The Georgian Competition and Consumer Agency (GCCA) has established a violation of the Law of Georgia on the Protection of Consumer Rights by the Georgia branch of Qatar Airways.
In the case under consideration, a consumer used the services of Qatar Airways, during which the consumer’s baggage sustained damage. The consumer subsequently contacted the airline to seek appropriate remedial action, however, the Georgia branch of Qatar Airways refused to satisfy the claim.
The consumer submitted the complaint in full compliance with the established procedures, within the statutory seven-day period and via the airline’s official website. Notwithstanding this, the airline justified its refusal on the grounds that the claim had not been filed on the airport premises.
According to the Agency’s assessment, the consumer reasonably relied on publicly available information disseminated by the trader, which states that, in the event of baggage damage, a claim may be submitted within seven days from the date of baggage receipt. This condition constitutes an essential element of the service contract, as it defines the consumer’s right to seek appropriate remedies in cases of non-performance or improper performance of the service, including the assessment of baggage damage and compensation for the losses incurred.
Furthermore, as GCCA relies on internationally applicable rules and legislation when reviewing such cases, the matter was assessed in light of the Montreal Convention for the Unification of Certain Rules for International Carriage by Air. Under the Convention, the carrier’s liability is established in cases of destruction, loss, or damage to baggage, and the consumer is entitled to submit a written complaint to the responsible carrier within a seven-day period. The Convention does not recognize any additional formal barriers to the examination of such claims and renders null and void any contractual provisions intended to exclude or limit the carrier’s liability in such circumstances.
In addition, pursuant to Article 18(1) of the Law of Georgia on the Protection of Consumer Rights, a trader is obliged to provide services in accordance with the terms stipulated in the contract. In the present case, compliance with the seven-day deadline constituted an essential contractual condition, which the consumer duly observed. Accordingly, the airline’s refusal amounts to a failure to fulfill the contractual obligations related to the provision of services.
