Three thousand euros for stress damage

Travelling is a pleasure, but sometimes it can turn into a nightmare. There are many people who, returning from a trip or arriving at their destination, lose track of their luggage at the airport. Once they land, they go to the baggage drop-off carousel, but after a few hours of waiting, they begin to realize that the worst has happened.

Like a couple from Pisa who went on a trip to Indonesia she turned to the Justice of the Peace and the Court of Pisa, obtaining a compensation of three thousand euros for “stress damage“. The two Tuscan tourists, as reported in the news published in Il Corriere, boarded a plane in Florence to reach Jakarta, but the much-desired vacation turned into an ordeal. The flight recorded well 24 hours late for stopovers that didn’t go as planned and, after finally landing, their luggage was missing.

Nightmare Vacation: Luggage Is Missing

A journey that began under an unlucky star but ended happily, even twelve years later. Tired from the tormented journey, the couple could not immediately reach the hotel for a little refreshment, but spent hours filling out documents and forms to file a report for the loss of their luggage. When this misfortune happens on the outward journey it is even more complicated, because you find yourself far from home in a foreign country with nothing left.

Forced to go out to buy the bare minimum to be able to stay a few days there in Jakarta, in constant contact with the company’s call center hoping to receive good news, the couple tried to enjoy the vacation they had been planning for months. Eight days passed before anyone showed up and confirmed that the luggage had been found.

Delayed baggage: what to do

Once back in Italy the two did lawsuit against the airline and, after a few days, the final judgment on the merits arrived on the compensation for the damages suffered. The couple was entitled to 3 thousand euros plus interest for the stress and inconvenience caused by the loss of their luggage in Indonesia.

When a delay occurs in the delivery of a baggage non-pecuniary damage is compensable. In fact, in addition to the loss of material assets this event causes anxiety and stress in those directly involved and the law also takes this into account. infringement of the right of circulation “understood as a limitation on freedom of movement resulting from the unavailability of one’s personal belongings during part of the stay abroad”it has a weight.

The judge Joseph Laghezza in fact, it ruled in favor of the couple, doubling the total amount that the company had to compensate, with this statement: “It is in fact evident that they could not have failed to suffer significant psychological distress, as a consequence of the lack of timely availability of the baggage containing their personal effects, so much so that they were forced to repurchase part of the latter to meet their first needs in foreign territory”. However, the compensation had a biblical course, since the payment was made now, twelve years after that certainly “unforgettable” trip.

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