vjongene
Contributor
Last August, I posted a report on our trip to Bikini Atoll, during which a bag containing most of our dive gear was lost between LAX and HNL. I have had a long-running argument with United about this, and the case was finally settled to our satisfaction. I just wanted to share a few things I learned:
1) The extent of liability of the airline depends on the endpoints of the trip. International flights are covered either by the Warsaw Convention or by the Montreal Convention, depending on the countries involved. Liability for US domestic flights is determined by precedent in US courts, and is currently $2500 per passenger.
2) The Warsaw Convention is still mentioned on most airline tickets, and on their Web sites, as defining the limits of their liability ($9.07 per lb of luggage). However, most countries in the world (including the US) have now signed and ratified the Montreal Protocol, and therefore the latter applies in most cases for international flights.
3) Under the Montreal Protocol, the limit of airline liability is 1000 "Special Drawing Units" per passenger (actually, 17 SDU per lb). The value of the SDU is determined by a "basket" of major currencies, and is currently about $1.5.
4) The problem of international flights involving a US domestic leg (as was the case for us) is IMHO not really resolved. The airlines claim that these are international flights, and therefore apply the lower liability limits. But in practice, since the luggage has to be walked through Customs at the first US airport and then checked in again, there is a very good case for considering the last leg as a domestic flight. I am not sure whether this has really been tested in court.
5) It is really important to have full documentation, including sales receipts, for all of the contents of your bag.
The most important points here are that the airlines will still try to compensate you for lost luggage under the Warsaw terms (a dollar was worth a lot more in the 1950's!) while they should abide by the Montreal Protocol, and that if you can successfully argue that your luggage was lost on a US domestic flight their liability is even higher.
If there are lawyers reading this, please correct possible mistakes.
1) The extent of liability of the airline depends on the endpoints of the trip. International flights are covered either by the Warsaw Convention or by the Montreal Convention, depending on the countries involved. Liability for US domestic flights is determined by precedent in US courts, and is currently $2500 per passenger.
2) The Warsaw Convention is still mentioned on most airline tickets, and on their Web sites, as defining the limits of their liability ($9.07 per lb of luggage). However, most countries in the world (including the US) have now signed and ratified the Montreal Protocol, and therefore the latter applies in most cases for international flights.
3) Under the Montreal Protocol, the limit of airline liability is 1000 "Special Drawing Units" per passenger (actually, 17 SDU per lb). The value of the SDU is determined by a "basket" of major currencies, and is currently about $1.5.
4) The problem of international flights involving a US domestic leg (as was the case for us) is IMHO not really resolved. The airlines claim that these are international flights, and therefore apply the lower liability limits. But in practice, since the luggage has to be walked through Customs at the first US airport and then checked in again, there is a very good case for considering the last leg as a domestic flight. I am not sure whether this has really been tested in court.
5) It is really important to have full documentation, including sales receipts, for all of the contents of your bag.
The most important points here are that the airlines will still try to compensate you for lost luggage under the Warsaw terms (a dollar was worth a lot more in the 1950's!) while they should abide by the Montreal Protocol, and that if you can successfully argue that your luggage was lost on a US domestic flight their liability is even higher.
If there are lawyers reading this, please correct possible mistakes.
