The client was travelling with K.L.M Royal Dutch Airlines on a return journey from Dublin to Austin, with a connecting flight through Amsterdam. During the Austin to Amsterdam connection, the client’s checked luggage went missing.
Upon arrival, the client attended the airline desk and was informed that K.L.M did not have possession or sight of the luggage but advised that it was expected to be located and returned within a few days. The client was provided with documentation containing details of the booking reference, flight information and relevant baggage information.
Following the loss of his luggage, the client attempted to contact K.L.M customer services through social media platforms, including Twitter. The client received delayed responses and attempted to contact multiple K.L.M accounts, however his enquiries were not properly addressed. The client also attempted to contact the airline by telephone but was unable to obtain assistance.
The client is seeking advice regarding his legal options to recover compensation for the loss of his luggage and any losses arising from the delay and failure by the airline to resolve the matter.
The main issue is whether K.L.M is liable for the loss of the client’s registered baggage during the course of international air carriage.
Counsel considered the application of the Carriage by Air Acts and the Montreal Convention 1999, which provide that an airline carrier may be liable for damage caused by the destruction, loss or damage of registered baggage where the incident occurred during the period in which the baggage was under the carrier’s control.
A further issue is whether the client has sufficient evidence to support a compensation claim, including evidence of the flight, baggage report, luggage identification details and the value of the contents lost.
The client will also need to establish the value of the items contained within the luggage and provide supporting evidence, such as receipts, proof of purchase, photographs or other documentation showing ownership and value.
The issue of whether the airline has failed to properly respond to the client’s enquiries was also considered. If K.L.M fails to engage with the claim, the client may consider escalating the matter through the appropriate aviation complaints process or issuing proceedings.
Counsel advised that the client may have a potential claim against K.L.M under the Montreal Convention 1999 for the loss of his checked baggage.
The client should first obtain and provide all relevant supporting evidence, including:
Boarding passes and flight details;
Baggage tags and identification numbers;
Any Property Irregularity Report (PIR) or confirmation of the missing luggage;
Correspondence with K.L.M;
Receipts for essential items purchased due to the loss or delay;
Evidence of the value of items contained within the luggage;
Photographs or other proof of ownership of lost items.
Counsel advised that the client should send a formal letter of claim to K.L.M confirming that compensation is being sought under the Montreal Convention. The letter should include details of the flight, circumstances surrounding the missing luggage, the losses suffered and the amount of compensation sought.
If K.L.M fails to respond or refuses to resolve the claim, the client may consider escalating the complaint through the Civil Aviation Authority or any applicable Alternative Dispute Resolution (ADR) scheme available through the airline.
Counsel advised that if the matter remains unresolved, the client may consider issuing proceedings through the Small Claims Court, provided this is economically proportionate in light of the value of the claim. Proceedings should be issued within the relevant limitation period.
Overall, Counsel advised that the client appears to have a potential claim for compensation arising from the loss of his luggage. The immediate next step is to gather supporting evidence and submit a formal claim to K.L.M under the Montreal Convention before considering further escalation.
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