When should the currency conversion be calculated for lost luggage claims under the Montreal Convention?

Question from plo, When should the currency conversion be calculated for lost luggage claims under the Montreal Convention?

Answer from AI:

The Montreal Convention is an international treaty that sets out the rights and responsibilities of passengers and airlines in cases of lost or damaged luggage. In the UK, it is incorporated into law by the Carriage by Air Act 1961.

Currency Conversion Date

The Montreal Convention does not specify a particular date for currency conversion in the event of a claim. However, it is generally accepted that the conversion should be calculated on the date the loss occurred. This is because the aim of compensation is to put the claimant back in the position they would have been in had the loss not occurred. However, this can vary depending on the specific circumstances and the airline’s policy. Therefore, it is advisable to consult with a legal professional for personalized advice.

Claiming for Stress, Distress, and Loss of Income

Under the Montreal Convention, passengers can claim for “provable damages” which typically include the value of the lost luggage and any additional expenses incurred as a direct result of the loss. However, the Convention does not explicitly allow for claims for stress, distress, or loss of income.

In the UK, courts have generally interpreted the Convention to exclude claims for non-economic damages such as stress and distress. In the case of Stott v Thomas Cook Tour Operators Ltd [2014] UKSC 15, the UK Supreme Court held that the Montreal Convention does not allow for claims for damages for distress and inconvenience.

However, this does not mean that you cannot claim for time spent communicating with the airline. If you can prove that this time resulted in a financial loss, you may be able to include this in your claim.

Please note: This is a complex area of law and the outcome can depend on the specific facts of your case. It is recommended that you seek legal advice before making a claim.

Steps to Take

1. Keep all correspondence with the airline.
2. Keep a record of all expenses incurred as a result of the loss.
3. Consult with a legal professional to understand your rights and potential claims.

For more information, you can refer to the Carriage by Air Act 1961 and the Montreal Convention.