How can I prove financial loss for my children’s belongings under the Montreal Convention?

Question from rew, How can I prove financial loss for my children’s belongings under the Montreal Convention?

Answer from AI:

The Montreal Convention is an international treaty that governs the rights of passengers during international air travel, including issues related to lost luggage. Under the Montreal Convention, airlines are liable for damages up to 1,131 Special Drawing Rights (approximately £1,200 or $1,600) per passenger, unless the passenger can prove that the airline acted recklessly.

Understanding the Montreal Convention

The Montreal Convention does not distinguish between adult and child passengers. Therefore, the airline’s argument that your children have not suffered a financial loss may not be valid under the Convention. The key issue is not who owned the items, but rather the financial loss you have suffered as a result of the lost luggage.

Proving Financial Loss

To prove financial loss, you would typically need to provide evidence of the value of the lost items. This could include:

• Receipts for the items
• Bank or credit card statements showing the purchase
• Estimates or appraisals of the value of the items

Seeking Legal Advice

If the airline continues to dispute your claim, you may wish to seek legal advice. A lawyer can help you understand your rights under the Montreal Convention and can assist you in gathering the necessary evidence to support your claim.

Alternative Dispute Resolution

If you are unable to resolve the dispute with the airline directly, you may wish to consider using an Alternative Dispute Resolution (ADR) scheme. In the UK, many airlines are members of an ADR scheme, which provides a way of resolving disputes without going to court.

Please note: This information is intended to provide a general understanding of the law. It is not intended to provide specific legal advice. You should consult with a legal professional for personalized advice.

For more information on the Montreal Convention, you can visit the International Civil Aviation Organization’s website. For information on ADR schemes in the UK, you can visit the UK Civil Aviation Authority’s website.