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We were 6 passengers who flew from Pakistan to Syracuse on one itinerary purchased together. We checked a total of 17 bags. From Pakistan to JFK, the airline was Qatar. We had a connecting flight from JFK to SYR with JetBlue. At JFK all the bags were collected, passed through US customs and handed over to representatives for the connecting flight. Upon arrival at Syracuse, 6 bags were missing, which are now declared lost.

Would my claim fall under International compensation rules or US domestic compensation rules, as both have different payout limits? Also would I be compensated per claim, per bag, per kg or per passenger? Any insight and guidance will be highly appreciated.

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    What did the airline or its baggage handling contractor say when you asked them, and if you believe that answer is wrong, why?
    – mlc
    Jan 11 at 7:04
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    @mlc In your experience, do airlines -- particularly their front-line representatives -- tend to proactively and accurately admit fault and advise customers on how to claim the maximum compensation they're legally entitled to?
    – Sneftel
    Jan 11 at 9:55
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    The baggage allowance and the ticket are international, so it should be the international compensation rules. OTOH in ticket conditions they may limit it (maybe stating that for compensation reasons the flights will be considered as separate tickets). It is a mess and we are not lawyers. You should have the conditions on your tickets (and get online or ask airlines about the general transport rules) Jan 11 at 10:49
  • @GiacomoCatenazzi You don't feel that such a condition would violate the Montreal Convention? Consumer protection laws can't usually be contractually waived.
    – Sneftel
    Jan 11 at 15:53
  • @Sneftel: If you just sell two tickets in a packet, you do no violate it. I think lawyers or airlines may find a way to do it. I tell this, because I think I already saw something like "for the sake of X this should be considered as split thing", or similar (I do not remember well the context), but I doubt I'm so "lawyerish" to be able to invent such idea. Jan 11 at 16:53

1 Answer 1

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Since both flights were on the same ticket and there is an international component to your itinerary, you should covered by the Montreal Convention.

You may also be covered by the US rules, though I doubt it, and I don't know the details.

Under the Montreal Convention, the compensation is based on:

  • During the delay, reasonable costs to buy the required items while you wait for your luggage.
  • Once the luggage is declared lost (usually after 21 days), the value of the luggage and their contents.

The total limit is about $1700 per passenger affected.

You'll find a more palatable explanation of your rights under the Montreal Convention is this Forbes article.

Make sure you don't miss the deadlines for your claims.

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    And if you do miss the deadline for your claims, please just consider that lost. Don't hire a lawyer to get ChatGPT to invent nonexistent lawsuits that claim there is precedent for the Montreal convention not applying...
    – Nzall
    Jan 11 at 16:23

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