It is not uncommon to find airplane passengers come back to report missing luggage
and when it’s not recovered after a certain time, such luggage is
declared lost. In such an event, it becomes the burden of the airline to
pay the passenger for the lost items, depending on the jurisdiction and
legal framework operating in that country.
Many a
time, passengers disagree with the value of benefit offered following
the loss, and in most cases they discover that it was no fault of the
airline to pay little amount as compensation, but because they
underestimated the value of their luggage.
What is the
value of your luggage? Do you declare the real contents rather than just
the weight? Have you stocked key valuables in your bag and think it
does not matter? Are you one of those who play smart by not declaring?
All of these have its bad sides.
Sunny Adeda,
insurance experts said to enable airline passengers get compensation on
loss of baggage, they should declare the contents of their bag at the
point of checking in. “Most foreigners usually declare, but here in
Nigeria and most other African countries people hardly declare and so
lose important valuables or get little compensation.
International
passengers are advised to read the section relating to advice to
international passengers on limitation of liability. A typical ticket
will contain the following notice: Passengers on a journey involving an
ultimate destination or a stop in a country other than the country of
origin are advised that the provisions of a treaty known as the Warsaw
Convention may be applicable to the entire journey including any portion
entirely within the country of origin or destination.
Liability for death of or personal injury to passengers is limited in most cases to proven damages not to
exceed US$75,000 (inclusive of legal fees) per passenger and that this
liability up to the limit shall not depend on negligence on the part of
the carrier. Passenger are advised to read the Notice of baggage
liability limitations on their tickets. A typical section of the notice
will be: Liability for loss, delay or damage to baggage is limited
unless a higher value is declared in advance and additional charges are
paid.
For most
international travel (including domestic portions of international
journeys) the liability limit is approximately US $20 per kilo for
checked baggage and US $400 per passenger for unchecked baggage.
For travels
wholly between U.S. points federal rules require any limit on an
airlines baggage liability to be at least US$ 1250 per passenger Excess
valuation may not be included. Some carriers assume no liability for
fragile, valuable or perishable articles.
Practical examples
A passenger
who checked in two baggage from London to Lagos and only one arrived
destination. After a thorough check and several visits to the carrier,
the baggage could not be traced and declared loss.
Action by Airline: Notification to insurers; Cargo Manifest; Compensation based on US$ 20 per kilo.
A lady checked in her jewelries, camera,
laptop and cash and the baggage was not found. What remedy would she
have: Basically the above items are standard exclusion and should be
properly stated in the condition of carriage. However, cover is provided
under an All Risk Policy and all items must be declared and the
appropriate premium payable.
In case my
baggage is damaged, what is expected of the owner: Complaints must be
made immediately and in writing to the carrier; provide evidence of your
baggage tag and ticket; Complete property irregularity report; Excess
baggage receipt; Maximum time to report is seven days and in case of
delay not to exceed 21 days from the date baggage is delivered.
Passenger
and Passenger baggage Legal Liability Insurance is a type of cover
effected by an air operator or airline to protect itself against any sum
or sums which they would be liable to pay in respect of any accidental
bodily injury/Death/Loss of baggage to any person being a passenger and
holding a ticket. These liabilities applies when the person is entering
into, is being carried in or is alighting from the aircraft.
The insurer
indemnifies the insured against all sums he is legally liable to pay
whether according to international law or local legislation. Subject to a
maximum limit of liability agreed at inception of the policy.
To process
claim, there should immediate notification to the airline who in turn;
will inform the insurance company; Obtain the passenger manifest
together with the
nationalities of the passengers; specimen air ticket; passenger flight
coupons; obtain statement of claim; names of injured passengers; obtain
medical report in case of bodily injury/Hospitals were they were
treated; copies of any correspondence with the next of kin or passenger
legal representative; death/burial certificate; name and addresses of
the next of kin and the Limit of liability is governed by applicable
local/ international laws or convention.
Passenger
liability claims fall under two main categories: Claims for death,
injury, loss or damage to property or delay arising out of carriage
under a contract of carriage with a commercial carrier; Claiming arising
for death etc occurring on flights where the passengers are guests in a
private aircraft or there is no contract of carriage.
By Modestus Anaesoronye
