Legal Question in Aviation Law in France

employee luggage theft

I flew AIR FRANCE as my sole carrier from Italy to Boston on June 2004. When I arrived my luggage was missing and I was told that it would be sent to my home. They arrived seperately a few days later and both locks on both bags had been completely cut off and zippers opened to the point where I could see the contents inside. As I looked through I noticed at least 10 items missing: clothing, CD & DVD collection, jewelry,and souvenirs. It was obvious that certain items had been singled out and taken. I wrote to AF stating that their Carrier Code said nothing about stolen items and I sought reimbursement. They replied saying that they were not responsible and hope that they could ''restore my confidence in Air France''


Asked on 10/04/04, 3:32 pm

1 Answer from Attorneys
Anthony DeWitt Bartimus, Frickleton Robertson & Gorny, PC

Re: employee luggage theft

Without a copy of the carrier contract, I can't tell you what your rights are, however, I can tell you that you need to get a copy of the tariff. You should be able to get this from the carrier by asking for the "incorporated terms" of the passenger contract. Since you flew from outside the US to the US, your flight is governed by the Warsaw Convention and the contract of carriage and any rights you have for lost baggage, etc., will be found there.

If you have renters or homeowners insurance you can make a claim on those for the lost jewelry, and items of significant, providing, of course, that there are not riders on the policy that require you to buy additional coverage for the jewelry.

You might try a small claims court action against the airline.

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Answered on 10/04/04, 4:39 pm


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