If you have experienced loss or damage to your luggage while traveling on an airline, it is important to know your rights as a passenger. In the UAE, airlines are responsible for the checked-in luggage of their passengers, as stated in the Federal Decree Law No. 50 of 2022 Issuing the Commercial Transactions Law. This means that if your belongings are lost or damaged during your flight, the airline should compensate you for the value of the items.
According to Article 356(1) of the UAE Commercial Transactions Law, the airline is responsible for the damage resulting from the destruction, loss, or damage of checked luggage and cargo during air transport. This means that if your belongings are missing or damaged, the airline should provide compensation for the items based on their value. In case of loss or damage, the compensation should not exceed Dh500 per kilogram of luggage, unless a higher amount is agreed upon.
In the event of loss or damage to your luggage, you have the right to file a civil claim against the airline. You can file the claim in the courts which have territorial jurisdiction over the arrival/departure destinations, the court where the head office of the airline is located, or the court as mentioned in the travel contract (air ticket) between you and the airline. This gives you the option to choose the best course of action to seek compensation for your lost or damaged belongings.
Before taking any legal action, it is important to review your air ticket to understand the terms and conditions related to the loss of checked-in luggage. You should then file a written complaint with the relevant airline regarding the loss of your personal belongings. If the airline does not cooperate, you can file a complaint with the Dubai Civil Aviation Authority, and consider filing a case against the airline at the Dubai Court. You may also explore legal remedies in the court with jurisdiction over the location where your belongings went missing in South Asia.
It is advisable to seek legal advice from a qualified lawyer to understand your rights and options in case of loss or damage to your luggage while traveling. Ashish Mehta, the founder and Managing Partner of Ashish Mehta & Associates, is qualified to practice law in Dubai, the United Kingdom, and India. You can reach out to him for guidance on how to proceed with your claim for stolen or lost items from your checked-in luggage when traveling on an airline. Remember to keep all documentation related to your travel and the loss or damage of your belongings for the legal process.
