Filing a Lawsuit Against an Airline in Kuwait: Requirements, Procedures and Compensation
By Lawyer Riyadh Al-Fadli / November 09, 2026
Filing a Lawsuit Against an Airline in Kuwait: Requirements, Procedures and Compensation
You may file a lawsuit against an airline in Kuwait to recover amounts owed or seek compensation for harm arising from air carriage, after establishing the jurisdiction of the Kuwaiti courts, identifying the responsible company and determining the applicable legal rules. Preparing a claim begins with documenting the incident, submitting a written complaint and collecting evidence of loss while observing the relevant deadlines.
The dispute may involve a delayed or cancelled flight, damaged baggage or late baggage delivery. Each situation requires supporting documents and legal assessment. Organizing the file from the outset helps clarify the relief sought and substantiate the amounts claimed.
When Can You Claim Compensation from an Airline?
The Montreal Convention addresses carrier liability for damage caused by delay and for the loss of or damage to checked baggage. It also governs passenger death or injury, subject to its conditions.
For damage caused by delay, a carrier may avoid liability by proving that it took reasonable measures to prevent the damage or that taking such measures was impossible. A delay alone therefore does not determine the compensation payable. [1]
Flight cancellations and ticket refunds require a review of the reason for cancellation, booking conditions and applicable regulations, including any special instructions issued for particular circumstances. Civil aviation instructions emphasize the importance of explaining refund conditions to passengers. [2]
Type of Dispute | Recommended Documents | Issues to Assess |
|---|---|---|
Flight delay | Booking, scheduled and actual times, airline messages and expense receipts | Loss caused by the delay and reasons for the incident |
Flight cancellation | Cancellation notice, ticket conditions and alternative travel or refund offer | Amounts owed and rights under applicable rules |
Delayed baggage | Baggage tag, airport report, delivery date and receipts for essentials | Expenses connected with the delay and supporting evidence |
Damaged or lost baggage | Photographs, report, inventory and evidence of value | Nature of the damage, value of the loss and liability limits |
Travel agency dispute | Invoice, payment receipt, booking conditions and correspondence | The agency’s obligations and responsibility |
Which Law Applies to an Airline Claim?
Kuwait is a party to the Montreal Convention 1999, which entered into force for Kuwait on 4 November 2003. However, its application to the disputed contract of carriage must be checked. A flight’s connection with Kuwait does not remove the need to examine its route and conditions of carriage. [3]
Assessing the file includes reviewing the ticket, identifying the contracting and actual carriers where they differ, examining where the contract was made and the destination, and considering court jurisdiction.
How Do I Complain About an Airline in Kuwait?
1. Document the Problem Immediately
Keep your ticket, boarding pass and flight-change notifications. For baggage problems, visit the baggage services desk, open a report and request its reference number and a copy.
Record the sequence of events, including dates and times, and retain original receipts for expenses connected with the incident.
2. Send the Airline a Written Claim
Use the airline’s official complaints channel and include:
The passenger’s name, booking reference and ticket number.
The flight number, date and route.
A description of the problem and when it occurred.
The loss suffered, the amount claimed and how it was calculated.
Supporting documents and contact details.
Keep proof of submission, the complaint reference and any written response.
3. Ask Civil Aviation About the Appropriate Complaint Route
Consult the official civil aviation contact channels to identify the department responsible for your complaint. The official contact page lists 161 as the airport call centre number and refers passengers experiencing travel problems to the supervisor’s office inside the terminal. [4]
If the dispute continues, a court claim remains a separate option requiring its own assessment.
Steps for Filing a Lawsuit Against an Airline in Kuwait
Step 1: Identify the Defendant
Check the company’s legal name and its role in booking and operating the flight. If you booked through a travel agency, determine whether the dispute concerns the agency’s obligations or the carrier’s performance.
Step 2: Establish the Competent Court
Examine whether the Kuwaiti courts have international jurisdiction, then determine the appropriate court within Kuwait based on the nature and value of the claim and the applicable rules.
This should be resolved before drafting the statement of claim.
Step 3: Prepare the Supporting Documents
You should prepare:
A copy of your Civil ID or passport.
The ticket, booking confirmation and proof of payment.
Airline correspondence, the complaint and responses.
The baggage report, where applicable.
Expense receipts and evidence of loss.
Medical reports if the claim involves an injury.
A power of attorney and translated documents where required.
Step 4: Draft the Statement of Claim
The statement should set out the facts, legal grounds, proven losses and specific relief sought. Separating the ticket price from additional expenses and other heads of loss makes the claim clearer.
Step 5: Register and Follow Up on the Case
Complete filing, fee payment and service requirements before the competent court. Follow the hearings, responses and documents through to judgment, then assess appeal and enforcement procedures according to the case.
Important Deadlines for Baggage and Air Carriage Claims
Where the relevant rules apply, note the following deadlines, which are also stated in Kuwait Airways’ published conditions of carriage. [5]
Action | Deadline |
|---|---|
Written complaint about damaged checked baggage | Immediately after discovering the damage, and no later than 7 days after receipt |
Written complaint about delayed baggage | No later than 21 days after the baggage is placed at the passenger’s disposal |
Bringing a compensation action subject to the two-year period | Within two years of arrival, the date the aircraft should have arrived, or the date carriage stopped, as applicable |
Do not assume that pursuing a complaint or negotiating extends the deadline for bringing court proceedings.
Check the deadline applicable to your case early. Do not rely solely on an airport report without confirming that the required written claim has been sent.
How Much Compensation Can You Claim for Flight Delays or Lost Baggage?
Compensation depends on proven loss, the applicable rules and liability limits. Under ICAO’s revision effective from 28 December 2024, the general Montreal Convention limits are as follows, subject to legal conditions and exceptions. [6]
Type of Damage | General Liability Limit |
|---|---|
Damage caused by delay in passenger carriage | 6,303 Special Drawing Rights per passenger |
Lost, damaged or delayed baggage | 1,519 Special Drawing Rights per passenger |
These are liability limits, not amounts paid automatically.
A Special Drawing Right is not a Kuwaiti dinar. Conversion requires applying the relevant legal rule and exchange rate.
Prepare a schedule listing each amount claimed, its supporting evidence, its connection with the flight problem and any amount already refunded.
Court Fees and Case Duration
Fees must be checked against the value and nature of the claims and the rules in force when proceedings are filed. A fixed percentage should not be assumed for every airline lawsuit without verification.
The duration of a case varies depending on service of proceedings, the airline’s defences, the documents and any expert evidence required.
Appeal deadlines must also be checked according to the type of judgment, whether it is appealable and when the relevant period begins.
Lawyers and Contact Details
You may contact Ineqad Law Firm for Legal Consultancy to present your file and identify the appropriate lawyer.
The numbers below are the firm’s central contact number, not the lawyers’ personal numbers. The names and contact information appear on the firm’s website. [7]
Lawyer | Firm’s Central Contact Number |
|---|---|
Lawyer Fahad Al-Saeed | +965 6666 8811 |
Lawyer Riyad Al-Fadhli | +965 6666 8811 |
Lawyer Ahmed Al-Fadhli | +965 6666 8811 |
Ahmed Mohamed Naguib Abdelhadi | +965 6666 8811 |
Ahmed Salah Al-Serri | +965 6666 8811 |
Frequently Asked Questions
Can I Sue a Foreign Airline in Kuwait?
This requires checking the jurisdiction of the Kuwaiti courts, international carriage rules and the contract’s connections with Kuwait, while identifying the company against which the claim should be brought.
Is a Civil Aviation Complaint Enough to Obtain Compensation?
A complaint allows the issue to be presented to the relevant authority. Recovering a disputed amount may require a settlement with the airline or court proceedings.
Am I Entitled to Compensation Simply Because My Flight Was Delayed?
A claim for damage caused by delay requires identifying the loss and proving its connection with the delay, while considering the applicable rules and the airline’s defence. [1]
What Should I Do If My Baggage Arrives Damaged?
Photograph the damage, open a report, retain your baggage tag and send the carrier a written complaint within the applicable deadline. [5]
Should I Accept a Travel Voucher Instead of Compensation?
Before accepting, review the offer’s terms, the voucher’s validity and whether acceptance amounts to a final settlement or a waiver of other claims.
Legal Advice on an Airline Claim
If you have experienced a flight delay, cancellation or baggage problem, prepare your booking reference, airline correspondence and receipts documenting your loss.
You can present these to Ineqad Law Firm for Legal Consultancy to assess the appropriate course of action.
Contact Us on WhatsApp About an Airline Claim
Phone and WhatsApp: +965 6666 8811
Website: ineqad.com
Email: info@ineqad.com
This information is general. The appropriate procedure depends on a review of the contract of carriage and the facts of the case.
