Damage to animals or baggage in air transport: how to act and claim
Transporting animals and baggage by air can lead to incidents such as damage, loss or even more serious situations. Knowing passenger rights and claims procedures is key to dealing with these setbacks.
Baggage damage: passenger rights
One of the most common problems is damage or loss of luggage, which includes broken suitcases, damaged valuables, or the total loss of personal belongings. International regulations, mainly the Montreal Convention, state that airlines are liable for damage caused to baggage during transportation.
Passengers are entitled to claim compensation of up to 1,131 Special Drawing Rights (SDRs), or approximately €1,400, on international flights. This limit may be increased if a special value was declared when checking in the baggage.
To his right, it is necessary to report the damage or loss to the airline as soon as the baggage is received. Claims must be filed within the established time frames: 7 days for damages and 21 days for losses.
Damage to animals during transport
Transporting animals also involves risks, such as poor conditions in the hold, negligence in handling or accidents during transport. Airlines have an obligation to ensure the safety of the animals being transported, and any damage, loss or death of a pet may result in a claim.
The Montreal Convention regulates these cases, allowing passengers to claim compensation for veterinary expenses, the value of the animal in the event of death, or any other related damages. However, airlines may try to limit their liability, so those affected must present olid evidence to support their claim.
What to do in case of damage to animals or luggage
- Check the condition of goods or animals at the front desk: In the case of luggage, inspect suitcases before leaving the airport. With pets, check their physical condition immediately.
- Report the incident: Report the damage or loss to the airline at the airport’s customer service desk. Request an official claim form and a copy of the submitted report.
- Gather evidence: Document the incident with photos of the damage to the animal’s luggage, transportation equipment, or injuries. In the case of animals, a detailed veterinary report.
- Keep all documents: Keep tickets, baggage tags, pet transportation vouchers, and any other related evidence.
Available Compensation
- Baggage: Compensation may cover the repair of damaged baggage, the value of lost items, or the replacement of baggage.
- Pets: These include veterinary costs, the value of the animal or, in the case of gross negligence, additional compensation.
It is important to note that the airline may require proof of damage and declared value, particularly if the passenger has requested a higher limit of liability when checking in the baggage.
Damage prevention
While it is not always possible to avoid these incidents, there are preventative measures:
- Luggage: Use sturdy suitcases and avoid including valuables in checked baggage. Declare special value when registering them if necessary.
- Pets: Use appropriate transport equipment, check the airline’s terms of service, and make sure the animal is healthy before traveling.
Conclusion
Damage to animals or luggage is an unfortunate situation that can complicate a trip. It is essential to know the rights established in international regulations such as the Montreal Convention to effectively manage claims. Prevention and properly documenting the incident are key tools to ensure that airlines meet their obligations and that passengers get the compensation they deserve. At BCV Lex, our teams in Bordeaux and Madrid are at your service and operate throughout France and Spain to defend your interests. Don’t hesitate to contact us.
