Emirates damage claim reply with Montreal Convention 1999 excuse

Emirates damage claim reply with Montreal Convention 1999 excuse - White Smoke Coming from City Buildings

My family flew from Mumbai to Houston with Emirates. When they arrived in Houston, 2 bags missed 2 wheels out of 4, and I was not able to pull them and had to lift and put them in my car trunk. I called baggage claim and they asked to reply them with proof.

I got this reply by email:

Thank you for your claim on Sep 28, 2017, in connection with the above checked baggage claim. I am concerned to learn from you that, upon your arrival at Houston airport, you discovered that your bag was damaged, and sincerely regret any inconvenience you were put through.

I wish to advise that your claim in respect of damaged baggage is governed by an International Treaty known as the Montreal Convention 1999, which has been ratified by the countries where you began and ended your journey. The Montreal Convention is exclusive which means that it provides the only remedy available in these circumstances.

In accordance with Article 19 of the Montreal Convention, the carrier is not liable for damage caused by damage to baggage if it proves that it and its servants and agents took all measures that could reasonably be required to avoid the damage or that it was impossible for it or them to take such measures.

Your claim may be covered by your travel insurance policy. May I suggest that you also contact your Insurers who may be able to assist you further with your claim.

Although we have not lived up to your expectations on this occasion, I do hope your recent experience has not marred your impression of the service offered by Emirates and that we will be given another opportunity of serving you in the future.

Thank you for allowing me to explain our position.

Yours sincerely,

If the Montreal Convention 1999 was there from 1999, why does their website have a damaged bags link?

Is there any way to get rebate for that damage?



Best Answer

I would have a look at Article 17(2) of the Montreal Convention, which deals with damage to baggage specifically. It basically says the airline is liable unless it can say that the baggage itself was faulty.




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