Questions: I flew with a UAE carrier from London to Dubai last month. But the airline lost my baggage which contained around $1,000 valuables. And now it is refusing to compensate. Whenever I contact them, they do not give a concrete answer. Please tell me what my rights are and how I can recover the entire amount of my valuables.
Answer: An airline which has departed from UAE or has arrived in UAE may be responsible for the checked-in luggage of its passengers under Article 353(2) of the Federal Decree-Law No. 50 of 2022 Issuing the Commercial Transactions Law, which states, “The luggage referred to in Clause (1) hereof shall mean the objects that may be carried by the passenger in the aircraft or delivered to the carrier to be in its custody, during the travel.”
Furthermore, an airline may also be responsible for the damage or loss of checked-in luggage of its passengers. This is under Article 356 (1) of the UAE Commercial Transactions Law, which states, “The air carrier shall be responsible for the damage resulting from the destruction, loss or damage of the checked luggage and cargo if an accident occurs and results in damage during the air transport.”
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In the event of damage or loss of luggage of passengers during transit and thereafter prior to delivery of the luggage to a passenger, an airline may have to compensate up to Dh500 per kilogram of luggage. This is in accordance with Article 359(2) of the UAE Commercial Transactions Law, which states, ”In case of transport of luggage and cargo, the remedy shall not exceed Dh500 for each kilogram unless it is agreed on a higher amount. However, if the consignor sends a special statement upon delivering the luggage or cargo indicating the special importance imparted to the delivery thereof in good condition at the destination due to its value, and pays the additional fare requested by the carrier, the carrier shall pay the remedy in the amount specified by the consignor, unless the carrier proves that such value exceeds the real value of luggage and cargo.”
In addition, with regards to loss or damage of luggage of an airline passenger, a passenger may file a claim against the airline either (1) in the courts which has territorial jurisdiction over the arrival/departure destinations, (2) in the court under whose jurisdiction the head office of the airline is located or (3) in the court as mentioned in the travel contract (air ticket) between a passenger and an airline. This is in accordance with Article 368 of the UAE Commercial Transactions Law, which states, “The claimant shall have the option to file action before any of the following courts:
1. The court in which circuit the domicile of the carrier is located.
2. The court in which circuit the head office of the carrier’s activity is located
3. The court in which circuit the establishment or the facility that concludes a contract for him, is located.
4. The court of the destination.
Each term amends the rules of jurisdiction referred to shall be null and void if stipulated before the occurrence of damage.”
Based on the aforementioned provisions of law, you check your air ticket which may usually contain the terms and conditions related to loss of checked-in luggage. Thereafter, you may file a written complaint related to the loss of the baggage with the relevant airline. In the event of non-cooperation by the airline related to your complaint, you may consider filing a complaint with the Dubai Civil Aviation Authority and thereafter if required you may consider filing a claim case against the airline in the Dubai Court against the airline in Dubai.
Ashish Mehta is the founder and Managing Partner of Ashish Mehta & Associates. He is qualified to practise law in Dubai, the United Kingdom and India. Full details of his firm on: www.amalawyers.com. Readers may e-mail their questions to: [email protected] or send them to Legal View, Khaleej Times, PO Box 11243, Dubai.