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Ben Jones
Ben Jones, UK Lawyer
Category: Law
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Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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We recently returned from our holidays. We flew from Birmingham

Resolved Question:

We recently returned from our holidays.
We flew from Birmingham UK - Dubai - Singapore - Australia & then back via Dubai.
My wife's case did not arrive in Singapore & we did not actually get it back until we arrived back in Birmingham 18 days later.
Emirates told us to buy clothes etc & save receipts.
Total receipts = £1800 UKP
Emirates has offered us £1100 UKP & stated that this is their maximum liability in accordance with Montreal Convention.
Can you please advise what our legal position is on this & how we go about recovering our full expenses + an amount of compensation.
Submitted: 1 year ago.
Category: Law
Expert:  Ben Jones replied 1 year ago.
Hello, my name is***** am a qualified lawyer and it is my pleasure to assist you with your question today. Why did you have to spend as much as £1,800?
Customer: replied 1 year ago.
The trip was a present for my wife's 50th.
18 days , 18 nights.
The case that did not arrive was 52kg
Returning case was only 23kg, so did not take advantage.
Decent restaurants pre booked so nice clothes required.
New suitcase alone cost approx. £200.
No cheap tat shops in Singapore or Sydney etc.
Generally shopped at Zara & similar, so not a mega expensive shop, but she was not going to buy cheep stuff when she had packed so well for a nice holiday.
We worked out that value of original case would be around 5k
Customer: replied 1 year ago.
18 days, 18 nights, only works out to £100 per day, less if you take off the case.
She originally packed a different outfit for each day & each night, plus gym kit + accessories, perfume etc.
I actually think that she did well to keep it down to £1800
Expert:  Ben Jones replied 1 year ago.
Unfortunately the airline is correct because when you purchase a ticket for travel with the airline you are both bound by the terms of the Montreal convention. This imposes certain limits on the compensation airlines are liable to offer in the event that they lose a passenger’s luggage. This has been to the courts as high up as the European Courts of Justice, which has confirmed that you can only pursue them up to the limits set out in the Convention. At present the limit is approximately 1,131 euros or the equivalent in ponds so not far off from what you have been offered. This limit is maximum, it is set by law, you cannot go beyond that just because your possessions were worth more than that or you had to spend more than that to cover the fact you did not have your possessions. Also remember that you have not lost out as such – you have spent the money but you have gained items in return so if it is necessary you can choose to dispose of them to recuperate some of your losses. Of course they will not be at the value purchased but considering the compensation offered and what you may get back from selling them you will bridge the gap. Of course it is entirely up to you if you wanted to do that but it is an option. From a legal point of view however, the limits are clear and set by law so they will apply unfortunately. I'm sorry if this is not necessarily the answer you were hoping for, however I do have a duty to be honest and explain the law as it actually stands. This does mean delivering bad news from time to time. I hope you understand and would be happy to provide any further clarification if needed. If you are still satisfied with the level of service you have received I would be grateful if you could please take a second to leave a positive rating by selecting 3, 4 or 5 starts at the top of the page. Thank you
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 46743
Experience: Qualified Solicitor - Please start your question with 'For Ben Jones'
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