Question: I flew from Dubai to South Asia last month with a local carrier. Despite sealing my bags before boarding, I discovered upon reaching home that several items, including shoes and shirts valued over Dh1,000, were missing. Who should I approach for compensation — the airline or the airport? Any advice on my rights in this matter would be helpful.
Answer: Airlines departing from or arriving in the UAE are responsible for passengers' checked-in luggage under Article 353(2) of Federal Decree Law No. 50 of 2022, which defines such luggage as items carried or entrusted to the carrier during travel.
According to Article 356(1) of the UAE Commercial Transactions Law, airlines are also liable for any damage or loss to checked-in luggage during air transport accidents.
If luggage is damaged or lost before delivery to the passenger, the airline's liability is limited to Dh500 per kilogram, as per Article 359(2) of the same law, unless a higher amount is agreed upon.
Passengers can file a civil claim against the airline for luggage loss or damage in courts with jurisdiction over the departure/arrival destinations, the airline's head office, or as specified in the travel contract (air ticket), under Article 368.
Review your air ticket for terms regarding luggage loss, then submit a complaint to the airline if needed. If issues persist, complaints can be escalated to the Dubai Civil Aviation Authority and potentially pursued in Dubai Court. Legal options also exist in courts with jurisdiction over the South Asian destination where the loss occurred.
News Source: Khaleej Times
