Air transport contracts set limits on loss of valuables in suitcases

Travelers have suffered losses of goods that transported in luggage.

After spending a few days in Florida, in the east of the United States, Luis Quevedo undertook his return flight to Ecuador in mid -June. His return route contemplated a scale in Panama before arriving in Guayaquil.

As he had to travel to El Oro after arriving at José Joaquín de Olmedo airport, he quickly took his bags and did not realize that some luggage things had disappeared.

Quevedo says that when he arrived at his home, he found that a speaker was missing, two watches, a cell phone, a tablet, a perfume and garments. He estimates that the loss exceeds $ 1,200.

Doménica Carrillo had a similar experience in May on her return flight from Miami to Guayaquil, with a scale in Panama. The passenger argues that when checking the suitcases he found that they were without the security tapes and one of them did not contain the MacBook Air that he brought. The box was empty, without the $ 1,500 equipment.

The subtraction of objects that go within the suitcases that are billed for winery is usually a problem that some travelers face.

In recent months, travelers have reported these types of situations. Some have viralized their complaints and others have decided to initiate the claim through the filling of forms that are sent to companies by email.

Receiving a resolution is not a quick matter, since airlines must review cases, require backup documents such as purchases invoices and determine if compensation is feasible.

Companies refer to their transport contracts to address claims. In these contracts, companies recommend that value items be transported in hand luggage, with the responsibility of the traveler. Under that argument, companies often refrain from compensating losses of valuable objects such as electronic devices, money or jewelry.

Quevedo argues that the answer he has received from the airline is that they will compensate for shirts, a dog bone and a Spiderman toy. For that you must send a copy of invoices.

But the airline will not reimburse the horn, tablet, cellular, perfumes and clock, because it refers to the contract that refers to those objects has no responsibility.

Carrillo, who filled the claim form, still expects an outcome for his case.

How does the authority come to these claims?

The General Directorate of Civil Aviation (DGAC) indicates that users' claims must be directed in the first instance to the operating company.

After the operator does not provide a favorable response, the complaint can be channeled in the body through the user facilitation offices at the Airports of Quito, Guayaquil, Cuenca, Manta or by email Attention_usuario@aviacivil.gob.ec.

During 2020, a period in which the operations of commercial airlines ceased partially, the DGAC refers that it registered 5 cases in Guayaquil and 5 in Quito related to luggage losses and theft of items in luggage.

The claims of greater incidence and recurrence correspond to the Copa airline. It has nine in total. They are mostly for losses that occurred in the handling of luggage in points of scale, particularly on the Miami-Panama-Quito or Guayaquil itinerary, according to the DGAC.

"The DGAC recommends that the invoiced luggage do not include valuables such as money, checks or jewels. The airline will not have responsibility," recognizes the same state agency.

This newspaper consulted the Panamanian airline about the loss of objects and the scope of responsibility, but there was no response.

Ezequiel Barrenechea, executive of Tagsa, the concessionaire of the Guayaquil Airport, says that the suitcase distribution system at the airport is well controlled by security personnel, including national security forces, and is covered throughout the process by a camera system that monitors continuously and avoid precise robberies or illegal openings.

"Normally the illegal openings of suitcases occur in the airports of origin that is where the same airlines spend the longest and usually those that provide the luggage management service inside the airports," he says. (YO)

What contracts say

In transport contracts that have most of the airlines operating in the country, it is specified that the conveyor is not responsible for the disappearance or loss of value items that go as registered luggage to the winery.

Most have listings of the value articles in which they have no responsibility, such as money, jewelry, silver items, negotiable documents, art works, audio equipment, video, cell phones,smartphones, digital tablets, computers and electronic equipment.

Other companies do not directly mention that they are not responsible for value items, but specify in contracts that do not accept the transport of these items as registered luggage and must be included in the passenger's hand luggage. That is, in practice, they do not assume responsibilities if the client includes those objects in the luggage that invoice.

They also anticipate that the traveler may not submit any claim for damage and/or looting, after a certain time after the arrival at the final destination or after the withdrawal of the airport luggage. Some include a period of up to seven days to file a complaint.