I recently traveled from London to Dubai with a UAE carrier last month. Unfortunately, the airline lost my baggage, which contained approximately $1,000 worth of valuables. Despite my repeated attempts to contact them, the airline is refusing to compensate me. I need to know my rights and how I can recover the full value of my lost items.
According to Article 353(2) of the Federal Decree-Law No. 50 of 2022, which governs the Commercial Transactions Law in the UAE, airlines departing from or arriving in the UAE are responsible for the checked-in luggage of their passengers. This includes items carried by the passenger in the aircraft or delivered to the carrier for custody during the journey.
Additionally, Article 356(1) of the UAE Commercial Transactions Law stipulates that airlines are liable for damage or loss of checked-in luggage if an accident occurs during air transport. In the case of lost or damaged luggage during transit and before delivery to the passenger, the airline may be required to compensate up to Dh500 per kilogram, as per Article 359(2). However, if the passenger declares a higher value and pays an additional fare, the airline must compensate according to the declared value, unless they can prove it exceeds the actual value.
Passengers can file a claim against the airline in several courts, including those with jurisdiction over the arrival/departure destinations, the court where the airline's head office is located, or the court mentioned in the travel contract (air ticket). This is outlined in Article 368 of the UAE Commercial Transactions Law.
Based on these legal provisions, you should review the terms and conditions on your air ticket regarding lost luggage. Next, file a written complaint with the airline. If the airline does not cooperate, consider filing a complaint with the Dubai Civil Aviation Authority. If necessary, you can then file a claim in the Dubai Court against the airline.
Ashish Mehta is the founder and Managing Partner of Ashish Mehta & Associates. He is qualified to practice law in Dubai, the United Kingdom, and India. For more details about his firm, visit www.amalawyers.com. Readers can send their questions to news@khaleejtimes.com or Legal View, Khaleej Times, PO Box 11243, Dubai.
