Airline baggage damage claim. How to write a claim against an airline for flight delays, delayed baggage and payment of additional customs duties for transporting unaccompanied baggage. Compensation for lost luggage

Lost luggage at airports is a fairly common problem. In addition to causing a number of problems for passengers, it also reduces the popularity rating of airlines. In this article we will tell you how compensation for lost luggage at the airport is calculated in 2020, and we will provide a sample claim.

Despite modern methods used in servicing, checking in and transporting luggage, loss remains a pressing problem. The fact is that people work with luggage, and as we know, they tend to make mistakes. In some cases, the luggage is found safely, but passengers receive it after some time, for which the airline has to pay.

Reasons for losing luggage at the airport

The main reason for lost luggage may be the usual loss of the tag that is attached to it when checking in for a flight. If this happens during transportation, the luggage will remain at the departure airport and finding it will not be difficult. And if a suitcase is mistakenly checked for another flight, it may be sent to another country and it will be very difficult to find it;
The reason for the loss of luggage may also be a mistake by a company employee, in particular a loader; he may simply confuse flights;
The passenger himself can lose his luggage, for example, leaving hand luggage in the waiting room. But you need to deal with the loss in a general manner.

Compensation for lost luggage

First, you need to understand that the airline is not obliged to compensate for the full cost of luggage. International legislation provides for compensation in the amount of 20 dollars per 1 kg of weight, and the contents of the luggage do not matter. A baggage pass is attached to the air ticket purchased by the passenger, which indicates the weight of the baggage. The passenger can receive compensation for this weight. If a situation occurs in which the luggage was not weighed, the average value of 35 kg is accepted for calculation.

Passengers, of course, are very often dissatisfied with the amount of payments and contact the airline's head office. And there are cases when they manage to achieve payments of up to $5,000. If you find yourself in such a situation in an unfamiliar country, you can immediately go to the head office of the airline that provided transportation.

What to expect if your luggage is lost

Compensation for lost luggage:

for loss of luggage with declared value - in the amount of declared value;
for loss of luggage without declared value - in the amount of the cost of luggage, but not more than 600 rubles, per 1 km domestic flight. The cost of lost luggage or a specific item must be determined based on the cost specified in the contract for its purchase. If there are no such documents, you can get a certificate about the average cost of this item;
for things that were with the passenger - in the amount of the cost of the things, and if the cost cannot be determined, no more than 11 thousand rubles;
for damage or loss of special mobile devices for disabled people, compensation is equal to the cost of the wheelchair;
in case of loss of luggage without declared value on international flight For different countries is different. For example, the Warsaw Convention established compensation in the amount of 150 francs per 1 kg of luggage. IN International Association air transport a payment of $20 per 1 kg of weight is provided.

The compensation calculation looks like this:

$20 x dollar exchange rate in rubles x luggage weight in kg
The dollar exchange rate is taken based on the exchange rate of the Central Bank of the Russian Federation on the day when the court makes its decision. In this case, the claim must indicate that you require compensation at the rate of the Central Bank of the Russian Federation on the day of payment.

Penalty for late delivery of baggage, that is, the baggage was delivered to you, but late. In this case, the airline faces a fine of 25% of the minimum wage in the Russian Federation. The calculation looks like this: 25% x minimum wage x number of hours overdue
The fine for late delivery of a passenger's luggage, if the flight is delayed, is considered the same as the previous one. The airline can be saved from paying such a fine by the fact that the delay was caused by force majeure circumstances (natural disasters, etc.), when eliminating aircraft malfunctions that could harm the life and health of passengers, or other circumstances that are directly from the airline do not depend.
Compensation for damages. If, for example, while waiting for your luggage to be found at the airport, you miss another flight or train, you have the right to request a refund for the cost of those tickets.
Compensation for moral damage. Practice shows that it is very difficult to obtain a large amount for moral damage in this case. To do this, you need to prove that the loss of luggage caused, for example, harm to health, but this will need to be documented. Usually in such cases the standard compensation is 1-2 thousand rubles.
Fine in accordance with the Law “On Protection of Consumer Rights”. This fine is imposed on the airline only by the court and only if the airline refused to satisfy the claim voluntarily. If the contract with the airline specifies a larger amount than that required by law, you can demand it.

Actions in case of lost luggage

When you become aware that your luggage is definitely lost. First, you need to file a lost luggage report. This can be done at the airport itself; each of them has a counter and a “Lost and Found” point. What should be indicated in the act:

your contact phone number;
the home address to which the luggage will need to be delivered, if you are on vacation, indicate the hotel address, as well as the period you plan to spend there;
describe your suitcase in detail, in every detail.

The loss report must be signed by the shift supervisor, the carrier’s representative, and the passenger himself.

It is important that you receive a statement indicating that the airline has received a copy. The act is drawn up in two copies, one of which is handed over to the carrier. By the way, drawing up a report is not necessary and its absence does not deprive the passenger of the right to sue. But it is advisable to do it anyway in order to record the fact of loss and begin counting the time from which the company is obliged to either find your luggage or compensate for its loss.

Secondly, you will have to wait, since 21 days are allotted for the search. As soon as the luggage is found, the carrier's representatives will notify you and specify when it can be delivered to you. Thirdly, if the luggage is never found, you have every right to demand compensation by going to court. The rules of the Air Code of the Russian Federation determine that the application must be made for the airline itself.

Fourthly, in addition to compensation for lost luggage, the passenger has the right to demand compensation for moral damages from the airline, as well as a fine in the amount of 50% of the amount awarded by the court for refusal to pay voluntarily. In this case, the Law “On Protection of Consumer Rights” applies to airlines and the violation is considered to be an improperly executed contract of carriage. And it is not the fact of moral harm that needs to be proven, but the violation of rights as a consumer. In this case, you can count on an amount from 5 to 15 thousand rubles.

Plus, if the case is won, the airline pays legal costs, such as the costs of a lawyer or representative, as well as notary fees.

If for some reason you are not satisfied with the amount that the airline paid you, you can also go to court. But for this, you need not sign any documents, otherwise you will confirm that you have no claims against the company. You must also go to court with a claim for consumer protection. A statement of claim is filed at the place of residence of the passage and if the value of the claim is less than 50 thousand rubles. - to the magistrate, and if more than this amount - then to the city or district court.

In what cases can compensation for lost luggage be denied:

If supporting documents are lost. We have already said that you must keep all the receipts that you are given when checking in your luggage. The fact is that you just need to prove that you checked in your luggage, that is, that you had it.
In addition to compensation at established rates, passengers often demand compensation for moral damage or damage to health. Proving that this really was very difficult and almost impossible without professional help, therefore, in addition to standard payments, you may be denied the rest.
If you are filing a claim with the airline, first find out why your luggage was lost. Perhaps ordinary negligence did not occur, but this happened as a result of force majeure circumstances or other situations beyond the control of the company. The airline can easily prove this, but your claim will be denied.

In conclusion, we can draw some conclusions so that this problem does not become relevant for you:

do not leave valuables in luggage;
if you are forced to transport valuables, you must return it with the declared value and pay an additional fee;
all receipts that were given to you when accepting your luggage must be kept until everyone is checked for safety;
It is better to remove all the tags that were on the suitcase before;
you can sign your contact information directly on the suitcase itself to make it easier to find;
choose a bright suitcase, a black suitcase is the most difficult, since, according to statistics, they try to choose exactly it.

Answers to common questions.

Question No. 1.“My suitcase was lost at the Moscow airport, I acted according to all the rules, immediately drew up a report and waited 21 days, but they refused to pay me, citing the fact that I did not enter into an agreement with them. What kind of agreement are we talking about?

Answer: You did everything correctly, apparently the airline means that the baggage was not assessed, but this is not a reason for refusal. You can safely go to court against such an airline. The act will be enough.

Question No. 2.“What value of luggage can I indicate during the assessment? Any or are there any restrictions?

When your baggage is assessed, you will be charged extra based on the amount you decide to enter. But we recommend that you indicate the maximum possible amount of reliability and the possibility of compensation in case of lost luggage.

Question No. 3.“I did not file a report about the loss of luggage and they are refusing to pay me compensation, is this legal?”

The airline must pay compensation even if a loss report has not been drawn up. However, when companies refuse to do this, your only option is to go to court. And in court you will be required to provide documents confirming the fact of loss. That's when you'll need the act. You can try to demand compensation without this act, but it is better to do it in a timely manner so that the airline does not have the opportunity to refuse.

The news about damaged luggage collected quite a lot of responses and questions on the topic, so I wanted to write a separate post about it. It turned out that not only we encountered this problem, but also many of our friends and acquaintances. And someone was interested in knowing what to do in such situations, because no one is immune from force majeure. Therefore, here is my little plan of action in case unscrupulous airport employees spoil your luggage.

1. Take a photo of your luggage on site

The first thing we did was record the fact of luggage damage directly in front of the conveyor belt and, naturally, in the airport building. It’s not a fact that this can be useful at all, but it can be very useful for further dissemination of information. Information weapons are an effective thing, so you should always use them. After all, we are talking about the reputation of a company, especially one as young as Pobeda.

2. Look for a baggage tracing service

Next, collect your thoughts and do not fly into rage, much less panic. I understand perfectly well that there may be valuable items in your luggage, which may well be spoiled along with your luggage. But losing self-control will not bring these things back. Therefore, gather your thoughts and immediately look for the baggage tracing service sign. This is where you need to go about the incident. Don’t even think about leaving the airport building, because then you simply won’t be able to prove that you received such luggage at the airport.

3. Making a claim

Baggage tracing service employees will ask you to fill out a special form that carries official name"Claim". In it you state the fact of what happened and indicate your data. For the procedure to take place at all, remember, you must have in your hands all the tags that you were given for your luggage, there must be itinerary receipt, baggage ticket and passport of the person in whose name the baggage is registered.

4. Weigh your luggage

Be sure to weigh your luggage. If you haven't been offered this, then demand it. This will help you determine if the weight stated upon boarding matches the weight of the suitcase or bag received. We personally lost 50 grams, most likely these were lost scraps of upholstery or something like that.

5. Assessing the damage

Be extremely vigilant when specifying the cost of luggage. An important point that helps both you and the air carrier company assess the extent of the damage. Here you indicate the age of the luggage. For each year of wear and tear on your luggage, 10% of the value of your bag or suitcase is deducted. We asked 10 thousand rubles for the suitcase itself and estimated its age at 1 year. These conditions apply to baggage that has not been pre-insured. Whoever insures it, you don’t have to worry at all. The procedure will be much simpler and faster, but the sequence of the first points is the same.

6. Content damage

Regarding the damage to things, the situation is like this. Uninsured baggage and items contained in it have a special status. And it doesn’t matter what they were carrying there: 10 kg of cotton wool or 10 kg of gold. Reimbursement will be based on the scheme of 600 rubles per 1 kg of luggage weight. We had a weight of 10,600, so through simple mathematical deductions we can conclude how much we are owed for the damaged contents of our luggage.

7. Moral damage

In addition, you have the opportunity to assess your moral damage. In our case, when we were hanging out at an empty airport in a deserted, remote place with a 10-month-old baby in a stroller who wants to eat and sleep, this point has a right to exist.

8. 7 days to contact the air carrier

After filing a claim against the airline, the baggage tracing service workers give you a piece of paper containing the identification number of your complaint. The claim itself remains at the airport. Then, within 7 days, you need to contact the airline about what happened and get an explanation from them. Fortunately, the matter was answered to us quickly and now the correspondence is quite active. We were asked to send by a valuable letter all the documents for the luggage and the fact of making a claim. At the end they added with the hope that what happened did not affect our attitude towards the company. How can I tell them that if they reimburse us for the cost of our luggage, then there’s no question, the matter will be hushed up. Otherwise, how can this story not influence our view of the airline?

The luggage was delivered late. What to do?

Solution:

Step 2. Drawing up a commercial act.

The report will need to describe the external features of the missing luggage: the number of bags, their shape, color, material, presence of handles and wheels, name tags, etc. You will also need to present a tear-off coupon for your baggage tag (usually it is glued to the ticket during check-in).

The act is drawn up in two copies, you keep one.

Step 3. Filing a claim for lost luggage.

Using the document preparation service on our website (see right field), you need to prepare a claim and state in it a demand for reimbursement of the cost of lost luggage and compensation for moral damage.

Deadlines for filing a claim:

when flying within the territory of the Russian Federation - within 6 months ();
for international - within 18 months from the date of arrival of the aircraft at the airport of destination, from the day when the aircraft was supposed to arrive, or from the date of termination of air transportation ().

The claim must be made in two copies.

One copy must be handed to the carrier, and on the other the addressee must make a note including the date of receipt, the position of the person receiving the claim and his signature on receipt.

Example: " The claim was received on September 5, 2013. Senior manager Ivanov.I.I. Signature.»

Take the marked copy for yourself and keep it until the situation is resolved.

If the carrier refuses to accept the claim, then send it by registered mail with a list of the contents and acknowledgment of delivery.

Alternatively, you can file a claim with any carrier employee in the presence of two witnesses. Then, on the second copy, it is necessary to make a record that the claim was handed over at that time in the presence of witnesses with their signatures and passport details. It should be borne in mind that these witnesses may subsequently be summoned to court to confirm the fact of the transfer of the claim.

Example of a claim entry: “ The claim was submitted on 09/05/2013. in the presence of witnesses, but the carrier refused to receive the claim. Witnesses: 1. Full name. passport details, signature; 2. Full name passport details, signature».

The carrier is obliged to within thirty days from the date of receipt of the claim, consider it and notify you in writing of the satisfaction or rejection of the claim ().

Important! The limitation period begins on the next day after you receive a response to the refusal or partial satisfaction of the claim, and if such a response is not received, forty-five days after receipt of the claim, unless otherwise provided by the contract for the carriage of goods by air or the contract for the carriage of mail by air () .

Options for your further actions:

Option 1- in the period between steps 1 - 3, the luggage was found and returned.

In this case, you need to take steps No. 4 and 5.

Option 2- the luggage was never found.

In this case, using our website you need to create a new situation in which you indicate that the luggage was lost. Chain of answers to system questions: hand luggage and luggage - the luggage is lost.

Step 4. Submitting a claim for payment of a fine for late delivery of baggage.

Using the document preparation service on our website (see right field), you need to prepare a claim and state in it a demand for payment of a fine for late delivery of baggage and compensation for moral damage. Or you can download a sample claim for payment of a fine for late delivery of baggage and fill it out yourself.

The procedure for serving a claim is similar to the procedure described above.

Step 5. Submitting a statement of claim to collect a fine for late delivery of baggage.

If the carrier refuses to satisfy the claim, you need to prepare and submit a statement of claim to collect a fine for late delivery of baggage and compensation for moral damage. The preparation of the statement of claim is carried out using the document preparation service of our website (see right margin). Or you can download a sample statement of claim for the collection of a fine for late delivery of baggage and fill it out yourself.

5.1. Determination of the court in which we will file the claim.

The determination of jurisdiction in this case will depend on the type of air transportation: international or only on the territory of Russia.

If the flight was planned only in Russia:

In this case, the Law on the Protection of Consumer Rights in this category of cases provides a choice, and you have the right to use it. In accordance with paragraph 2 of Art. 17 of the Law on Protection of Consumer Rights, paragraph 7 of Art. 29 of the Civil Procedure Code of the Russian Federation, a statement of claim can be filed in court:

at your place of residence or stay, or
at the place of conclusion or execution of the air carriage contract, or
at the location of the organization (its branch or representative office), or

The most convenient thing, of course, is the opportunity to file a claim at your place of residence. And this is doubly convenient if the ticket was purchased in the wrong locality, in which you live.

The courts do not have the right to return the statement of claim with reference to clause 2, part 1, art. 135 of the Civil Procedure Code of the Russian Federation (non-jurisdiction of the case to this court), since by virtue of Parts 7, 10 of Art. 29 of the Civil Procedure Code of the Russian Federation, the choice between several courts that have jurisdiction over the case belongs to the plaintiff, that is, to you.

As for determining the jurisdiction of the court depending on the price of the claim and the requirements presented (in the magistrate’s or district court), when preparing the statement of claim, the system will determine it independently.

For international air transport:

In accordance with Art. 2 of the Law on the Protection of Consumer Rights, if an international treaty of the Russian Federation establishes other rules on the protection of consumer rights than those provided for by the Law, the rules of the international treaty apply. This condition also corresponds to paragraph 4 of Art. 15 of the Constitution of the Russian Federation.

International air transport is carried out in accordance with the amendments made by the Hague Protocol on Amendments to the Convention dated 09.28.1955. The Warsaw Convention was ratified by the USSR, the successor of which is Russian Federation, and came into force on 07/07/1934.

5.2. Preparation of a statement of claim.

Slowly, carefully and clearly answer all the questions that will be asked by the system when preparing the statement of claim. After all the necessary information has been received, the system will generate a statement of claim in Word format, which you will only have to save on your computer. The completed statement of claim will also always be available in your personal account when following a link to the current situation.

5.3. Printout of the statement of claim.

Print out three copies of the prepared statement of claim: for the court, for the defendant, and keep one copy for yourself.

5.4. Formation of attachments to the application

Prepare the following package of documents for the court:

1. Statement of claim - 2 copies.

2. Original and photocopy of the claim for loss of luggage and compensation for moral damage (if submitted).

3. Original and photocopy of the commercial report on the loss of luggage (if drawn up).

4. Original and photocopy of the passenger ticket (boarding pass).

5. Original and photocopy of the luggage receipt (tag).

6. Original and photocopy of the claim for payment of a fine for delay in baggage delivery and compensation for moral damage.

7. Calculation of the amount of claims with supporting documents (originals and photocopies).

For yourself, keep one copy of the statement of claim and photocopies of all documents attached to it.

Note! In accordance with paragraph 3 of Art. 17 of the Law on Protection of Consumer Rights and paragraphs. 4 paragraphs 2 art. 333.36 of the Tax Code of the Russian Federation, the statement of claim submitted by you is not subject to payment of state duty.

Send two copies of the statement of claim with all attachments to the court by registered mail with a list of the contents and acknowledgment of receipt. The court address will be indicated in the completed statement of claim.

You can also file a claim through the court's reception desk. In this case, ask the court employee who will accept the claim to put the date of receipt, your last name, first name, patronymic, position and signature on your copy of the statement of claim.

5.6. Acceptance of the claim for production

In accordance with Art. 133 of the Civil Procedure Code of the Russian Federation, the judge, within five days from the date of receipt of the statement of claim by the court, is obliged to consider the issue of its acceptance for court proceedings. All you have to do is wait for the court's decision to accept the statement of claim for proceedings and the summons, which will indicate the date of consideration of the case.

Note! Clause 3 of Article 30 of the Code of Civil Procedure of the Russian Federation establishes that claims against carriers arising from contracts of carriage are brought to court according to carrier's location, to which a claim was made in accordance with the established procedure. However, according to “On the consideration by courts of civil cases in disputes regarding the protection of consumer rights,” this rule is not applicable to our claim, since the exclusive jurisdiction of filing a claim at the location of the carrier applies only to claims arising from transportation cargo. But this is no longer our case.

If the court nevertheless returns the statement of claim with reference to clause 3 of Art. 30 of the Code of Civil Procedure, feel free to file a private complaint against this court ruling. To do this, you need to create a new situation and indicate that you plan to appeal the court’s ruling. The chain of answers for the formation of this situation: for air passengers - stages of judicial consideration of the case - appealing the rulings of the court of first instance.

Legal nuances that you need to be prepared for and that will be taken into account by the system when preparing a claim and statement of claim:

1. The provisions of paragraph 5 of Art. are not applicable to our situation. 28 of the Law on the Protection of Consumer Rights, which establishes a 3% penalty (penalty) for each hour of violation of the terms of provision of services.

“The legal relationship between the parties arises from the air carriage agreement, which has special regulation. Legislation on the protection of consumer rights is general in comparison with the Air Code of the Russian Federation and is applied in cases that are not regulated by it. Since it provides for additional liability of the air carrier for delay in delivery of baggage in the form of a penalty (fine), to determine the amount of penalties (penalty, fine) in this case, it is the specified special norms that should be applied, and not the provisions of Art. 28 of the Law of the Russian Federation “On the Protection of Consumer Rights” (Appeal ruling of the Moscow City Court dated February 28, 2013 in case No. 11-6765).

2. The provisions of paragraph 6 of Art. also do not apply to our situation. 15 of the Law on the Protection of Consumer Rights, according to which, when satisfying the consumer’s requirements established by law, the court collects from the executor for failure to voluntarily satisfy the consumer’s requirements a fine in the amount of fifty percent of the amount awarded by the court in favor of the consumer.

In this case, judicial practice is based on the following.

I believe that the carrier should have taken all measures to prevent the loss of luggage, to find it, and also to independently notify me of the fact of its location and deliver it without charging an additional fee to the point I specified. All this follows from the requirements of the law, which were ignored by the carrier. Moreover, according to Art. 28 of the Law “On Protection of Consumer Rights”, if the contractor violated the terms for the provision of the service - the start and (or) completion dates for the provision of the service and (or) intermediate terms for the provision of the service, the consumer has the right to demand full compensation for losses caused to him in connection with the violation of the terms for the provision of the service. Losses are compensated within the time limits established to satisfy the relevant consumer requirements. According to Art.

The airline lost my luggage, what should I do?

Moscow representative office From Address: tel. Claim Mr. I, along with my wife, flew from (via) a flight (to) an airline. We made this flight to get to our vacation spot ( ski resort). We had things with us that were checked in as luggage.

Attention

Including a bag with sports equipment and personal belongings. This bag was not included. Airline representatives did not provide any assistance.

Lost baggage claim

Lost luggage at airports is a fairly common problem. In addition to causing a number of problems for passengers, it also reduces the popularity rating of airlines.
In this article we will tell you how compensation for lost luggage at the airport is calculated in 2018 and provide a sample claim. Despite modern methods used in servicing, checking in and transporting luggage, loss remains a pressing problem.
The fact is that people work with luggage, and as we know, they tend to make mistakes. In some cases, the luggage is found safely, but passengers receive it after some time, for which the airline has to pay.

Reasons for losing luggage at the airport

The main reason for lost luggage may be the usual loss of the tag that is attached to it when checking in for a flight.

Procedure for filing a claim

The act is drawn up in two copies, one of which is handed over to the carrier. By the way, drawing up a report is not necessary and its absence does not deprive the passenger of the right to sue.

Info

But it is advisable to do it anyway in order to record the fact of loss and begin counting the time from which the company is obliged to either find your luggage or compensate for its loss. Secondly, you will have to wait, since 21 days are allotted for the search.

As soon as the luggage is found, the carrier's representatives will notify you and specify when it can be delivered to you. Thirdly, if the luggage is never found, you have every right to demand compensation by going to court.
The rules of the Air Code of the Russian Federation determine that the application must be made for the airline itself.

Get compensation and benefits

At the same time, I planned this trip since the city, for which I regularly postponed cash. However, our vacation was hopelessly ruined due to the fact that, due to missing luggage, I found myself without equipment, which for the reasons stated above was not possible for me to purchase. In addition, due to the lack of exactly the cosmetics that my wife uses (due to With her skin characteristics, she needs exactly these cosmetics) after returning she was forced to undergo a course of treatment. I estimate moral damages in rubles, since due to these violations, my wife and I had a spoiled vacation, which we had the right to count on by paying for the services of the carrier. In addition, I believe that the carrier should pay me the fine provided for in paragraph.
3 tbsp. 22 “Convention for the unification of certain rules of international air transport» concluded in

Lost baggage claim

Compensation for lost and delayed baggage is governed by the Warsaw Convention and the Hague Protocol, which take precedence over local laws regarding international transport. Compensation for completely lost luggage is calculated on the basis of 20 dollars per 1 kg of weight.

The total weight is determined by the baggage pass, which is usually attached to the airline ticket. If for some reason the suitcase was not weighed, then its weight is estimated at 35 kg.

Compensation is also paid for lost luggage carried in the cabin, but the prices are different - $400, regardless of weight. Damaged luggage is paid at the same rates. The airline's rules recommend that passengers carry documents, money, medicines, keys, fragile items, antiques and jewelry in hand luggage.
Almost all airlines warn in advance that they are not responsible for the loss of these items.

Airline claim for damaged baggage

The carrier ensures that the baggage is searched immediately upon presentation by the passenger of a statement of non-receipt of baggage. If checked baggage is found, the carrier ensures notification of the owner of the checked baggage and its delivery to the airport (point) specified by the passenger, and at the request of the passenger to the address specified by him without charging an additional fee. Also according to Art. 18 of the “Convention for the Unification of Certain Rules Relating to International Carriage by Air” concluded in
At the end of 2004, European air carriers lost an average of 13.9 pieces of luggage per 1 thousand passengers. About 85% lost luggage was found and delivered to passengers within 48 hours.

Least of all suitcases lost last year were Italian and Turkish airlines. Such giants as the Dutch airline KLM Royal are recognized as “leaders” Dutch Airlines and English British Airways. True, these airlines were not to blame for all losses.

The fact is that during transit flights, the problem of lost luggage is the responsibility of the last air carrier, regardless of who made the mistake. These companies have a lot of connecting flights with other air carriers, so they have to take on all the sins of their partners.

Actions in case of lost luggage

This list is also included in common system search, and in 99% of cases the luggage is found. And if it has not been found within three weeks, the luggage is considered lost or stolen.
Who's to blame The most common reason for lost luggage is trivial - the tag that is attached to the suitcase or bag when checking in for a flight at the airport has come off. If this happened during transportation or reloading from flight to flight and it is impossible to determine on which plane the suitcase should have been loaded and who its owner is, the baggage is transferred to the Lost & Found department.

It’s worse if the bag is lost during a flight with several stops or different airlines. In this case, a computer glitch in the registration system or loading system may be to blame, for example.

This complicates the search. It happens that the loader simply made a mistake. A completely hopeless case is if someone takes a fancy to your suitcase.

Airline claim for baggage delay

If your luggage is damaged:

air ticket (electronic ticket)
boarding pass
tear-off coupon
luggage tag
baggage damage report
photos of damaged luggage
a document confirming the cost of repairing the suitcase (cash or sales receipt, or a certificate from an authorized repair organization), or a document confirming the impossibility of making repairs if repairs are not possible
documentary evidence of the cost of the suitcase (a certificate or information letter about the cost of the closest items, or a sales receipt for the purchase)
full details of the passenger's bank account for transfer monetary compensation

See the form to fill out the details.

I believe in competition as the most important driving force for progress and improvement in the quality of services. In my opinion, in the field of air transportation in our country there is a problem with the level of service. This is what I encountered when returning from the New Year holidays.

On January 11, 2017, my family and I were on a flight from Guangzhou to Moscow. Upon arrival at Sheremetyevo airport, upon receiving my luggage, it turned out that my red suitcase was severely damaged - the handle was torn out, the top cover was dented. The second blue suitcase is also very dirty. I fly with Aeroflot all the time, but this is the first time I’ve encountered such a result from a trip.

All documents regarding this incident were completed on the spot with an Airline employee directly in the baggage claim area. Next, an Aeroflot employee told me that I needed to send a claim to the appropriate department of the company, which I did. Fortunately, I have special knowledge in drawing up this kind of documents. The claim was drawn up and sent with all attachments. Below is an example text:

Director of the Ground Transportation Support Department of Aeroflot PJSC

Phone: +79030199210

Ref. No. 1 dated January 12, 2017

CLAIM

I ask you to compensate me for material damages for damage to luggage (two suitcases) when traveling on January 11, 2017 on flight SU 221 on the route GUANGZHOU /CAN MOSCOW SHEREM/ SVO.

I estimate the cost of the damage caused at 6,117.50 (Six thousand one hundred seventeen) rubles 50 kopecks, 3,000 (Three thousand) rubles for each suitcase and 117.50 for booking (waiting) the Delimobile, as well as moral damages of 2,000 rubles. Total 8,117.5 rubles.

Year of luggage purchase: red suitcase – 2017; blue suitcase – 2016.

Our family: Grachev Nikolai Aleksandrovich, Gracheva Marina Vladimirovna (wife), Gracheva Veronika Nikolaevna (daughter, born in 2010), Gracheva Kristina Nikolaevna (daughter, born in 2011), flew to Moscow on flight SU 221 from Guangzhou a/ to Aeroflot. After receiving my luggage, I discovered that two suitcases were in disrepair.

The red suitcase (suitcase No. 1), registered as luggage for Kristina Nikolaevna Gracheva, had the handle for transportation torn out and the upper part of the suitcase was dented and severely damaged (3 photos are attached).

The blue suitcase (suitcase No. 2), decorated as luggage for Veronika Nikolaevna Gracheva, had visible traces of heavy soiling over the entire surface, especially near the handle in the upper part (photos of 2 pieces are attached).

All damage was recorded by an Aeroflot employee immediately after discovery, which is confirmedDamage report.

It is not possible to use suitcase No. 1, since the transport handle has been torn out. I purchased suitcase No. 1 in Guangzhou on January 10, 2017. The photo even shows that there is still a plastic bag on the handle, just like on a new thing. Converted to rubles, the purchase price for suitcase No. 1 was 3,000 (Three thousand) rubles.

Suitcase No. 2 is very dirty, which has led to the fact that I not only can’t use it, but I can’t even store it at home, it’s so dirty. Suitcase No. 2 I purchased it in the summer of 2016 for 3000 (Three thousand) rubles in Moscow.

I fly Aeroflot very often alone and with my family. My wife and I have a frequent flyer card. My number is 86225145.

Now I will have to buy two suitcases as I will need them for future trips.

Also, in the process of registering damages at the Aeroflot counter, I had a car idle that I was going to drive myself and take my family home from the airport. The Delimobil company wrote off money from me in the amount of 117.50 for the wait, which is also my losses in this case.

In accordance with Art. 15 of the Civil Code of the Russian Federation A person whose right has been violated may demand full compensation for the losses caused to him, unless the law or contract provides for compensation for losses in a smaller amount. Losses are understood as expenses that a person whose right has been violated has made or will have to make to restore the violated right, loss or damage to his property (real damage), as well as lost income that this person would have received under normal conditions of civil circulation, if his right was not violated (lost profits).

Our family also suffered moral suffering due to the work of the airline employees, which led to damage to our property and to waiting at the airport with young children after a long flight.

According to Art. 151 of the Civil Code of the Russian Federation If a citizen is caused moral harm (physical or moral suffering) by actions that violate his personal non-property rights or encroach on intangible benefits belonging to the citizen, as well as in other cases provided for by law, the court may impose on the violator the obligation of monetary compensation for this damage.

I estimate moral damage at 2000 rubles.

For this claim, I request you to transfer funds in the amount of 8,117.5 (Eight thousand one hundred seventeen) rubles 50 kopecks to the following details:

If my claim is not satisfied within 30 (Thirty) calendar days, I will be forced to go to court with a claim for damages in accordance with the Civil Code and the Law on the Protection of Consumer Rights.

Applications:

Photos of suitcase No. 1 (3 pcs.).

Photos of suitcase No. 2 (2 pcs.)

An online statement from Sberbank confirming payment for the Delimobil wait.

Bank details.

A copy of the marriage certificate.

A copy of the birth certificate of K.N. Gracheva.

A copy of the birth certificate of V.N. Gracheva.

Copy of Damage Report dated January 11, 2017.

Legal representative of Kristina Nikolaevna Gracheva and Veronika Nikolaevna Gracheva

In general, of course, I did not expect an unambiguous, quick positive response to my claim, since I believe that, after all, the Soviet traditions in our economy are still strong and my interests as a client are not paramount for this company. But the answer from Aeroflot exceeded all my expectations in terms of the originality of the answer.

What’s infuriating is that they are delaying the resolution of the issue and offer me to provide the documents that they have, which they issue themselves, and also offer to provide a receipt for the purchase of the suitcase, as if I were specially keeping them in anticipation that the carrier would break my luggage.

Below is my response to their response.

OKKA DNOP PJSC Aeroflot

141425, Khimki Moskovskaya district region, Mezhdunarodnoe shosse, 31

From Nikolai Alexandrovich Grachev, legal representative of the daughters of Gracheva Veronica Nikolaevna and Gracheva Kristina Nikolaevna

Address: 123242, Moscow, st. Krasnaya Presnya, 11, apt. 77

Phone: +79030199210

Ref. No. 2 dated February 11, 2017

ANSWER

In response to your letter dated January 31, 2017 No. 111.02.2-1223, I report the following:

Thank you for your prompt response to my complaint.

In your reply, you suggested that I provide the original luggage tags. I have them. I have attached color copies of them to the claim. I attached all the documents I had to my claim. Also, on January 11, 2017, all my documents were checked by your employee directly in the baggage claim area. I don’t understand what else you are missing and on what basis I should provide the originals of my documents. Why was I not informed about this on January 11, 2017? Based on what provision of law must I provide you with the originals of these documents? Or is this your arbitrary demand, which leads to a delay in the dispute resolution process? Or do you have doubts that it was me and my family who traveled on the flight of your airline on January 11, 2017? These are your documents. By law, I am not obliged to provide you with documents that you issued and that you have. In this regard, I refuse to send you luggage tags SU698630 and SU 698657, since I sent you copies of them and they were recorded by an Aeroflot employee on January 11, 2017.

You also wrote a request to provide you with DPR MOWSUDPR MOWSU30758. What it is? Why are you asking me for some strange document? I am a consumer of your services and do not have special knowledge in the field of air transportation and, according to the law on consumer protection, should not have it. What kind of red tape is there with the documents? You have all transportation documents.

You also offered to provide receipts for the purchase of suitcases to confirm their cost. It’s a pity that you don’t trust your regular customer who has a frequent flyer card. At the same time, I would like to note that when using the services of Aeroflot, I did not plan for my property to be damaged and did not stock up on receipts confirming the purchase of my property and do not plan to do so in the future. The price I stated is true and reasonable, including based on current prices for similar goods, and it is even lower than these prices. Of course, if necessary, I can initiate a commodity examination, which will allow us to establish the value of this property for you. However, the cost of such an examination will significantly exceed the value of this property. At the same time, I do not intend to carry out such unreasonable actions and create unnecessary losses for you and me, and I suggest that you independently determine the cost of the red suitcase, since you are recognized professionals in the field of transportation, and, I believe, you have your own system for assessing property. I hope that your assessment will not differ significantly from the amount I spent on purchasing the suitcase!

You offered me, among other things, to dry-clean the suitcase and send you a check. However, I still have no confidence that I will receive compensation for it, since you only offered to send a check to your address without an obligation to pay it. In this regard, I ask you to determine the cost of dry cleaning yourself and compensate it voluntarily.

I also ask for an additional compensation of 182 rubles 94 kopecks for sending the first claim (I have attached copies of receipts). I leave the demands for compensation for car downtime and compensation for moral damage unchanged, as they are indicated in the claim dated January 12, 2017 No. 1

To summarize what has been said, I would like to thank you, despite this incident, for the comfort and safety of the flights. I also ask you to pay full attention to my problem and not delay its solution. Otherwise, I will be forced to go to court to protect my rights.

WITH Best wishes, Nikolai Aleksandrovich Grachev.

Applications:

Aeroflot response dated January 31, 2017 (copy).

Boarding passes with baggage receipts 4 pcs. (copies).

Copy of Damage Report dated 01/11/2017

Postal receipt dated January 12, 2017 with a description of the contents (copy).

_____________________________/_____________________________.

I hope that the airline will not force me to go to court and write them repeated letters, since this incident has already tired me out.

Aeroflot's response was not long in coming! And the demands were met.

Citizens, do not forget about your rights and defend them!

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