A traveler approached the Mediation following an incident on a flight operated by a French airline. He sought reimbursement of expenses incurred due to the late delivery of his baggage as well as their partial damage.
The case concerns a trip taken by a family of four with four checked suitcases, a stroller and an infant car seat. Upon arrival, no luggage was returned.
The suitcases were handed back the next day, while the stroller and the infant seat were not returned until forty-eight hours later. One of the suitcases was also reported as damaged.
While awaiting the return, the passengers had to purchase various essential items (child transport equipment, stroller, clothing, hygiene and feeding products), for a total of 1,233.57 euros. The airline acknowledged the delay and the late delivery, but contested covering the entire amount of expenses.
The case concerns a trip taken by a family of four with four checked suitcases, a stroller and an infant car seat. Upon arrival, no luggage was returned.
The suitcases were handed back the next day, while the stroller and the infant seat were not returned until forty-eight hours later. One of the suitcases was also reported as damaged.
While awaiting the return, the passengers had to purchase various essential items (child transport equipment, stroller, clothing, hygiene and feeding products), for a total of 1,233.57 euros. The airline acknowledged the delay and the late delivery, but contested covering the entire amount of expenses.
Ce que disent les textes :
To form its opinion, the Mediation relied on Article 17 of the Montreal Convention of May 28, 1999, which provides that the air carrier is liable for damages resulting from loss, delay or damage to checked baggage while in its custody.In the event of a delivery delay, the airline must therefore reimburse the passengers’ reasonable and necessary expenses.
By contrast, transport rules and case law acknowledge that only strictly necessary costs may be reimbursed; some purchases fall under personal choices or goods not essential to the waiting situation.
Ce que préconise la Médiation Tourisme et Voyage :
The Mediation also recalls that the airline’s general conditions advise against placing certain essential items in checked luggage, notably medications or items required for daily use. In this case, the costs related to infant hygiene and feeding products were therefore not retained.
However, purchases made necessary by the prolonged absence of the stroller and the infant seat, as well as clothing bought while awaiting the baggage, were considered reimbursable as first-necessity expenses.
Regarding the purportedly damaged suitcase, the claim was rejected due to a lack of sufficiently probative elements allowing to establish the extent of the damage and assess the amount, in accordance with Article 9 of the Civil Procedure Code which requires each party to prove their assertions.
In the end, the Mediation recommended a partial reimbursement of the incurred expenses, up to 1,112.12 euros, to settle the dispute amicably.
However, purchases made necessary by the prolonged absence of the stroller and the infant seat, as well as clothing bought while awaiting the baggage, were considered reimbursable as first-necessity expenses.
Regarding the purportedly damaged suitcase, the claim was rejected due to a lack of sufficiently probative elements allowing to establish the extent of the damage and assess the amount, in accordance with Article 9 of the Civil Procedure Code which requires each party to prove their assertions.
In the end, the Mediation recommended a partial reimbursement of the incurred expenses, up to 1,112.12 euros, to settle the dispute amicably.
Find all the practical cases of the Tourism and Travel Mediation by clicking HERE.
