Lost baggage - which airline responsible?
Aug 17, 2017, 6:20 pm
#1
Original Poster
Join Date: Aug 2017
Posts: 1
Lost baggage - which airline responsible?
My girlfriend parents visited her on Mexico for Christmas holidays. They had a flight DUS-MAD-MEX-GDL under Iberia (DUS-MAD-MEX) and Interjet (MEX-GDL). Their luggage never made it to MEX, hence, we could not document to Interjet.
Iberia says Interjet should respond per being the last carrier while Interjet says Iberia is responsible since they never received the luggage.
Right now we are still so frustrated for the lost and the lack of support and clarity on regulations for this kind of issues, we haven't received any compensation, not even for the emergency expenses.
By doing some research we have some guesses but nothing has been useful so far:
- IATA airline members agreed: the very last airline (only) of the luggage-trip has to 'satisfy' you.
- The contract is generally with the initial carrier.
<http://www.flyertalk.com/forum/travelbuzz/286465-delayed-baggage-airline-responsible.html>
-The Montreal Convention Art.36-3 mentions:
3. As regards baggage or cargo, the passenger or
consignor will have a right of action against the first carrier,
and the passenger or consignee who is entitled to delivery
will have a right of action against the last carrier, and further,
each may take action against the carrier which performed
the carriage during which the destruction, loss, damage or
delay took place. These carriers will be jointly and severally
liable to the passenger or to the consignor or consignee.
<https://www.iata.org/policy/Documents/MC99_en.pdf>
This is confuse as I understand that both are responsible to the passenger but what if none of them wants to respond?
We have been complaining with both companies but none of them have made responsible since December.
Do you have any information can help us through this? I would greatly appreciate any help
Iberia says Interjet should respond per being the last carrier while Interjet says Iberia is responsible since they never received the luggage.
Right now we are still so frustrated for the lost and the lack of support and clarity on regulations for this kind of issues, we haven't received any compensation, not even for the emergency expenses.
By doing some research we have some guesses but nothing has been useful so far:
- IATA airline members agreed: the very last airline (only) of the luggage-trip has to 'satisfy' you.
- The contract is generally with the initial carrier.
<http://www.flyertalk.com/forum/travelbuzz/286465-delayed-baggage-airline-responsible.html>
-The Montreal Convention Art.36-3 mentions:
3. As regards baggage or cargo, the passenger or
consignor will have a right of action against the first carrier,
and the passenger or consignee who is entitled to delivery
will have a right of action against the last carrier, and further,
each may take action against the carrier which performed
the carriage during which the destruction, loss, damage or
delay took place. These carriers will be jointly and severally
liable to the passenger or to the consignor or consignee.
<https://www.iata.org/policy/Documents/MC99_en.pdf>
This is confuse as I understand that both are responsible to the passenger but what if none of them wants to respond?
We have been complaining with both companies but none of them have made responsible since December.
Do you have any information can help us through this? I would greatly appreciate any help
Aug 17, 2017, 7:21 pm
#2
Join Date: Dec 2009
Location: New York, NY
Programs: AA Gold. UA Silver, Marriott Gold, Hilton Diamond, Hyatt (Lifetime Diamond downgraded to Explorist)
Posts: 6,776
Ask IB to provide you records of the luggage transfer from DUS-MAD-MEX. If they can prove the bag made it onto the plane to MEX and into the hands of the operators then go after Interjet but hope that it didn't get off the plane and you get to deal with IB instead.