An unhappy scenario: You arrive at your holiday destination or return home after a flight – but the airline has lost your baggage or it is delayed.
a) Flights (excluding a package holiday)
According to the Montréal Convention, you are entitled to 1,131 Special Drawing Rights as compensation for the loss or delay of your baggage (a Special Drawing Right is an artificial currency introduced by the International Monetary Fund).
Translated, this equals approx. € 1,400.00. Of course, a requirement is that your baggage or your loss due to the delay reaches this value.
In our experience, it is difficult to state the exact contents of the baggage or to determine its value. Before going on a trip, make a list of the items you are packing, right down the approximate value and document with photographs. This makes it easier to assert a claim later.
b) Package holiday
If you have booked a package holiday, i.e. a travel package (mostly consisting of a flight, transfer, hotel and food) with a travel agent, you can claim for a guarantee pursuant to Sections 651 a et seqq of the German Civil Code (BGB), irrespective of the compensation under the Montréal Convention. The compensation claim must be reviewed on an individual basis. Case law allows between 10% and 50% of the daily price of the holiday as compensation.
TRAVEL LAW AND PASSENGER RIGHTS
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