Adviser's answers
 

Mr. Dupont and his luggage

Mr. Dupont took a flight from Paris to Rome, stopping over at Marseilles. His first flight arrived in late, but fortunately Mr. Dupont managed to board on the next flight and get to Rome in time. However, his luggage did not follow him.

Apart from the night spent without his pajama and toothbrush, Mr. Dupont was obliged to attend an award ceremony wearing not his smoking but only the same jeans already worn the day before. Only before leaving Rome, his luggage had been finally delivered.

Once at home, Mr. Dupont lodged a complaint to the air company but he was told that he would be reimbursed only of the necessary expenses due to the flight delay.

Add insult to injury! I do not deserve a compensation because I bought nothing: the next time I will spend lots of money and buy all luggage context!

Solution of the case

EU law on transport air is clear: “the liability of the carrier in the case of destruction, loss, damage or delay is limited to 1,000 Special Drawing Rights for each passenger (about 1.100 €) unless the passenger has made, at the time when the checked baggage was handed over to the carrier, a special declaration of interest in delivery at destination and has paid a supplementary sum if the case so requires” (Montreal Convention, art. 22)

However, passenger must demonstrate the damage. In case of luggage loss the damage is implicit, but in case of delay consumer must show to the air carrier that he spent a certain amount for necessary expenses.

Advice: 

Keep carefully all the receipts of the expenses done because, according to the law, the air company is obliged to reimburse the consumer up to 1.100 €, but the receipts must be available. In case of non-material damages, it is convenient to talk with a lawyer about the possibility to take legal proceedings.
 

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