DOT Issues Guidance on Airline Baggage Liability and Airline Responsibilities for Code-Share Flights
Accprdiing to the Department of Transportation (DOT)
The Department of Transportation (DOT) has issued guidance regarding airline baggage liability, particularly for international code-share flights, clarifying that the operating carrier is typically responsible for lost, delayed, or damaged baggage. Airlines must compensate passengers under certain conditions, and it’s important for travelers to understand their rights and the specific terms outlined in the airline’s contract of carriage.
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Airline Baggage Liability
General Responsibilities
Airlines are required to compensate passengers for lost, delayed, or damaged baggage. This applies to both domestic and international travel, with specific regulations governing each.
Compensation for Baggage Issues
- Lost Baggage: Airlines must locate missing bags and compensate passengers if bags are declared lost, typically between five to fourteen days after the flight.
- Delayed Baggage: Airlines are responsible for reimbursing reasonable incidental expenses incurred due to delayed baggage, without arbitrary daily limits.
- Damaged Baggage: Airlines must repair or reimburse for damage occurring while the bag is under their control. They are not liable for pre-existing damage or damage from improper packing.
Code-Share Flight Responsibilities
Operating vs. Selling Carrier
In code-share flights, the operating carrier (the airline actually flying the plane) is generally responsible for baggage liability, not the selling carrier (the airline that sold the ticket). This means that if a passenger’s baggage is lost or damaged during a code-share flight, the operating carrier must handle the claim.
Important Considerations
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Passengers should file claims with the operating carrier as soon as possible.
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Airlines may exclude liability for certain items, such as fragile goods or electronics, which should be noted in their contracts of carriage.
Understanding these guidelines helps passengers know their rights and the responsibilities of airlines regarding baggage on both direct and code-share flights.
https://www.hklaw.com/en/insights/publications/2009/06/dot-issues-guidance-on-airline-baggage-liability-a
What are my rights when my baggage is lost?
Airline Passenger Rights: The Federal Role in Aviation Consumer Protection
https://fas.org/sgp/crs/misc/R43078.pdf
Additional Actions Could Enhance DOT’s Compliance and Education Efforts
https://www.gao.gov/products/GAO-19-76

Charlie Leocha is the President of Travelers United. He has been working in Washington, DC, for the past 14 years with Congress, the Department of Transportation, and industry stakeholders on travel issues. He was the first consumer representative to the Advisory Committee for Aviation Consumer Protections appointed by the Secretary of Transportation from 2012 through 2018.