Court Ruling Classifies Pets as Baggage on Flights

crypto In a significant ruling, the Court of Justice of the European Union has determined that pets traveling on flights can be categorized as baggage. This decision implies that airlines are not mandated to provide higher compensation if an animal goes missing during transit.

The court's intervention was sought following the unfortunate incident involving a dog named Mona, who vanished during a journey from Buenos Aires to Barcelona. The case unfolded after the dog's owner filed a claim for losses after the pet was lost while being transported to the aircraft.

According to court documents, the passenger, known as Felicísima, and her mother checked in for the flight with Mona secured in a designated pet crate. Unfortunately, the dog escaped while being taken to the plane and was never found. This incident led to a claim for €5,000 (£4,340) for “non-material damage,” sparking a legal battle that extended over six years.

The airline involved, Iberia, acknowledged its responsibility for the loss of the dog but contested the amount of the claim, asserting that it surpassed the liability limits typically set for lost luggage unless there were explicit declarations regarding the crate's contents. The court noted that Felicísima and her mother did not make any special declarations concerning the baggage at check-in, which meant they could not pursue compensation for the loss of their pet.

Court Ruling Classifies Pets as Baggage on Flights Pets are not routinely seen on flights across Europe, but they are more prevalent on transatlantic routes, where smaller dogs are permitted in the cabin. Conversely, larger pets, like Mona, are required to travel in the hold of airlines that accommodate animals.

The court papers detail the unfortunate incident: “The dog got out of the carrier, started running near the plane and could not be recovered.” Despite Felicísima’s extensive social media efforts to locate Mona, the dog has yet to be found. Felicísima expressed her determination to continue searching, commenting on Facebook, “It would be a disgrace if someone in Buenos Aires has taken my dog and claimed her as their own. Who has Mona, knowing that she is ours; knowing the pain we have felt?”

Unlocking Business Potential: Mastering Compliance This ruling sets a precedent for future travelers with pets who do not declare the contents of their pet crates. Carlos Villa Corta, Felicísima’s lawyer in Madrid, criticized the Luxembourg court's reasoning, arguing that “no airline in the world will accept a special declaration of value” for a pet traveling in the hold. He expressed disappointment, stating, “I believe that a great opportunity has been missed to continue raising awareness of the rights of animals and the people who care for them. Ultimately, the Court of Justice of the European Union considers that pets do not deserve special or enhanced legal protection compared to a simple suitcase.”

The judge in the Spanish court referred the case to the EU court to clarify a legal point central to the issue: whether the term baggage can be applied to the dog in the crate under the Montréal Convention, an international treaty that outlines airlines' liability for various losses, including those related to death, delays, and lost cargo or baggage.

The Court of Justice of the European Union concluded, “The Montréal Convention clearly refers to persons and baggage. It therefore follows from the clear wording of this provision that...”

The ruling by the Court of Justice of the European Union underscores the complexities of pet travel regulations within the airline industry. As it stands, without a special declaration regarding a pet's value, owners may find themselves with limited recourse should their beloved animals go missing during transit. This case highlights the ongoing challenges faced by pet owners and the need for greater awareness of their rights and responsibilities when traveling with animals.