The loss report must include detailed basic characteristics of the lost luggage: color, size, wheels, material, and other individual features. Additionally, a copy of the passport and the baggage tag must be attached to the report.
Based on the report, a loss statement is drawn up, which includes the claim number, the owner's contact details, and a contact phone number for the baggage tracing service.
If the luggage is not found within 21 calendar days, it will be considered lost. After this period, a claim for compensation for the damage caused may be filed against the carrier.
The rules governing baggage transportation and compensation for its loss in the Russian Federation and abroad differ. For delivery to a destination within the Russian Federation, the Air Code of the Russian Federation applies.
Thus, according to Article 120 of this regulatory act: in case of delayed baggage delivery, the carrier must pay a fine equal to 25% of the minimum wage per hour of such delay, but not exceeding 50% of the carriage charge. In case of loss or damage, the carrier is liable for the declared value. That is, the full cost of the luggage will be compensated if, during its check-in, the owner together with a carrier's representative drew up a statement of the value of the items in the suitcase.
However, transporting luggage with a declared value will certainly cost more than transporting ordinary, unvalued items. In case of loss of cargo without a declared value, the carrier compensates no more than two minimum wages per 1 kg of luggage. Here, the minimum wage is set at 100 rubles. It is clear that compensation for a mink coat weighing several kilograms in the amount of 200 rubles will greatly disappoint its former owner. To avoid unnecessary worries and lengthy disputes with the carrier, the owner can insure the luggage against loss.
Compensation for lost cargo abroad is regulated by the Convention for the Unification of Certain Rules relating to International Carriage by Air (Warsaw, 12 October 1929), according to which compensation for each kilogram of lost luggage is approximately 20 dollars.
In addition, the owner of lost cargo has the right to claim compensation for moral harm caused by inadequate service.
For the fullest possible material compensation, to avoid a lengthy and costly court process, it is better to consult a lawyer to prepare a reasoned and justified pre-trial claim, from the content of which the air carrier will understand that the legal and judicial prospects of the claims are confirmed both by references to legal norms and by relevant documents.
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