The Legal Framework of a Lost Baggage Case
In case of the loss, damage or destruction of baggage, the obligations of the holder of the air carriage certificate are determined by a normative act of the Agency, while the general regime is governed by the Montreal Convention of 28 May 1999 on the unification of certain rules for international carriage by air, Georgia's other international treaties, the Air Code, the Civil Code and the Agency's normative acts. This two-tier system means that, in preparing a claim, the regime applicable to the particular carriage is determined first, and then the detailed rules established by the Agency's act.
The Carrier's Release from Liability
A further detail matters in the lost baggage case: the Code distinguishes two circles of obligations — the general regime operating on international and domestic carriage, and the detailed rules established by the Agency's normative act for specific baggage cases. The distinction acquires practical significance where the carriage consists of several legs: for each leg it must be determined separately which regime applies.
Determining the value of the baggage is the second axis of the claim: the list of lost items, the documents of their acquisition and, where necessary, a valuation — this is the material that shapes the amount of the claim. The Agency's normative act determines the form of the obligations, while the substantiation of the amount depends on the passenger's evidence — which is why keeping documents begins from the very moment of checking in the baggage.
The carrier is released from the performance of the respective duties where, owing to circumstances caused by force majeure, it cannot perform them or performs them improperly — this rule operates in baggage cases as well and directly determines the prospects of the claim: establishing causation is the central issue of the case.
The Procedural Route and Insurance
One further practical circumstance shapes the baggage case: the liability is insured toward the passenger, the sender and the recipient of the baggage, which means the claim rests on a formally and financially secured object. The insurance procedure is approved by a normative act of the Agency — reading that act thus has a double significance: the obligations and the form of insurance are read together.
In a baggage case the documentary basis is decisive: the baggage waybill by which the contract is confirmed, the delivery receipts and the correspondence with the carrier reflect the chain the court will assess. The law entrusts the details of the obligations to a normative act of the Agency, so in preparing the claim that act is the first document to read — it sets out the formal steps preceding the claim and the terms provided.
The limitation period and the manner of bringing an action connected with air carriage are determined by the legislation of Georgia — the management of time is thus in the passenger's hands only to the extent that the general procedural rules allow. In parallel, on the use of Georgian airspace the carrier is obliged to insure its civil liability toward the passenger, the sender or recipient of baggage and third persons — the insurance secures the financing of the claim.
To summarize: in a lost baggage case three steps are needed. First, determining the regime: the Montreal Convention of 1999, the treaties and both Codes create the general framework. Second, the detail: in the case of loss of baggage the obligations of the certificate holder are determined by a normative act of the Agency. Third, time and financial security: the limitation period is established by legislation, and the mandatory insurance creates the source of the claim. The sequence of these three steps is the basis of a successful claim.
Frequently Asked Questions
Below we answer the questions most frequently asked on this topic.
Which rules apply to baggage?
The Montreal Convention of 1999, international treaties, both Codes and the Agency's normative acts; in case of loss, damage or destruction of baggage, as in delay of carriage, the obligations of the certificate holder are determined precisely by a normative act of the Agency.
When is the carrier released?
Owing to circumstances caused by force majeure — but only where the duty cannot be performed or is performed improperly; in all other cases liability remains.
How is the action brought?
Under the limitation period and manner of filing established by Georgian legislation.
Is the liability insured?
Yes — on the use of Georgian airspace insurance of civil liability is mandatory and covers the baggage case as well.
How We Help on Legal.ge
A lost baggage dispute requires simultaneous knowledge of international and national norms and a timely reaction. On Legal.ge you can consult an aviation-law lawyer who will assess the case, prepare the claim and protect your interests in negotiations with the carrier and in court. Submit a request on the site, indicating the flight and the details of checking in the baggage — and get qualified assistance.