Airlines and Lost Luggage/Baggage

Aviation Law: Airlines and lost luggage/baggage
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Abstract
This paper looks into the obligations and liabilities of carriers towards handling passengers’ luggage based on the cases, Njideka E. Muoneke v. Compagnie Nationale Air France (2009) and Bassam v. American Airlines. Even though, passengers may receive monetary compensation the cases highlight that the circumstances influence rulings. This is especially when focusing on the provisions of the Montreal Convention applicable when dealing with diverse matters concerning the airline industry at the internal stage. There are liability limits imposed by the Montreal Convention when dealing with loss or damage of luggage, but it is less clear when awarding recovery of costs incurred or fees as held in Njideka E. Muoneke v. Compagnie Nationale Air France.
Introduction
Typically, passengers prefer a single plane service because it is more convenient and reduces the chance of lost luggage. Nonetheless, there is still risk that baggage may get lost, and there is a need to consider the circumstances under which this occurs. Air travel has become cheaper over time, and the ease with which passengers reach their destination with no traffic obstruction has made the mode of transportation popular. In cases where the luggage gets lost it is necessary to lodge a claim at the claims counter and provide documentary evidence given that airlines have policies to deal with such claims. Now more than ever before, there is increased uptake of lost luggage insurance, and passengers are more likely to lodge claims for compensation (Michaels, 2009). Even though, the luggage may not have been lost completely the delays resulting from these delays mean that times the airlines employees are negligent.
Compensation
One of the challenges in dealing with lost baggage is that there may be diverse regulations from state to state and countries. Clearance rules stipulate that airlines need to reimburse the passengers when items are lost completely. There are no fixed limits to the payments in international flights for domestic flights the Department of Transport have set a limit of $ 3,300 (Anolik, 2013). At the same time, the airlines typically use the depreciated value rather than the replacement cost of the baggage (Consumer Reports, 2011). In any case, the cases of lost luggage appear because there is mishandling during the transfer of luggage or at times the contents are not even loaded at all (Anolik, 2013).
The regulation of liability in the aviation industry for the ‘international carriage of persons and luggage’ was first governed by the 1929 Warsaw Convention (Weiner, 2009). However, the 1999 Montreal Convention supersedes the regulations of the Warsaw Convention placing greater responsibility and liability to air carriers in cases where there are accidents when passengers are embarking and disembarking from travel and during international trade (Weiner, 2009). Both conventions are applicable in diverse areas of aviation law to determine whether specific matters are preempted by rules of the Conventions.
Obligations of airlines
In most cases, when there are violations of the rights of passengers, federal status, international treaties and other regulations govern the rules and regulations of the aviation industry. The Department of Transports initiative ‘Enhancing Air Passenger Protections’ has been proposed for to implement rules that better safeguard passengers (Anolik, 2013). Airlines try to limit liability for the loss of luggage, especially for the common items. Carriers rely on the Contract of Carriage, which is an agreement that spells out the relationship between the air carriers and their passengers. However, to further protect the consumers the DOT reviewed the exclusions and limitations in the agreement as they did not adequately the consumers rights (Anolik, 2013).
The DOT further highlighted that a fine of $ 27,500 would be imposed in cases where the airlines failed to pay legitimate claims. Another option is for the DOT to place airlines under probation with the hope that they would undertake corrective measures to further protect consumers’ valuables. Nonetheless, the DOT is limited when dealing with international flights as the Montreal Convention is relied upon to deal with dispute issues on luggage especially for international flights, while the European Union has fully integrated the Convention into its laws (Anolik, 2013). There are differences in the linguistic interpretation among states on what constitutes luggage, and in the U.S the definition extends to goods and live animals (McKay, 2002).
Typically, excess valuation is not declared when luggage is delayed lost or damaged, and there are baggage liability restrictions. The damage or loss could be related to the delay of cargo and passengers. As such, for the airlines to be held accountable for maximum liability there is a need to prove that there was loss of value or damage to the goods. At other times, the delay could simply be as a result of actions of other agencies, and it is not automatic that the airlines would be held accountable. In any case, the passengers need to properly package their luggage to avoid any inconvenience in case of a delay or loss of luggage. The Montreal Convention provides a guideline of international standards with regards to liability limits for the contractual and actual carriers.
Statistics
In May 2015, there were 165,736 reported cases of baggage reports for the 13 biggest U.S airlines compared with 165,853 cases in May 2014 (Department of Transportation 2015). This includes the lost damaged, delayed as well as pilfered luggage (Department of Transportation 2015). The DOT gives provides information on a monthly basis, but there is no distinction between interline carriers and the other airlines (Department of Transportation 2015). Even though, the rate of mishandled luggage reduced from 3.22 per 1,000 passengers compared to 3.09 per 1,000 in May 2014 and May 2014 respectively, there is need for bette...