From time to time during a trip, everybody has suffer the loss of a suitcase, o its damage. And its true that this type of incidence its something that’s common in our airports, and very often we don’t know our rights or where to go to make a complaint or which are the time limit that we must keep.

As a rule, the airline company will be responsible for the luggage loss o its damage if the booked luggage is in the airplane or in custody of the company. Handbags or personal objects will be also the company’s responsibility if its agents have been careless. Also the company will be responsible of the suffered damages, if they can’t prove they took all the necessary steps to avoid them or that was impossible to take them.

However the company won’t be responsible if the damage is due to the own nature of the luggage. Therefore is advisable not to have delicate or perishable things in it, because the companies don’t accept the responsibility if they arrive in bad condition.

If when the luggage is collected, you can see any damage o fault o it’s lost, is very important the customer goes to the involved company counter to present the proper complaint through the PIR, a formulary that you must fill in with your personal details and write down your complaint before leaving the luggage zone. It’s important to know that to collect the luggage without filling in the formulary means that the luggage has been delivered in perfect condition. It’s because of this that’s very important to make the complaint as soon as the customer gets the luggage and verify if it’s spoiled o lost.

Also the companies must have the perceptive complaint form that every company must offer to their customers, form that we recommend to fill in and keep a sealed copy.

We have to advise that to lodge a claim doesn’t affect a posterior prosecution of this claim, before the court justice.

With regard to the time limit to hand in the complaints, in agreement to the Montreal Treaty, and the european legislation, there is seven days to appeal since the luggage delivery in case of damage. If there is a delay, the complaint must be made in the next 21 days since the delivery date. If it’s a case of luggage loss, it’s after 21 days from your arrive, that you can make a complaint, always in writing. If you go to the court, the complaint action prescribe in two years.

In regard to the compensations, it’s applicable the Montreal Treaty, the CE rules nº 889/2002 and the 1960’s LNA relative to the airline company’s responsibility, about the aerial transportation of the passengers and its luggage, that in regard of the luggage transportation, set the transporter responsibility in case of damage, loss o delay in 1.000 special rights of transfer (D.E.G.)for each costumer, whose exchange value in euros is about 1.400.

One of the reasons for not to operate this limit settled in the international regulation, would be a special declaration of the luggage value had been made before booking it, paying an additional fee. In case of loss o damage of this luggage the compensation would be the declared value. Another reason would be the proved company’s deceit in the luggage transporting.

For the handbags, the responsibility will be limited in 332 D.E.G.for every passenger. (489,20 €)