If you have ever experienced the loss of baggage while traveling with an airline, you would know how stressful and frustrating it can be. More so, if the airline is reluctant to compensate you for your losses. In a recent scenario where a passenger lost their baggage containing valuables worth $1,000 while flying from London to Dubai with a UAE carrier, the airline refused to take responsibility for the compensation, leaving the passenger in a predicament. So, what are your rights as a passenger in such situations, and how can you recover the full amount of your lost valuables? Let’s delve deeper into the legal provisions that govern such circumstances and the steps you can take to seek compensation for your loss.
Under Article 353(2) of the Federal Decree-Law No. 50 of 2022 Issuing the Commercial Transactions Law, an airline departing from or arriving in the UAE is held responsible for the checked luggage of its passengers. This means that the airline has a duty to ensure the safety and security of the baggage entrusted to them by the passenger during the travel. So, if your baggage is lost or damaged during the flight, the airline may be obligated to compensate you for your losses under this provision.
Furthermore, Article 356(1) of the UAE Commercial Transactions Law holds the airline accountable for any damage or loss resulting from the destruction, loss, or damage of the checked luggage during air transport. This provision emphasizes the airline’s liability in ensuring the safe transportation of passengers’ belongings and the consequences if any mishap occurs during the journey.
In the case of damage or loss of luggage during transit or prior to delivery to the passenger, Article 359(2) of the UAE Commercial Transactions Law stipulates a compensation limit of up to Dh500 per kilogram of luggage. However, if the passenger declares the special importance of the luggage and pays an additional fee for its safe delivery, the carrier may be liable to pay the agreed amount as compensation, provided it does not exceed the actual value of the lost items.
If you find yourself in a situation where the airline is uncooperative or refuses to compensate you for the loss of your baggage, you have the legal right to file a claim against the airline. According to Article 368 of the UAE Commercial Transactions Law, you can initiate legal action in the courts that have jurisdiction over the airline’s domicile, head office, or the contractual terms mentioned in your travel ticket. This provision gives you the flexibility to choose the appropriate legal venue to seek redress for your losses.
Before proceeding with legal action, it is essential to review the terms and conditions related to lost baggage in your air ticket. If the airline fails to address your complaint adequately, you can escalate the matter to the Dubai Civil Aviation Authority for further assistance. In case of continued non-compliance by the airline, you may consider filing a claim in the Dubai Court against the airline to seek compensation for your losses.
In conclusion, as a passenger, it is crucial to be aware of your rights in situations where your baggage is lost or damaged during air travel. Understanding the legal provisions that govern airlines’ liability in such circumstances can help you navigate the process of seeking compensation for your losses effectively. By following the prescribed steps and seeking the necessary legal guidance, you can increase your chances of recovering the full amount of your lost valuables from the airline responsible for the mishap.
