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What if your pet is injured during a flight?

There are no specific rules regarding compensation if a pet is injured while being transported in the cargo hold of an aircraft. If a suitcase is lost or damaged its owner has a right to compensation of up to 1,600 euro. But what if something happens to your pet while it is in transit? For the purposes of compensation your pet will be treated in the same way as any other item of luggage.   

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Isabelle Dewinkeler from Koorbeek-Lo’s (Flemish Brabant) dog Woody was injured during a TUI flight to Tenerife, in the Cannery Islands. Animals that weigh more than 8kg are not allowed to accompany their owners into the cabin of an aeroplane.

Isabelle Dewinkeler told our consumer team what happened. "I had to check Woody in and he and his dog crate was taken to the cargo hold. Things went badly wrong on the conveyor belt. The crate dropped down from quite a hieght and Woody hurt his paw. Since then, Woody has been really frightened. So much so that he is receiving treatment from a canine psychologist”.

Isabelle received compensation from TUI to cover the vet’s bills for Woody’s paw and the damaged dog crate. However, the medical bills from the canine psychologist were not reimbursed. "When I told them that since the incident he has suffered with anxiety issues and is receiving treatment, I was told that they do not wish to reimburse me for this”. 

TUI has a change of heart

TUI explains why it only reimburses customers for medical treatment on physical injury suffered by pets in or on the way to/from the cargo hold of one of its planes. "If you put an animal into the cargo hold it is almost always quite stressful for it. In the past we have received complaints from people that said that their pet was no longer the same after a flight. We are not going to point the finger at pet owners, but it is the case that some breeds of dog are more susceptible to stress than others. This is why we have always opted not to reimburse bills for therapy”.

But didn’t the anxiety issues suffered by Isabelle’s dog come about as a result of what happened of the conveyer belt after check-in? After Isabelle Dewinkeler and Woody’s case had been discussed in VRT Radio 2’s consumer affairs programme 'WinWin' TUI had a change of heart. "Every week we transport dozens of dogs, and it is highly exceptional that something like this happens. We have reexamined the case, and we have to concede that there is a causal link with what happened. Consequently, we will pay the family 250 euro, which is approximately the sum they had asked for”.

There is more, in future TUI will reimburse therapy costs for pets if a causal link can be proved between an incident for which it was responsible and the mental anguish suffered by an animal. “You can of course go very far with this kind of thing. This is why we have set a maximum figure of 250 euro for psychological care. We will only pay this out if there is a causal link with the accident and not if an animal just leaves the plane in a confused state”. 

Who can you turn to as a customer? 

In principle it is the baggage handling company at the airport that is responsible for any damage to or loss of a passenger’s luggage. This also applies to pets. Nevertheless, any claims must be made via the airline and not the baggage handler.

The rules regarding compensation are clearly defined in the Montreal Convention. If damage and liability can be proved, as a customer you have a right to up to 1,600 euro in compensation. This rule applies to all cargo hold luggage and not specially to pets.

The Federal Consumer Protection Minister Rob Beenders (Flemish socialist) explains that "It is indeed the case that there are no specific rules pertaining to animals that are being transported in the cargo hold of a plane. The issue here is not whether or not a dog is considered as luggage. The Convention neither states that it applies to pets nor that it doesn’t apply to them”.

"People probably wouldn’t take a case like this to court as the sums involved are relatively small. This is why we aim to provide consumers with maximum protection outside of the courts. In many cases mediation, for example through an ombuds service, can provide a solution”. 

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