Emirates damage claim reply with Montreal Convention 1999 excuse

score:5

Accepted answer

The Montreal convention (Article 18) states the following about damaged bags:

  1. The carrier is liable for damage sustained in the event of the destruction or loss of, or damage to, cargo upon condition only that the event which caused the damage so sustained took place during the carriage by air.

  2. However, the carrier is not liable if and to the extent it proves that the destruction, or loss of, or damage to, the cargo resulted from one or more of the following:

    • inherent defect, quality or vice of that cargo;
    • defective packing of that cargo performed by a person other than the carrier or its servants or agents;
    • [...]

I would suggest you to reply to the airline, that you would like to see proof of one of the above options.

I don't really get, what they want to say about Article 19 because it applies to delay.

This is the Montreal Convention from IATA

Upvote:2

I would have a look at Article 17(2) of the Montreal Convention, which deals with damage to baggage specifically. It basically says the airline is liable unless it can say that the baggage itself was faulty.

More post

Search Posts

Related post