It is not
uncommon to find passengers in the airplane come back to report missing
luggage and when it’s not recovered after a certain time, such luggage
is declared lost. In such event, it becomes the burden of the airline to
pay the passenger for the lost items, depending on the jurisdiction and
legal framework operating in the country.
Most a times, passengers disagree with
the value of benefit paid after the loss and in most cases they discover
that it was no fault of the airline but because they undervalued their
luggage to avoid paying for excess.
What is the value of your luggage? Do you
declare the real contents rather than just the weight? Have you stocked
key valuables in your bag and think it does not matter? Are you one of
those who play smart by not declaring? All of these have its bad sides.
Sunny Adeda, insurance experts said to
enable airline passengers get compensation on loss of baggage, they
should declare the contents of their bag at the point of checking in.
“Most foreigners usually declare, but here in Nigeria and most other
African countries they hardly declare and most a times lose important
values and get little compensation.
International passengers are advised to
read the section relating to advice to international passengers on
limitation of liability. A typical ticket will contain the following
notice: Passengers on a journey involving an ultimate destination or a
stop in a country other than the country of origin are advised that the
provisions of a treaty known as the Warsaw Convention may be applicable
to the entire journey including any portion entirely within the country
of origin or destination.
Liability for death of or personal injury to passengers is limited in most cases to proven damages not to
exceed US$75,000 (inclusive of legal fees) per passenger and that this
liability up to the limit shall not depend on negligence on the part of
the carrier. Passenger are advised to read the Notice of baggage
liability limitations on their tickets. A
typical section of the notice will be: Liability for loss, delay or
damage to baggage is limited unless a higher value is declared in
advance and additional charges are paid.
For most international travel (including
domestic portions of international journeys) the liability limit is
approximately US $20 per kilo for checked baggage and US $400 per
passenger for unchecked baggage.
For travels wholly between U.S. points
federal rules require any limit on an airlines baggage liability to be
at least US$ 1250 per passenger Excess valuation may not be included.
Some carriers assume no liability for fragile, valuable or perishable
articles.
Practical examples
A. A passenger who checked in two
baggage from London to Lagos and only one arrived destination. After a
thorough check and several visits to the carrier, the baggage could not
be traced and declared loss.
Action by Airline: Notification to insurers; Cargo Manifest; Compensation based on US$ 20 per kilo
B. A
lady checked in her jewelries, camera, laptop and cash and the baggage
was not found. What remedy would she have: Basically the above items are
standard exclusion and should be properly stated in the condition of
carriage. However, cover is provided under an All Risk Policy and all
items must be declared and the appropriate premium payable.
In case my baggage is damaged, what is
expected of the owner: Complain must be made immediately and in writing
to the carrier, provide evidence of your baggage tag and ticket;
Complete property irregularity report; Excess baggage receipt; Maximum
time to report is 7 days and in case of delay not to exceed 21 days from
the date baggage is delivered.
Passenger and Passenger baggage Legal
Liability Insurance is a type of cover effected by an air operator or
airline to protect itself against any sum or sums which they would be
liable to pay in respect of any accidental
bodily injury/Death/Loss of baggage to any person being a passenger and
holding a ticket. These liabilities applies when the person is entering
into, is being carried in or is alighting from the aircraft.
The insurer indemnifies the insured
against all sums he is legally liable to pay whether according to
international law or local legislation. Subject to a maximum limit of
liability agreed at inception of the policy.
To process claim, there should immediate
notification to the airline who in turn; will inform the insurance
company; Obtain the passenger manifest together with
the nationalities of the passengers; specimen air ticket; passenger
flight coupons; obtain statement of claim; names of injured passengers;
obtain medical report in case of bodily injury/Hospitals were they were
treated; copies of any correspondence with the next of kin or passenger
legal representative; death/burial certificate; name and addresses of
the next of kin and the
Limit of liability is governed by applicable local/ international laws or convention.
Passenger liability claims fall under two
main categories: Claims for death, injury, loss or damage to property
or delay arising out of carriage under a contract of carriage with a
commercial carrier; Claiming arising for death etc occurring on flights
where the passengers are guests in a private aircraft or there is no
contract of carriage.
Modestus Anaesoronye
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