Question from frreed, Under the Montreal Convention, can I claim legal fees in addition to the cap for damaged items in the UK?
Answer from AI:
The Montreal Convention is an international treaty that governs the rights and responsibilities of airlines and their passengers in cases of lost, delayed, or damaged baggage. In the UK, this treaty has been incorporated into national law.
Claiming for Damaged Items
Under the Montreal Convention, airlines are liable for damage to checked baggage up to a limit of 1,131 Special Drawing Rights (SDRs), an international type of monetary reserve currency. This limit is roughly equivalent to £1,200 or $1,600, but the exact amount can vary as SDRs are based on a basket of international currencies.
Legal Fees and the Montreal Convention
The Montreal Convention does not specifically address the issue of legal fees. However, it is generally understood that the cap on liability for damaged items does not include legal fees. This means that if you need to hire a lawyer to help you claim compensation for damaged items, the cost of this legal assistance would not be included in the cap.
Claiming Legal Fees
Whether you can claim legal fees in addition to the cap for damaged items is a more complex issue. This will depend on the specific circumstances of your case and the laws of the UK. In some cases, you may be able to claim legal fees as part of your damages, but this is not guaranteed.
It is recommended that you consult with a legal professional for personalized advice on this matter.
Steps to Take
If your items have been damaged during a flight, you should:
- Report the damage to the airline as soon as possible, ideally before leaving the airport.
- Keep all relevant documentation, such as boarding passes, baggage tags, and receipts for the damaged items.
- Consider seeking legal advice if the airline does not adequately compensate you for the damage.
For more information on the Montreal Convention and its application in the UK, you can refer to the Carriage by Air Act 1961 and the International Air Transport Association’s guide to the Montreal Convention.
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Disclaimer: The information provided in this response is intended for general informational purposes only and should not be considered as legal advice. While we strive to provide accurate information, we make no guarantees regarding the accuracy or legal validity of the information presented. Laws and regulations vary by jurisdiction and can change over time, and the application of laws can vary widely based on the specific facts and circumstances involved. Therefore, you should consult with a qualified legal professional before making any decisions related to legal matters. Do not rely solely on the information provided in this response for any legal decisions. We disclaim any and all liability with respect to actions taken or not taken based on the contents of this response.
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