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Luggage lost, damaged or delayed on arrival? Onus is on the airline to compensate you

Luggage is an important part of one's travel. While airlines now see an opportunity in ensuring safe passage for the bags, customers are sufficiently covered by statutes and conventions that ensure their rights.

March 25, 2021 / 16:09 IST
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    A perfect flight can get ruined if your checked-in baggage arrives at the carousel, open, damaged or with valuables stolen. Ask actor Sonakshi Sinha or musicians like Amjad Ali Khan and Anoushka Shankar, who all have been at the receiving end. Recent episodes  shows such incidents continue to happen.

    In fact, passenger complaints regarding baggage have increased considerably in the last three months. From 6.1 percent in December last year and 12.6 percent in January, complaints about lost, delayed or damaged baggage and valuables made up for 15.7 percent of the total grievances in February, as per data from industry regulator DGCA.

    While one can argue that this is still lower than the 20 percent reported in February 2021, industry observers say the complaints are increasing as airlines add to their capacity, after the pandemic-led disruption.

    Airlines have been responding in varied ways. One is to discourage customers from checking-in their bags. DGCA's new notification states that passengers with no check-in luggage can buy tickets at lower prices for domestic flights. SpiceJet already has this.

    Spotting another opportunity, Vistara recently launched its Gate to Gate luggage delivery service where the customers can have their bags carried to and from the airport.

    "We have observed the need for this service among today's travellers who deeply value seamless and hassle-free experiences. It is easier to take a case into consideration to understand the rationale. A family of four going on a holiday carrying one piece of luggage each is otherwise forced to book two cabs to reach the airport with all the luggage, and then again to reach their final destination upon arrival," the airline spokesperson said in a response to Moneycontrol's query.

    But is it safe from pilferage?

    "It is a completely safe and secure service, whereby every piece of luggage is sanitized and packed in double-layered, tamper-proof packing materials covering baggage against the risk of pilferage. Every movement of the luggage is tracked and is, therefore, traceable. Luggage pick-ups and deliveries are entirely contact-less," the spokesperson added.

    This is not the first time in India that an airline has introduced such a scheme. Ram Shankar, Managing Partner, Caladrius Aero Consulting LLP, points out that AirAsia India also had a similar program to handle passenger luggage.

    In fact, CarterX, with whom Vistara launched the service, has similar initiatives with IndiGo and AirAsia India.

    "It was found that not all passengers had same travel conditions and differed in certain cases. For instance at departure, people who had an evening flight and planned to board after office, couldn't carry their luggage to their workplace. Or, the elderly couldn't  manage their luggage," said Shankar.

    Similarly at arrival, he adds, the scheme helped people who had to proceed to meetings and wanted the luggage to reach their home or hotel.

    The liability

    But what if the customer does want to carry her luggage, keeps some valuable in the checked-in bags but finds them stolen at the end of the journey?

     "The liability always lies with the airline," says Shankar. He points out that when a passenger pays the fare, he is entitled to two things: transportation of self and baggage.

    This is covered, both by statutes and international conventions. "In India, the Carriage by Air Act 1972 is the relevant statute which incorporates the conventions (Warsaw, Hague and Montreal Conventions) into local law," says Nitin Sarin,  Managing Partner of Sarin & Co, which specialises in aviation law.

    Shankar adds that the DGCA, through CAR Section 3, Series M, Part VI has provided the following baggage compensation:

    For international carriage:

    In case of loss, delay or damage to baggage, liability is limited to 1,131 SDR (special drawing rights)  per passenger.

    In case of delay or damage to cargo, is limited to 19 SDR per kg.

    SDR is maintained by the International Monetary Fund.

    During domestic carriage:

    In case of loss, delay or damage to baggage, liability is limited to INR 20,000 per passenger

    In case of delay or damage to cargo, is limited to INR 350 per kg

    So, if you do end up with a grievance, you have all the right for a compensation. What do you have to do?

    Approach the airline's help desk, lodge a complaint. Fill the Property Irregularity Report Form. Also remember, always keep the boarding pass, which has the luggage tags, safe and handy.

    But if the passenger is unhappy with the compensation, the onus is on her to prove the damage. He/she can approach consumer courts to do so. This, however, could take a while and is a reason why passengers many a time tend not to approach courts.

    That is why, passengers are often advised against packing valuables in their check-in bags. "While passengers can lock their suitcases, there have been cases where even the locks have been broken. As a standard practice, passengers are advised not to carry valuables in check-in. In fact, one may have noticed, at the counters where boarding pass is issued, the airline staff usually requests the passenger to remove valuables if any from the check-in and carry by hand baggage," says Shankar.

    The Vistara spokesperson reiterated that both, airports and airlines, are investing in upgrading infrastructure, "including the installation of modern baggage handling systems that helps in quick, safe and efficient movement of baggage. Airports and airlines are increasingly investing in the latest technologies and tracking mechanisms to prevent baggage loss and thefts."

    The best solution, however, is prevention, as Shankar noted above.

    Prince Mathews Thomas
    Prince Mathews Thomas heads the corporate bureau of Moneycontrol. He has been covering the business world for 16 years, having worked in The Hindu Business Line, Forbes India, Dow Jones Newswires, The Economic Times, Business Standard and The Week. A Chevening scholar, Prince has also authored The Consolidators, a book on second generation entrepreneurs.
    first published: Mar 24, 2021 02:46 pm

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