If you recently flew from London to Dubai with a UAE carrier and your baggage containing valuables worth $1,000 was lost, you’re entitled to certain legal rights under UAE law. Here’s a step-by-step explanation of what your rights are and how you can recover compensation for your lost items.
1. Airline Responsibility Under UAE Law
Under Article 353(2) of Federal Decree-Law No. 50 of 2022 (Commercial Transactions Law), the airline is responsible for your checked-in luggage during air travel. This means that if the airline took custody of your luggage, it must ensure its safe transport until it reaches you.
Furthermore, Article 356(1) of the law makes the airline responsible for any damage, destruction, or loss of checked luggage during transit, including the period after landing but before delivery to the passenger.
2. Compensation Limits
The UAE law also establishes a compensation limit for lost or damaged baggage. As per Article 359(2), the airline must compensate up to Dh500 per kilogram of luggage. This amount may be higher if the passenger declared the special value of their luggage and paid an additional fee for that.
For example, if your luggage weighs 15 kilograms, you may be eligible to claim compensation up to Dh7,500 (15kg × Dh500), unless you provided a higher value declaration before check-in.
3. Legal Steps for Filing a Claim
If the airline refuses to cooperate or fails to compensate for the lost baggage, you have the option to file a legal claim. Under Article 368 of the UAE Commercial Transactions Law, you can file a complaint in one of the following courts:
- The court where the airline’s head office is located.
- The court where the airline’s main activity is based.
- The court of the departure or destination (in this case, Dubai).
- The court mentioned in the terms and conditions of your travel contract (air ticket).
4. Filing a Complaint
- First, check the terms and conditions on your air ticket regarding lost luggage. This may clarify any specific procedures or policies related to compensation.
- File a written complaint with the airline, providing details of the loss and requesting compensation.
- If the airline continues to refuse cooperation, you can escalate the matter by filing a complaint with the Dubai Civil Aviation Authority.
- If necessary, you may consider filing a legal case in Dubai Court for compensation.
Summary of Key Points
| Action | Details |
|---|---|
| Airline Responsibility | Airline must ensure safe transport of checked-in luggage. |
| Compensation Limit | Up to Dh500 per kg unless declared higher value at check-in. |
| Legal Action | Can file in Dubai, airline’s head office, or other courts. |
| Steps to Take | File a written complaint with airline; escalate to DCAA; consider legal case in Dubai. |
By following these steps, you should be able to recover compensation for the loss of your valuables.
