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Are there are limitations to the types of damage to baggage during air travel that can be claimed and what are the time limits for making a compensation for baggage loss or damage?

The food storage container stored in the aeroplane’s baggage compartment burst open and all food spilt through the compartment. Not only were my bags and suitcases damaged but also the expensive items I had packed within. What can I claim?
Asked in Newcastle - Newcastle and Lake Macquarie, NSW, 18-11-2015
1 Lawyer Answered
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Lawyer Answers (1): Answers from lawyers are general preliminary responses. They are not formal legal advice and cannot taken account of all your circumstances. They do not create a lawyer–client relationship.

Answer by LegalEagle staff™, Forbes 2871 NSW

  • Most airlines limit their liability for damage to baggage for scratches, scuffs and dents to the baggage.
  • Airlines will not be responsible for damage if the passenger has packed dangerous or prohibited goods.
  • In Australia there is a financial limit of $1,600 per passenger.
  • The amount of compensation is generally calculated on the weight of the baggage.
  • Strict time limits are put in place by airlines for making a claim for lost or damaged baggage.
  • Lost baggage must be reported immediately at the time that the baggage does not appear on the carousel.
  • You should not leave this any longer than 7 days.
  • If the baggage is damaged then the claim must be made within 21 days.

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