Question: I traveled to Dubai from Europe last month with an international airline. Upon arrival, I was informed that my bag, which contained valuables worth Dh50,000, had been left behind at London airport. Despite several follow-ups, the airline continues to give the same excuse, claiming my bag will be delivered within a day or two. I am convinced the bag is lost. Am I entitled to claim the full Dh50,000 and seek compensation for the mental distress caused by this situation? What are my rights in this case?
Answer: If you checked in your luggage when traveling from Europe to Dubai last month, the airline is responsible for your checked-in baggage under UAE law. According to Article 353(2) of the Federal Decree Law No. 50 of 2022, which governs the Commercial Transactions Law, the airline holds custody of your baggage during transit.
In the case of loss or damage, the airline is liable for compensation. As per Article 356(1), the airline is responsible for any loss, destruction, or damage to your checked baggage during air transport. If your luggage is lost before being delivered to you, compensation can be up to Dh500 per kilogram, as stated in Article 359(2), unless a higher value was declared and additional fees paid for special handling.
If you believe your luggage has been lost, you can take the following steps:
- Review the terms and conditions on your air ticket, which should outline the process for handling lost baggage.
- File a formal complaint with the airline.
- If the airline’s response is unsatisfactory, you can escalate the matter to the Dubai Civil Aviation Authority.
Should the issue remain unresolved, you may file a civil claim in the Dubai Courts. As per Article 368 of the UAE Commercial Transactions Law, you can take legal action in the courts located at the destination, departure location, or where the airline's head office is based. This allows you to seek appropriate compensation for the loss of your baggage and any associated mental distress.
News Source: Khaleej Times
