LEXIKON

The Austrian Supreme Court (24.04.2020, 7 Ob 184/19p; www.ris.bka.gv.at/jus) recently ruled that Flixbus is liable for the loss of luggage, but that the passenger may be partly to blame under certain circumstances. Contrary to the instructions on the booking confirmation, the passenger did not label the suitcase with the luggage tags provided for this purpose. The bus driver failed to point out the missing luggage tag to the passenger when loading the suitcase. The suitcase was nowhere to be found at the final stop.

In the opinion of the Supreme Court, the driver should have given the passenger a luggage tag and should not have loaded the unmarked suitcase. The passenger is responsible for a striking degree of carelessness, as he did not label the suitcase and did not ask the driver for a luggage tag. Flixbus therefore only has to compensate the passenger for two-thirds of the damage. It is therefore advisable to label your luggage with your name when traveling by bus and to take a photo of it as evidence in case of a dispute.