‘SIXTY ONE days late’ – Spanish judge rules that Air Europa must pay €1,500 in compensation

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A Spanish judge has ruled that Air Europa must pay €1,500 in compensation to a passenger whose luggage arrived 61 days late. 

This ruling aligns with international and EU standards regarding airline liability for mishandled luggage:  The decision is rooted in the Montreal Convention, which governs airline responsibility for lost, damaged, or delayed baggage.

The convention sets a maximum compensation limit, recently adjusted to approximately 1,288 Special Drawing Rights (SDRs), which currently equates to roughly €1,500 to €1,600.

Under these rules, luggage is officially considered “lost” if it does not arrive within 21 days. Since this passenger’s bag was missing for 61 days, they were entitled to the maximum indemnity for the significant “damage” caused by the delay.

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While passengers are often required to provide receipts for essential replacement items, judges in such cases may award the maximum amount if the delay is exceptionally long and the airline’s negligence is clear. 

If you find yourself in a similar situation, the European Consumer Centre Ireland recommends filing a Property Irregularity Report (PIR) before leaving the airport and submitting a formal written claim to the airline within 21 days of receiving your delayed bags

The decision underscores passenger rights in Spanish aviation and adds to scrutiny of baggage handling processes at the carrier amid rising travel volumes.

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