Losses and delays caused by airlines can be compensated
It’s not hard to know someone who’s had a frustrated trip due to their luggage being lost by the airline. With the peak holiday season and a strong recovery in tourism, these types of complaints have also been on the rise.
According to the International Society of Aeronautical Telecommunications (SITA) the loss of baggage by airline operators grew by 24% in 2021 alone, an average of 4.31 per thousand passengers.
Data from Procon-SP indicates that there was a 156.4% increase in lost baggage claims in the first half of 2022, compared to the second half of 2021.
While airlines are responsible for all checked items and therefore are liable for any damage, loss or delay, it is up to the passenger to take action if they notice anything amiss.
“The first thing to do when you don’t find your belongings is to report them directly to the lost baggage counter. When you open this ticket, a member of staff will take your flight details and ask you for a description of your baggage. This Register of Irregularity Baggage (RIB), as is known, serves to prove the loss and must be requested immediately”, points out Luciana Roberto di Berardini, lawyer specializing in consumer law and partner of the firm Berardini Law Firm🇧🇷
After this first action, Luciana argues that it is the airline’s duty to communicate the deadline for the return of lost luggage. By law, it is seven calendar days on domestic flights. In international ones, 21 consecutive days.
“Furthermore, it is the company’s duty to offer value to the injured passenger for the purchase of basic necessities, if he is away from home. Recalling that, if this does not happen or if the bag is returned after the established deadline, as well as if it is not found, compensation to the consumer is appropriate ”, he explains.
How to set the refund amount
The lawyer points out that each airline decides the amount of the refund. However, no one calculates the inconvenience caused to the passenger, who usually has to bear the extra expenses that have become necessary due to the loss.
“My advice, in these cases, is to keep all receipts and invoices, including the airfare, so that these amounts can be claimed in a future lawsuit filed for moral and material damages,” he comments.
Unfortunately, according to Luciana, the indemnity offered by the airlines until the suitcase is returned to the owner does not repair all the damage suffered. Therefore, in many cases Justice understands that there is a right to greater compensation.
“In Brazil there is a jurisprudence on non-pecuniary damages in cases of lost luggage lasting more than 72 hours. The amount of compensation varies, reaching up to R$ 10,000. It is worth mentioning that for international flights the legislation is different and, therefore, the coverage is different. Therefore, it is always advisable to contact a lawyer to understand how to proceed correctly and to have your rights guaranteed ”, she warns.
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Source: Terra
Ben Stock is a lifestyle journalist and author at Gossipify. He writes about topics such as health, wellness, travel, food and home decor. He provides practical advice and inspiration to improve well-being, keeps readers up to date with latest lifestyle news and trends, known for his engaging writing style, in-depth analysis and unique perspectives.
