Airlines allow carriage of baggage in cabin and in check-in luggage. Generally, the allowance of cabin is less and is determined on the basis of availability of space for keeping it without causing inconvenience to fellow passengers. Generally, it is kept in the overhead cabins or stowed under the seats inside the cabin. However, a higher allowance is provided for carrying baggage in check-in hold. There could be instances when the baggage gets lost. So, what are the rights of passengers whose luggage is lost by the airline?
Liability for Domestic Flights
As per the rules of Indigo Airlines, and in accordance with the provisions of the Carriage by Air Act, 1972, the liability of the carrier is limited in case of loss of check-in baggage. There is no liability for loss of cabin baggage and the liability is only for check-in baggage. The liability for loss of check-in baggage is limited to Rs 350 per kg subject to a maximum of Rs 20000.
Another rider is that this liability arises on condition that the loss was due to negligence or as a result of action or inaction of the airline. If, however, the passenger is found to be negligent, then the liability reduces or does not arise at all.
Liability for International Flights
The liability in case of international flights is to be governed by either Montreal Convention of 1999 or Warsaw Convention of 1929. This liability comes to USD 9.07 per pound or USD 20 per kg for loss of check-in baggage and Rs 350 per kg for damage of checked baggage.
This rule is applicable even for domestic legs of international flights.