Passengers sued Aeroflot for compensation for moral damage after the loss of luggage

St. Petersburg tourists sued Aeroflot after losing their luggage on a flight from the Northern capital to Hong Kong. The airline was ready to reimburse passengers for material expenses, but the plaintiffs also demanded compensation for moral suffering.

According to the case file, two women in early January flew by Aeroflot from St. Petersburg to Hong Kong with a transfer in Moscow. In China, tourists were informed that their suitcases remained in Russia, including light clothes. The travelers had to buy new outfits, as well as personal hygiene products. Aeroflot brought the suitcases only 3 days later.

Upon returning home, the Petersburgers appealed to the airline with a claim. They demanded to pay a fine for late baggage delivery, reimburse the money spent on the purchase of basic necessities and declared their moral suffering, which was estimated at 50 thousand rubles. Aeroflot agreed to satisfy all customer requests, except the last one. Then the women decided to go to court.

At the meeting, the representative of the carrier explained that things did not have time to be loaded on the flight to Hong Kong, as the flight from St. Petersburg arrived in Moscow with a delay. In general, the airline does not absolve itself of the blame, but there are questions about the moral suffering of the passengers. 

“Objecting to the satisfaction of the stated requirements, the defendant referred to the fact that compensation for moral damage is not provided for by the Convention for the Unification of Certain Rules of International Carriage dated 05/28/1999 (Montreal Convention), the Air Code of the Russian Federation and the defendant’s regulatory documents,” the press service of the United Courts of St. Petersburg reported. 

However, the judge did not accept these arguments and pointed out that the moral harm caused to women due to delayed baggage in this case falls under the law “On Consumer Protection”. As a result, the claim was satisfied, but the amount of compensation was reduced by 5 times – up to 5 thousand rubles per tourist. 

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