Pets can now be categorised as luggage on European flights, according to a ruling by the continent’s highest court, the European Court of Justice. This means that pet owners will receive less compensation if their animal goes missing during a flight.
The decision was made following a case where a passenger attempted to claim compensation for her lost dog. The passenger, identified in court documents as Felicisima, lost her pet on a flight from Buenos Aires to Barcelona in October 2019.
Due to her size and weight, the dog, named Mona, was meant to travel in a pet carrier in the hold. However, she escaped while being transported to the plane and was never found.
The owner filed a claim with the airline for €5,000 (£4,340) for “non-material damage” as a result. While Iberia accepted responsibility for the dog’s disappearance, it argued that the amount she was claiming exceeded the limit for checked luggage.
The court ruled that the owner had failed to make any special declarations regarding the luggage, and therefore could not claim the €5,000 and was entitled to a smaller sum. “The court finds that pets are not excluded from the concept of ‘baggage’,” it stated.
“Consequently, for the purposes of air travel, a pet falls within the concept of ‘baggage’ and the compensation for the damage resulting from the loss of a pet is subject to the liability rules for baggage.”
Simon Calder, travel expert at The Independent, advised pet owners to try to take their animals on flights as cabin luggage whenever possible.
“The answer is to have a small pet that you can actually take into your cabin with you. A number of airlines will allow that. Of course, there are rules about how big it can be, but basically take your pet as cabin baggage if you possibly can.”