Some Airlines Can Now Classify Traveling Pets as Cargo, Leaving Animals with Less Protection If They Are Hurt or Lost

Some airlines have changed the classification of traveling pets to cargo, reducing the level of protection for animals in case they are harmed or lost during the journey. This decision came about after a legal battle between an airline and a passenger whose dog vanished before a flight.

The European Court of Justice recently made a ruling that pets traveling in the cargo hold of a plane can now be considered as baggage. This means that airlines are not obligated to provide higher compensation if the pet goes missing or is injured during the journey. The ruling stems from an incident involving an Argentine passenger whose dog, named Mona, disappeared at Ezeiza Airport in Buenos Aires while en route to Barcelona in 2019.

Mona, the missing dog, managed to escape from her carrier as she was being transported to the plane and could not be found thereafter. The owner of the dog, Grisel Ortiz, observed the chaotic scene from inside the aircraft. Despite the efforts to locate Mona, she remained missing, causing immense distress to her owner.

A significant court case ensued over a six-year period, with Ortiz seeking damages from the airline for the loss of her pet. Although Iberia accepted responsibility for the incident, they argued that compensation should be limited according to the Montréal Convention, an international agreement covering airline liability.

In their ruling, the ECJ sided with the airline, stating that pets do not fall under the category of passengers but rather as part of baggage. This decision means that the compensation for any harm suffered by a pet while in transit follows the same regulations as those for lost or damaged baggage.

Ortiz’s lawyer expressed disappointment with the ruling, highlighting the missed opportunity to advocate for stronger legal protections for animals in transit. The lawyer emphasised that the ECJ’s decision reflects a lack of enhanced rights for animals and their caretakers compared to inanimate luggage.

As a result of the court ruling, Mona’s owner is entitled to a specific amount of compensation due to the absence of a special declaration before the flight. Ortiz had hoped for a higher payout, but the court’s decision is binding regarding the final sum to be awarded.

Despite the outcome, efforts to find Mona continue, with Ortiz creating a Facebook group and offering a cash reward for any information leading to her discovery. The case serves as a reminder of the challenges and legal frameworks surrounding the safe transport of pets by airlines.

In conclusion, the reclassification of pets as cargo by certain airlines following the court ruling has raised concerns about the level of protection afforded to animals during air travel. This case sheds light on the complexities and implications of transporting pets by plane, prompting discussions on ensuring their safety and welfare in such situations.