The Commercial Court 1º 10 of Madrid has sentenced Iberia to compensate a passenger with 1,500 euro to repair the damage of having left her without her suitcase for 21 days.
This fact generated an “affect on the passenger’s psyche”, says the sentence, which resulted in moral damage.
For Jorge Ramos, lawyer for the victim, with this ruling “one more step is taken in the rights of passengers, protecting them more. It is also the first that we have in which, having recovered the suitcase, compensation of 1,500 euro is granted, the maximum compensable, punishing the moral damage suffered by the affected person.
He also points out that “in the case of simple delays at the time of delivery of the suitcases these amounts were not usually as high as the one that a loss can suppose.”
The affected passenger was flying for work reasons from Santander to Lanzarote in February 2021 and when she landed at her destination her suitcase was missing. “This caused her great anguish, because within it she had material from her work that prevented her from performing her job duties properly,” the lawyer describes.
The affected woman had to return to the airport when the airline told her that she had recovered, but three weeks had passed, and therefore, she had suffered a loss of time to carry out work matters.
“The time that the luggage has been deprived generates great moral damage. Not only is there the uncertainty of knowing if he will finally receive his luggage and what day, but also all the time she is wasting in making arrangements to recover it,” explains Ramos.
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