Delayed baggage – internal policy applied instead of Montreal Convention liability
Checked baggage did not arrive on a short, time-critical business trip from the UK to Ireland. The delay was reported immediately at the airport and logged with the airline. Staff advised that same-day delivery was unlikely and that essential replacement items should be purchased and receipts retained for reimbursement.
Because there were early business meetings and no access to clothing, toiletries, or professional items, essential purchases were unavoidable. The baggage was not reunited until late the following day, meaning it was effectively unavailable for the duration of the trip.
The airline later reimbursed only a small fixed amount and confirmed in writing that this represented the “maximum liability” under its delayed baggage policy and constituted full and final settlement.
This position relies on an internal policy cap rather than the liability framework set out under the Montreal Convention, which governs compensation for damage caused by delay to checked baggage. The Convention does not impose an arbitrary low fixed limit; it requires reimbursement of reasonable and necessary expenses up to the applicable SDR ceiling.
It is disappointing that an established carrier would rely on an internal policy cap instead of applying the correct international liability standard where the delay was acknowledged and the expenses were reasonable and business-related.
Passengers should be aware of the difference between an airline’s internal policy and the Montreal Convention liability regime when pursuing delayed baggage claims.
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Aer Lingus is the Irish flag carrier, founded in 1936. In summer 2022, Aer Lingus will operate over 100 routes, flying to over 71 direct routes and to 62 destinations from Ireland to the UK and Europe. The airline operates 16 transatlantic routes from Dublin, Shannon and Manchester UK to North America and the Caribbean. Aer Lingus is a 4-Star airline, awarded by Skytrax, the international air transport rating organisation. Aer Lingus is a member of International Airlines Group (IAG), one of the world's largest airline groups. For more info, visit www.aerlingus.com.
Transatlantic Destinations from Ireland
New York, JFK
Newark, New Jersey
Boston
Washington, DC
Hartford, Connecticut
Philadelphia
Orlando, Florida
Miami, Florida
Chicago
Los Angeles
San Francisco
Seattle
Toronto
Transatlantic Destinations from Manchester
New York, JFK
Orlando
Barbados
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