Her luggage was lost, which she immediately informed the carrier about. After more than a month of fruitless searching, the consumer demanded compensation for the things that were in the lagguage. The carrier, however, referring to its regulation, refused to pay any money. In his view a consumer can claim for compensation only within one month from the date of the flight during which a luggage was lost.
Consumer had not done it before, because she was expecting all this time to find her suitcase. So she turned to the ECC Poland. Her claim was considered warranted, since the relevant provisions of the Montreal Convention does not stipulate any specific deadlines for complaint due to lost luggage. What is more, the Convention does not even states at which point the baggage changes its the status from delayed to lost. The carrier should not establish new, unfamiliar law terms unfavorable to consumers. Despite the efforts of ECC-Net, an agreement with the entrepreneur was not reached. The carrier persistently referred to the provisions laid down in its regulation.
Consequently, the ECC turned to the network CPC-Net (cooperation of consumer protection authorities of EU Member States), which is responsible for detection of violations of collective consumer interests. The contact point of CPC-Net network in Poland is the Office for Competition and Consumer Protection (the OCCP). The ECC has made a notification to the office with a request to take appropriate steps to eliminate the practice of carrier infringing consumer interests, not only in Poland but also in other EU countries. The OCCP contacted its affiliate office in Hungary.
As a result of conducted proceedings was stated that the rules of the carrier harms the collective interests of consumers. Thus, are illegal and should be removed. According to the information received by the the ECC, the carrier promised to correct provisions in its regulation.
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