The General Directorate of Consumer Affairs of the Government of Andalusia, dependent on the Ministry of Health, Presidency and Emergencies headed by Antonio Sanz, reminded users of air transport “the importance of knowing how to act in the event of an incident linked to … the baggage.
Thus, the regulations establish that in the event of loss, damage or delay in the delivery of baggage, “the responsibility lies with the airline with whom the flight was contracted, it is therefore essential to communicate the situation immediately.”
The General Directorate of Consumer Affairs thus underlined in a note that, “in the event of an anomaly, the first step still needs to be done inside the airportby going to the airline counters or ground handling services.
It is “essential” to complete the Baggage Irregularity Report (PIR), a document “essential to prove what happened.” The data subject must keep a copy, as it “will form the basis of any subsequent complaints”.
Once the PIR is completed, it is appropriate to “present the corresponding claim as soon as possible, without exhausting the time limits set by the Montreal Convention”.
In the event of damage to baggage, the claim must be made within a maximum of seven days from its collection. For cases of late delivery, the deadline is extended to 21 days from the moment the luggage is finally received.
The General Directorate of Consumer Affairs insists “not to delay this procedure in order to guarantee adequate protection of users’ rights”. If the baggage does not appear, it is recommended to initiate the claim “as soon as the 21 day period has expired in which the baggage has been delayed, or as soon as the airline formally communicates its loss.”
In all cases, it is “essential” to keep travel documents – tickets, boarding passes and the PIR itself – as well as supporting documents for expenses linked to the incident, which “must be included in the claim so that they can be reimbursed.
If the airline does not offer “an adequate solution”, the user can resort to legal action. The deadline for taking legal action is two years from the date of flight arrival or when the baggage should have been delivered.
On the other hand, it must be taken into account that “if the baggage is collected without objection At that time, it is assumed that it was delivered correctly and in good condition.
The Commission also emphasizes that, in situations of theft of objects in luggage, “it is essential to file a complaint with the state security forces and bodies”.
In the event of a disaster at airports, you must file a claim with the airline, if it is a train, with the transport company.
In the case of rail transport, “The carrier is responsible for the loss – total or partial – baggage and its damage, as well as in the event of late delivery.” The traveler concerned is entitled to compensation up to approximately 1,500 euros per user.
In the event of total or partial loss of checked baggage, the transport company must pay. Concretely, if the amount of damage is proven, compensation equal to said justified amount, without exceeding 80 units of account per kilogram of missing gross weight, or 1,200 units of account per package.
If the amount of damage or loss is not proven, compensation calculated at a flat rate of 20 units of account per kilogram of missing gross weight, or 300 units of account per package, will be paid.
There will be no right to compensation where baggage damage or delay is attributed. to the person traveling, or due to circumstances such as “lack or defect of packaging; particular nature of the baggage; baggage with objects excluded from carriage.
For “any doubts or questions” regarding consumption, citizens can contact “Consumo Responde”, a free information and advice service for consumers and users, promoted by the Department of Health, Presidency and Emergencies of the Government of Andalusia.
It is about a multi-channel service, accessible via the toll-free number 900 21 50 80 and the email “consumoresponde@juntadeandalucia.es”, both during office hours from 8:00 a.m. to 8:00 p.m. Monday to Friday and 8:00 a.m. to 3:00 p.m. Saturday – except public holidays.
Telephone service hours are Monday to Friday, 8:00 a.m. to 8:00 p.m.; and Saturday, from 8:00 a.m. to 3:00 p.m., excluding national and regional holidays. On December 24 and 31 -except Sunday-, telephone service opening hours are from 8:00 a.m. to 3:00 p.m.
Advice can also be received from the Provincial Consumer Services of the territorial delegations of Health, Presidency and Emergencies present in all provincial capitals, as well as from the Municipal Consumer Information Offices (OMIC) and from consumer and user organizations.
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