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Your rights under the Montreal Convention for mishandled baggages.

Weclaim's world-class travel legal experts have prepared for you practical answers to the most common questions you may have regarding your rights to compensation under the Montreal Convention for a baggage issue. If you don't find the answer to your question, contact us or check the amount you are entitled to free of charge now.

What to do if your Mishandled bagage

When will my claim become time-barred?

If you've made a written claim to the carrier and have been refused compensation under the Montreal Convention by the carrier, you will have two years from the date of arrival of the flight (or the date it ought to have arrived) to take the claim before the competent Court.

If the carrier offers me a voucher instead of a bank transfer, am I obliged to accept?

No. You are completely free to choose to be compensated in cash.

If the carrier refuses to pay you, start a claim with us today.

Are strikes considered extraordinary cirucmstances under the Montreal Convention?

This depends on whether the strike is internal or external.

Internal strike: You have the right to compensation if the strike is internal, e.g. a strike organised by the company's staff.

External strike: You are not entitled to compensation if the strike is external, e.g. a strike organised by airport staff.

Be aware that in any case, you have the right to be re-routed to your final destination as soon as possible without any extra cost to you. If you are not re-routed, you have the right to be refunded the entirety of your journey.

Can I make a claim which surpasses the limit set by the Montreal Convention?

No, the uppert limit (1,131 SDR) per passenger is absolute and cannot be surpassed, unless you made a special declaration of interest at check-in.

In which cases will the legislation apply?

The Montreal Convention will apply to all international flights operating bewteen participating countries. You can find the list of signatories here.

Can the carrier refuse to reimburse me for certain categories of lost/damaged items under the Montreal Convention?

No. Even though carriers often state that they are not liable for the loss of or damage to certain categories of items (electronics, jewely etc.), it has been held by several regulatory bodies that such blanket clauses are null and void.

Please note that the passenger compensation limit imposed by the Montreal Convention is still to be respected, unless you made a special declaration of interest at check-in.

Should the airline company try to limit its responsibility by referring to this type of clause, start a claim with us today.

How much time do I have to file my written complaint?

Damaged luggage: You must make a written complaint to the airline company within the seven (7) days following the return of your damaged luggage.

Delayed luggage: You must make a writtenc omplaint to the airline company within the twenty-one (21) days following the return of your luggage.

Lost luggage: Your luggage is considered lost if it is not returned to you within twenty-one (21) of the flight or if the airline admits losing it. A written complaint can be made before the expiry of this window period or shortly thereafter.

How much am I entitled to under the Montreal Convention?

Firstly, it is important to note that claims under the Montreal Convention are limited to 1,131 Special Drawing Rights (approximately £1,160.19) per passenger. Further, airlines only accept to compensate you upon presentation of proof of purchase. (e.g. receipts, bank statements etc.

Damaged luggage: You are entitled to compensation that is proportional to the damage incurred by your luggage. Should the suitcase be damaged beyond repair, the company is obliged to refund you the cost thereof.

Delayed luggage: You are entitled to a refund of the items purchased whilst awaiting your luggage. Further, you stand to be compensated for the provable losses flowing directly from the delayed arrival of your luggage (e.g. loss of earnings).

Lost luggage: You are entitled to a refund of the entire contents of you lost luggage.

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