Delayed luggage

Carol Farrugia writes:

I wonder if you would kindly inform me of my rights in terms of EU regulations regarding loss of luggage by an air carrier.

In August I joined a party of 35 other people on a tour of Norway on a direct flight from Malta to Oslo. I checked in two hours before departure time, as requested. The other 35 people all got their luggage on arrival at Oslo but mine was mislaid. I registered its non-arrival at the service counter in Oslo airport.

What followed were five days of frustration, expensive phone calls to my husband in Malta and also having to buy extra clothes.

My husband was repeatedly told that my luggage had been sent to Oslo, but, in fact, it had actually stayed behind in Malta. Eventually, my luggage arrived five days later.

All this ruined my holiday. On my return I wrote to the airline to complain but to date have had no reply.

EU law gives extensive rights to air passengers.

These range from compensation, which must be paid to passengers who have been denied boarding or whose flight has been cancelled, to rights in cases of long delays. EU airlines must also entertain claims in the event of destruction, damage, loss and delay in the arrival of luggage on a flight operated by them anywhere in the world.

As a first step, the law provides that all EU air carriers must ensure, when selling flights in EU countries, that a summary of the main provisions governing liability for passengers and their baggage be made available to passengers at all points of sale, including sale by telephone and online. This information should include deadlines for filing an action for compensation and the possibility of opting for a higher liability limit for baggage.

Air carriers must provide passengers with a written indication of the applicable limit for the carrier's liability in respect of destruction, loss of or damage to baggage and a warning that baggage with a higher value than this figure should be brought to the airline's attention at check-in or is fully insured by the passenger prior to travel.

Moreover, airlines must also provide information on the applicable limit on the carrier's liability for damage occasioned by delay.

Specifically, in the case of baggage delay, the airline is liable to damage compensation unless it took all reasonable measures to avoid the damage or it was impossible to take such measures.

The liability for damages incurred as a result of the delayed arrival of baggage, unless otherwise indicated in the contract of sale, is roughly the equivalent of Lm500. A passenger can benefit from a higher liability limit by making a special declaration at the latest at check-in paying a supplementary fee accordingly.

In order to secure your rights, you must write and complain to the airline as soon as possible. In the case of damage to checked baggage, you must write and complain within seven days. In the case of delay you must write within 21 days from the date on which the baggage was placed at your disposal.

From the information supplied by the reader it appears that she did incur some damages as a result of the delay of her luggage. It also appears that she has also submitted her complaint within this time limit. Therefore, I see no reason as to why the airline should not entertain her claim.

The relevant EU law which makes provision for claims for damages for loss or delay of baggage is EU Regulation No. 2027/97 as amended by Regulation 889/2002. This law incorporates into EU law the so-called Montreal Convention on the unification of certain rules for international carriage by air.

Readers wanting to put questions to be answered in this column can send an e-mail, identifying themselves, to contact@simonbusuttil.eu or through www.simonbusuttil.eu.