Bags Inc. is the world leader in multi-airline remote check-in and luggage delivery services, and the premier provider of valet and guest services for the airline, airport, hotel, cruise, convention, and hospitality industries (and the ideal alternative to shipping luggage). Our legal counsel Wendy Pardew is often asked to provide her aviation expertise for various publications. In the Spring 2014 issue of General Aviation Security, the world’s authority on protecting general aviation, Wendy provides legal news for pilots and crew. The publication examines the issues and stories dealing with private and corporate aviation, private and general aviation airports, pilots, mechanics, and the industries that support general aviation.
If you are a pilot or part of a crew, it’s likely that passengers have given you baggage to store during the flight. The article examines the obligations and risks involved with storing that luggage.
Bags Inc. handles thousands of bags on a regular basis. One of those risks we face (thankfully not often!) is damage to or loss of baggage while it is in our possession. What is our responsibility when that happens? Replacing that luggage is not just the right thing to do; it is also our legal obligation.
Bags Inc. owner and founder Craig Mateer is grateful for the trust given by our customers and notes, “We do everything in our power to ensure we keep that trust.” From focused employee training to baggage‐tracking computer applications to onsite quality control audits, Bags Inc. undertakes a muli-faceted approach to meet and exceed customer expectations and the company’s responsibility to protect customer property.
Bailment is a contractual relatioonship that occurs when a person (the bailor) gives another person or company (the bailee) property to hold on a temporary basis, with the expectation that the property will be returned in the same condition. In the case of Bags Inc., that property is the luggage that we transport on our customers’ behalf. But the theory could also apply to pilots and crew. Depending on the size and type of aircraft, luggage could be stowed inside under a seat, outside in an exterior baggage compartment, or in an interior locked closet to which you are the sole key holder. Exclusive possession, control and dominion over property are crucial to determining whether a bailment exists. Whether a bailor can recover damages is very specific, and requires all elements of a bailment to be present. The article asserts that knowing the ins and outs of bailment theory and how it can apply to your role (and your company) is critical.