Passengers Can Sue Airlines for Damaged Luggage, Crew Humiliation
By Mohammed Al Sadafy, Emirates 24|7 | May 06, 2012
Airlines are responsible for any damage to the passenger's luggage, provided that it has not been caused by the passenger himself, according to lawyers in UAE.
The passenger must submit a written complaint with a specific date to the airline within seven days from the date of the loss of luggage or within 21 days from the date of receipt of the luggage and discovery of its damaged contents, the lawyers said.
If the passenger does not get satisfactory settlement, he is entitled to file a lawsuit in court to claim damages.
Similarly, UAE law allows passengers to seek compensation if they are humiliated or insulted by a member of the air crew and also if a flight is cancelled or delayed without providing passengers with suitable accommodation and food.
But the passenger must prove that he has suffered as a result of delay or cancellation of a flight, like missing an examination or interview or appointment or the date of surgery in another country.
This came during Radio Noor Dubai's "Rouh Al Qanoon" (Spirit of the Law) programme presented by lawyer Essa bin Haider which discussed the airline passenger's rights.
Meanwhile, Kamran Al Salehi and Abdullah Al Khatib, professors of law at UAE University, called on passengers to know their rights written on the air ticket.
They asked passengers to inform the airline of any valuables in their luggage to enable the carrier to take precautions. If the passenger does not take precautions, compensation will not exceed US$660, they added.
The UAE is one of the 97 countries that have ratified the Montreal Convention that sets compensation of Dh150 for every kilo of the luggage.
Passengers can launch lawsuits against airlines in four places: country where the carrier is based, countries where it operates, destination of the flight and place where the ticket was booked. If the passenger has health problems, he can start the case in the country where he lives.
Meanwhile, lawyers called for federal legislation on the subject, unifying the laws of the seven emirates.