- No liability of the company for damaged baggage? For delayed baggage – reimbursement of costs only up to a specified amount?
- The President of UOKiK has brought charges against LOT Polish Airlines.
- They concern misrepresentations about the carrier’s liability and the documents required for examining complaints.
UOKiKhas received reports concerning baggage-related complaints from people travelling with LOT Polish Airlines. Consumers report problems with the handling of complaints regarding damaged or delayed baggage. The President of UOKiK has charged the company with violating the collective interests of consumers.
‘We bear no responsibility’
On its website, LOT informed passengers that it bears no responsibility for damage to baggage resulting from normal wear and tear, such as dents, scuffs, abrasions. This position was also communicated to consumers by DOLFI 1920 – a company with which LOT cooperates in handling complaints. Meanwhile, the Montreal Convention, which regulates the rules of conduct in the event of damage caused to passengers, baggage, or cargo during international travel and provides uniform rules for international air transport, does not provide for an exclusion of carrier’s liability in such cases; it only regulates the time limit for lodging a complaint.
The carrier also reported that in the event of a delayed baggage delivery, it guarantees reimbursement only if the flight took place outside the country of residence, up to $100 per person, and only for certain items. These could be only essential products: toiletries, underwear, clothing. Cosmetics and other non-essential items could not be refunded. However, the applicable legislation does not limit the company’s liability solely to compensation for the purchase of such a narrow group of products. Moreover, it does not make this liability contingent on where the delay occurred.
- A companymay not grant consumers fewer rights than those arising from generally applicable law. Such a practice may have been used by LOT Polish Airlines, which is why I initiated proceedings against this company. This is not our only activity in the aviation market – we are also looking at other carriers, and airlines Wizz Air and Enter Air have previously been charged with similar practices - says President of UOKiK Tomasz Chróstny.
A complaint? With a full set of documents and data
LOT misled travellers about the large number of documents and data allegedly necessary for examining a complaint regarding damaged or delayed baggage. The carrier required: a description of the damage,baggage damage or delay report number/PIR number, ticket number or printout with reservation number, boarding passes, baggage tags, photos of damaged baggage, a receipt for the purchase or repair of baggage, and receipts confirming the value of lost or damaged items.
Meanwhile, under the applicable provisions, such data and documents are not necessary for lodging a complaint. The company may not make the examination of a complaint conditional upon providing such information. Such practices may cause travellers to give up on pursuing their rights.
If the charges brought by the President of UOKiK are confirmed, LOT Polish Airlines faces a fine of up to 10% of its turnover for each of the challenged practices.
The Office is also monitoring the activities of other airlines. Proceedings against Enter Air and Wizz Air are ongoing.
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