for safety;
  • all tags that were on the suitcase before it is better to remove;
  • you can sign contact details directly on the suitability itself to facilitate its search;
  • choose a bright suitcase, the black suitcase is the most difficult, since according to statistics they try to choose it.

Answers to common questions.

Question number 1. "My suitcase lost at the airport of Moscow, I acted according to all the rules, immediately accounted for an act and waited on 21 days, but I refused to pay, referring to the fact that I did not conclude an agreement with them. What agreement are we talking about? "

Answer: You did everything right, apparently the airline means that there was no score of baggage, but this is not a reason for refusal. You can safely contact the court to such an airline. The act will be enough.

Question number 2. "What is the cost of baggage I can specify when evaluating? Any or are there any restrictions? "

When evaluating your baggage, you will pay extra for this, based on the amount that decide to specify. But we recommend that you specify the maximum possible amount of reliability and compensation in case of luggage.

Question number 3. "I did not make an act of luggage lucos and refuse to pay compensation, is it legal?"

The airline compensation should be made even if the act on the loss is not compiled. However, when companies refuse to do you just go to court. And in court you are obliged to provide documents confirming the fact of the loss. But you will need the act. You can try to demand compensation and without this act, but it's better to do it in a timely manner so that the airline does not have the opportunity to refuse.

Flying B. new country or home. We are waiting for your "hero" on the luggage tape ... and you find out that they obviously have someone played football. It was this that happened to my new plastic suitcase on arrival from Sharm el-Sheikh to Kiev. This is no longer the first "Randevu" with the airline about compensation for damaged luggage. In this article you will find out what you need to do and where to run at the airport, for which you can count on useful advice From personal experience.

Damaged luggage: what to do at the airport

Our chartered flight Sharm el-Sheikh \u003d\u003e Kiev performed the native airline Mau. But before communicating with it, you need to perform simple steps:

✈️ Fix the fact of damage luggage at the Lost & Found rack (in parallel you make a photo at the airport). Even if you flew late at night and it seems that the desired employee is not found. Do not give up! Lost & Found is always someone. In LuSt & Found's search service, fill the act of damage to luggage. This is a formal document confirming the damage of a suitcase;

✈️ Find all luggage tags, landing and e-ticket. It is very important not to lose the same luggage tag that is glued to the passport for registration and delivery of baggage;

We include a written claim to the airline in Lost & Found. This is the first complaint before you make a letter to the airline itself. It is important to describe the suitcase (color, model), the degree of damage when and for how much the suitcase was purchased, what compensation you want to get. You can make a photo of this complaint, it will serve you as a template for further writing.

On the this moment You recorded luggage damage at Lost & Found.

Damaged luggage: what to do next

At the airport, the main thing is to make an act of damage to baggage and get a personal number on the fact of damage. When the first time was delivered to me, the representative of the airline herself suggested where I had any damage. So you can immediately have a thorough inspection at the Lost & Found. It is clear that because of things in the suitcase, something can be missed, so the next our step is to write a claim directly to the airline.

At Mau, according to the rules, you need to send a letter to the post within 7 days after receiving the suitcase. Although I read that other airlines also have such rules, most likely they are international. Claim text can be expressed in free form. I really liked that it is not necessary to do it by hand and send all the documents and evidence in the airline. Mau is enough to write a letter to the mail and attach all photos / video. This plus! In the letter, we indicate all the items and do not forget to express your claim in monetary form. For example, some of my letter:

« By registering on the flight PS 5016 01/27/2018 Sharm el-Sheikh - Kiev, was put into baggage whole, without damage, wrapped in a film, a gray suitcase. By arrival at Boryspil Airport, it was found that the suitcase was significantly damaged:

    • retractable handle on the suitcase (photo in attachment);

    • suitcases found significant cracks and faults throughout the corps (photo in attachment);

  • 4 Wheels of the suitcase that should rotate 360 \u200b\u200bdegrees, jean and ride with difficulty (video link)«

Some airlines can take luggage damage even after leaving the airport. In this case, you need to contact the airline as early as possible. For example, on the site Lufthansa andairfrance there is a special form for filling if you notice the luggage damage at home or at the hotel.

✈️ Now we are waiting for an answer from the airline. If the flight performed one airline, then waiting time is 3 months. If the flight was carried out by several airlines, then they can also be considered before six months.

In my letter, I demand the return of the full cost of baggage, as the suitcase was bought half a year ago and it's just a shame that because of the rude appeal, it turned out to be all in cracks and through holes. At the same time, only things were in the suitcase.

My damaged baggage is considered to be a real proof, as evidenced by the Damage and Pilferage Report (DPR) airport in Lost & Found. If our suitcase was damaged to, then at Charm El Sheikh Airport, it would be noted on registration and the airline would know that the suitcase was damaged in advance. This compensation does not suit me and our negotiations continue ... I will update the article as all information is received. Below you just understand what compensation can be calculated.

Responsibility Mau for damaged baggage

I decided to make the responsibility of Mau for damaged baggage. So, "Airline Mau is not responsible for the following types of losses and damage to baggage and things:

  • lost straps and loops, scratching or scratches, damage as a result of excessive filling of the suitcase, damage to fragile things or foods that quickly deteriorate or fight; damage to things and items that are improperly packed or damaged by other things in this luggage;
  • damage / loss of brittle, fragile things and things that fight or quickly deteriorate, electronic equipment (including photo and video equipment, computer equipment, information carriers), software, money, keys, jewels (valuable and semi-precious metals and stones) , glasses, antiques, works of art, photos, products from fur, technical documentation, business documents, securities, medicines, medical documentation, passports and other identifying documents, samples, unique or indispensable things, other valuable items. "

Notice that there is no speech about the wheels on the suitcase. Previously, they were not subject to compensation.

"In the case of minor damage (pollution, wetting, cuts, breaks, etc.) of registered baggage or its content, MAU recommends independently organizing repair or dry cleaning of this baggage / its content and provide customer relations department or through the form feedback On the official website, a payment document from repair shop or dry cleaning (check, receipt, invoice, etc.), which will confirm the material costs incurred and is the basis for the implementation of compensatory payments. " On my damaged luggage, MAU said that I could not prove that they were damaged by luggage. It is good that my geometries in the phone are preserved. I advise directly at the airport to do all photos / video (better before and after).

"In the case of significant damage to the registered baggage / its content, if the baggage is not subject to repair (which is confirmed by the act from the workshop on the impossibility of repairing the repair) compensation is paid in the amount of the confirmed actual value of damaged baggage / its content (based on the commodity / fiscal check), taking into account the wear and according to the Montreal Convention-1999 (up to 1131 SPZ).

If the baggage repair is not subject to and the passenger cannot confirm the real cost of damaged baggage, compensation is paid depending on the weight of things, in accordance with the provisions of the Warsaw Convention-1929 ($ 20 per 1 kg of damaged baggage), and in accordance with IATA identification card - Baggage Identification Chart. "

What if I noticed damage to the suitcase at home?

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

  • scratches;
  • dents;
  • production defects;
  • the damage arising from the transportation of an unnecessary filled luggage unit;
  • improper packaging of fragile items;
  • lightning buckle breakdown.

In order to understand what "Normal luggage wear" such is only you only need to know the age of your suitcase. When my Austrian Airlines was damaged, out of the amount of compensation every year of its use. Then it was 12%, now I saw that Aeroflot had an ammortization of a suitcase of 10% per year. Simply put: If the 2016 suitcase was spoiled during the transport, and in the store it cost $ 100, the calculation will be as follows: $ 100 - $ 20 (20% in two years).

What if they disappear from the suitcase?

We, thank God, it did not touch, only a broken suitcase. But it happens that personal items disappear from the suitcase. I have a kind of rule that I use myself and always speak to my tourists: "We never put valuable things into baggage. All laptops, tablets, jewelry, money, and so on. take with me. " And if you already put something in a valuable luggage, then write about it straight on the suitcase, so that people have not been looking for a long time, I remember one African student who flew to us in Portugal to study. The guy decided to fold his laptop into a suitcase, and on arrival it was very surprised why his luggage did not arrive. It was 2008/2009 and then everyone told him what he thought. His luggage never found ...

Cases are different and anything can happen. If your luggage was opened, you can notice it directly at the airport: it is not so fastened with a suitcase, cut off / broken the castle, an open suitcase. Following the items above, first of all go to Lost & Found. The art of opening is imperceptibly suitcases significantly improved and about the loss of some things can be noticed at home or at the hotel.

Since the article is about damaged baggage, the tips will be devoted to the maximum prevention of unpleasant situations at the airport. In my experience I can say that it does not matter fabric or plastic suitcase. My fabric was in a more terrible state than plastic.

  • Package luggage into a polyethylene film, it will allow to some extent to reduce the risk of illegal autopsy suitcase, missing things and some damage. This service is in every airport. I do not really love this polyethylene film, because it is even barely removed. They wound on conscience, and on arrival all sting and cutting tools are inside the suitcase :-). I have an ordinary food film (20 m): one in the suitcase on the way back, and the second for departure and tape for "fixing the effect".
  • Enter the rule to ensure your luggage. After this situation, I will always enjoy the service of the insurance company. It is like a trip to life insurance: the cost of insurance is significantly less than the treatment.
  • Try not to take valuable things into luggage. Someone can cover the theft of things by external damage to the suitcase. Therefore, it is better to open a suitcase at the Lost & Found rack and check its contents.

If you have already been "relationships" with airlines because of the damage to baggage, let me know in the comments.

Than it all ended

The first answer from Mau came very quickly, literally 2 days after sending a claim: " Evholes, Shahoi did not brought actually incurred by the explosion, Shcho Viknikli at the ZV'yaznka sick-fittings of your baggage, mi ready to reflect the compensation to you at Romirі 70 USD.»

The wording was very surprised me, i.e. My photos and videos at the Boryspil airport was not enough to prove the damage suffered. Further my letters remained unanswered. Therefore, I started looking for a workshop that could prove damage to my baggage. Unfortunately, in Kharkov, I did not find such a workshop in Kharkov, and there was a spending time on Escpertis in Kiev, there was a spending time and additional expenses that were not the fact that they were compensated in Mau.

At this time, my tourists made me a gift in the form of a small suitcase, which a little Ratonilo my heart) Therefore, I was limited to receiving compensation in 70 USD in the hryvnia equivalent. Perhaps the next time I will ask for help to a lawyer.

Have you already had similar situations with airlines?

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