It has happened to many people that when traveling by plane and delivering their suitcase to the airline, it arrives damaged or, worse, they cannot find it. If this has happened to you, you should know that the National Consumer Service (SERNAC) in Chile has announced what should be done at a time like this. SERNAC establishes clear procedures so that affected passengers receive adequate compensation, beyond simple apologies.
According to SERNAC, if your suitcase is damaged or lost, the airline has the obligation to compensate you financially. This compensation is based on article 148 of the Aeronautical Code, which establishes an amount equivalent to 40 Unidades de Fomento (UF), which amounts to approximately $1,493,900. This amount applies regardless of the number of pieces of the luggage that have been damaged, destroyed or lost.
The airlines’ duty of professionalism, enshrined in article 23 of the Law on the Protection of Consumer Rights (LPDC), obliges these companies to adopt all necessary measures to avoid the loss or damage of suitcase. However, when these circumstances arise, the aforementioned compensation must be provided to the affected passenger.
Furthermore, if you luggage has a value greater than 40 UF, you can insure the content for its actual declared value, paying an additional cost in accordance with article 150 of the Aeronautical Code. This measure allows passengers with higher value items to adequately protect their belongings and receive fair compensation in the event of loss or damage.
To access compensation, the process varies depending on whether it is a loss or damage to luggage. In case of loss, compensation arises when the airline determines the definitive loss of the luggage. This process commercially occurs after 10 calendar days of not knowing your location, although it is limited to 21 days by the Montreal Convention. Passengers have up to 21 days to protest the loss after handing the luggage over to the airline. In case of damage, article 153 of the Aeronautical Code establishes that the passenger must protest the damage or destruction of the luggage immediately when you notice them or when you should have noticed them.
