A judge in Zaragoza ordered Lufthansa to pay 440 euros to a passenger for losing his luggage

A Zaragoza court has ordered the German airline Lufthansa to pay a passenger 440 euros for losing his luggage for eleven days. The ruling is justified by the number of days the plaintiff was without his belongings, and the judge in charge of the case reprimanded the airline, considering that consumers are always in a weaker position than the airline.

This is a ruling issued by the Court of First Instance number 23 of Zaragoza, in which the German airline claimed that it had delivered the luggage to the passenger three days after the loss, while the consumer, through reclamador.es, indicated that it had been returned to him eleven days later, although he had no way of proving it and the disadvantage compared to Lufthansa seemed obvious.

However, the judge considered in his ruling that the compensation should always be estimated to benefit the consumer , since, although the exact date of arrival of the luggage is not proven, the principle in dubio pro usuario should apply , given that it is more difficult for him to prove his claims.

A FLIGHT FROM MUNICH TO BARCELONA

The story begins when the passenger, returning to Barcelona after a trip to Munich (Germany), failed to notice his luggage, consisting of two suitcases , appearing on the baggage carousel at Josep Tarradellas Barcelona-El Prat Airport. He then filed a Baggage Irregularity Report (PIR) to certify that he had not received his luggage.

After several days, the airline returned the lost bags to him, and after requesting compensation that was never granted, he decided to submit his case to the online claims platform to obtain compensation.

In its lawsuit, the online legal services company requested a total of 440 euros, or 40 euros per day lost, for the loss of the traveler during those eleven days, during which he had been without his essential belongings and had to buy new ones to replace what he had in his suitcase . The compensation amount also varied depending on the delivery date because neither party could agree on when the luggage had finally appeared.

In its response to the lawsuit, Lufthansa acknowledged the loss of luggage, but stated that it had only been lost for three days. In the face of the dispute, the judge requested evidence from both parties to verify the date indicated by each party. The party representing the passenger indicated that they only had their word, because it is impossible for a consumer to have proof that the airline delivered luggage, since the airline itself must have proof.

HOW TO FILE AN ONLINE CLAIM FOR LOST LUGGAGE?

The ruling sets the stage for future baggage incidents in which the time limit for baggage delivery is questioned. The passenger’s defense attorney, Jorge Ramos, expressed his complete satisfaction with the ruling and emphasized that “judges, before being judges, are people, and therefore consumers, and they know firsthand how some companies take advantage of this position of power they hold over consumers, as they have more resources and evidence than consumers to avoid compensating customers.”

All those affected by lost or misplaced luggage are entitled to compensation even if airlines deny it, which is why it’s essential to seek expert advice. To file a claim for a luggage incident, you must first process a Baggage Irregularity Report (PIR) at the airport. Failure to do so will mean the luggage has been delivered correctly and in good condition.

The deadline for processing the PIR is 21 days in the case of delayed or lost luggage, and 7 days in cases of damaged luggage, but reclamador.es recommends always doing so before leaving the airport.