Can passengers claim stolen, lost belongings during flights?

UAE

Question: Last month, I flew from Dubai to South Asia with a local carrier. Upon returning home, I discovered several items, including shoes and shirts worth over Dh1,000, were missing from my properly sealed bags. Can I claim compensation for these lost items? Who is responsible—the airline or the airport? I appreciate your guidance on my rights.

Answer: According to Article 353(2) of the Federal Decree Law No. 50 of 2022, the airline that departs from or arrives in the UAE is responsible for the checked-in luggage of its passengers. This includes any objects carried by passengers during the journey or delivered to the carrier's custody.

Additionally, Article 356(1) stipulates that airlines are liable for damage or loss of checked-in luggage, caused by accidents during air transport.

If luggage is damaged or lost during transit or prior to delivery to the passenger, the airline is obliged to compensate up to Dh500 per kilogram of luggage, as per Article 359(2) of the UAE Commercial Transactions Law. However, higher compensation amounts can be agreed upon if a special statement emphasizing the value of the items is provided by the consignor and the additional fare is paid to the carrier.

Passengers affected by loss or damage of luggage have the right to file a civil claim against the airline. The claim can be lodged in courts with territorial jurisdiction over arrival/departure destinations, the location of the airline's head office, or as specified in the travel contract (air ticket) between the passenger and the airline, per Article 368 of the UAE Commercial Transactions Law.

It is advisable to review the terms and conditions of your air ticket regarding lost luggage and submit a written complaint to the airline regarding the loss of personal belongings. In cases of non-cooperation, passengers can file a complaint with the Dubai Civil Aviation Authority and may consider initiating legal action against the airline in Dubai Court. Alternatively, legal remedies can also be pursued in courts with jurisdiction over the South Asian airport where the belongings went missing.