Luggage Limitations of Liability
1. Damage to Luggage
Luggage by nature is designed to protect its contents and provide suitable protection for the contents of the luggage. Allegiant Air is not responsible for any damage to luggage that does not impair this ability.
During the course of normal handlings, whether luggage is new or used, it will acquire evidence of use and wear. Allegiant Air will not be responsible for the following damage to the following items:
- Scratches, scuffs, minor cuts, dents, nicks, stains or soiling resulting from normal wear and tear;
- Protruding parts such as wheels, locks, feet, straps, legs, pull handles (including internal pull-type frame handles), hangar hooks, loose flaps or outside pockets, ornaments of any nature, items attached to luggage, e.g., items strapped onto bag as additions;
- Damage due to bags that are oversized or over-packed, e.g., split or pulled seams and zippers, cuts, tears, punctures caused by internal contents;
- Manufacturer defects, e.g., cuts caused by interior metal frames, runs in fabric causing splits or tears in luggage material, pull handle casing/attachments/rivets pulled away from frame or material.
Allegiant Air will not accept liability for damage to a bag not attributed to the negligence of Allegiant Air, including without limitation where the damage is inconsistent with the type of damage typically caused by airlines, inconsistent with the operational equipment used by the airline, or inconsistent with information on the claim e.g., age and degree of use of bag, previous damage observed or documented. Allegiant Air will not accept liability for damage due to leakage from another passenger’s bag, except for claims arising from international flights covered by the Montreal Convention.
2. Damage, Delay or Loss to Luggage Contents
Allegiant Air does not accept liability for the delay, loss or damage to, or caused by, the following or similar items contained in either checked or carry-on luggage, except for claims arising from international flights covered by the Montreal Convention:
- medicines, orthotics and optics (except for assistive devices of passengers with disabilities),
- securities, business/personal documents, negotiable papers,
- publications, blueprints, photographs, items intended for sale,
- business equipment, business samples, books and manuscripts,
- artistic items, paintings/works of art,
- natural fur products, antiques, heirlooms,
- photographic/electronic/video equipment and related items,
- computer hardware/software, electronic components and equipment,
- sound reproduction equipment,
- collectables, artifacts, antiques, irreplaceable items,
- precious metals/stones, money, jewelry, silverware,
- keys, spirits.
Allegiant Air prohibits the foregoing items being placed in checked baggage.
3. Limited Release
The following categories cover items that the airline may, but is not obligated to, conditionally accept as checked baggage, subject to the customer’s assumption of risk for damage, delay or loss to these items.
These types of items will not be accepted as checked baggage unless a Limited Liability Release tag is attached to the bag and is signed by the customer. The airline accepts no liability for loss, delay or damage to any of the items in these categories, except for claims arising from international flights covered by the Montreal Convention.
Fragile or perishable items will not be accepted as checked baggage unless:
- they are properly packed in an original factory-sealed carton or case specifically designed for shipping such items and,
- the item does not pose a risk of damage to other checked baggage.
Many items, such as the following partial list of examples, will not withstand routine baggage handling.
- shopping bags, thin department store garment bags; grocery or garbage bags;
- hat boxes, wig boxes, cardboard boxes, cosmetic cases;
- musical instruments, delicate instruments;
- photographic equipment, radios, electronics, computers;
- framed items, artistic items, display cases, paintings;
- liquids, glasses;
- boogie boards, fishing rods, tennis rackets.
Allegiant Air will not be liable for any damage previously done to luggage as indicated on the Limited Liability Release tag.
Due to late check in, the airline cannot assure that customer’s baggage will travel with them and will not assume liability for damage, delivery charges or consequential expenses incurred resulting from the bag’s failure to arrive on the same flight as the customer traveled.
4. Claims May be Denied or Delayed in Processing If….
- The claim is not signed by customer,
- The claim was not completed and submitted to airline representative (at the airport in the case of damage claims) within 4 hours of flight arrival for damaged bags and within 24 hrs for missing contents,
- The claimed damage/loss is not covered,
- The claim is not completed in its entirety and correctly, adhering to all instructions on claim, e.g., notarized, receipts submitted, itemization,
- The claim is not returned by date stated on claim form (Customer Property and Missing Property),
- The claim is determined to be a fraudulent claim.
5. Your Luggage Will NOT be Delivered to You If….
- You are a late check-in and your bags do not arrive on the flight with you,
- You are traveling non-revenue and your bags are delayed.
6. Limitation of Liability
The liability, if any, of Carrier for loss of, damage to, or delay in the delivery of checked or unchecked baggage and/or its contents, with the exception of wheelchairs, mobility aids, and assistive devices used by an individual with a disability, is limited to the proven amount of damage or loss, but in no event shall be greater than three-thousand, five-hundred dollars ($3,500) Domestic or 1,131 Special Drawing Rights International per fare-paying passenger. Carrier will compensate the passenger for reasonable, documented damages incurred as a result of the loss of, damage to, or delayed delivery of such baggage up to the limit of liability or declared valuation, whichever is higher, provided the passenger has exercised reasonable effort to minimize the amount of damage. Actual value for reimbursement of lost or damaged property shall be determined by the documented original purchase price less depreciation for prior usage.
Carrier's liability with respect to damage to wheelchairs, other mobility aids, and assistive devices upon which an individual with a disability is dependent shall be the documented cost of repair. If a wheelchair, mobility aid, or assistive device is lost or irreparably damaged, the criteria for calculating the compensation for a lost, damaged, or destroyed wheelchair or other assistive device shall be the original purchase price of the device without depreciation. Carrier will also compensate the passenger for other reasonable expenses incurred as a result of the loss of, damage to, or delayed delivery of the wheelchair, mobility aid, or assistive device.