How to Claim Lost or Delayed Baggage Compensation

The large influx of travelers during certain times of the year, the shortage of qualified personnel, and the lack of planning by airports or airlines can lead to lost or delayed luggage. In some cases, damage, theft, malfunctions, or robberies may even occur.

When these incidents happen, the airline industry refers to it as "mishandled baggage." Historically, most issues occurred during connecting flights, particularly delayed deliveries and lost luggage. However, the rapid increase in operations after the COVID-19 pandemic has caused the problem to extend to all types of flights. In fact, the rates of lost, delayed, damaged, or stolen luggage, which had been declining since 2007, have started to rise again.

The majority of reported incidents, around 80%, involve delays in the arrival of luggage after flights. Another 13% relate to luggage that has been damaged or subject to theft. The remaining 7% corresponds to lost or stolen luggage that the owners were never able to recover.

If your luggage doesn’t arrive, arrives late, or in poor condition, you are entitled to claim compensation from the airline. You will need to prove the financial loss you suffered from the incident, and you can receive up to 1,288 SDRs (around £ 1,300), as stipulated in the Montreal Convention.

The Montreal Convention, signed on May 28, 1999, and in effect since June 28, 2004, regulates international air transportation among the states that have ratified it, replacing the Warsaw Convention. Its main goal is to standardize rules for international air travel, covering key aspects such as claims for lost or damaged baggage, personal injury, and flight delays.

Scope of the Montreal Convention

The Montreal Convention applies to the international transportation of passengers, baggage, and cargo, regardless of whether it is for commercial purposes or not. However, air transportation between two points within the same country is not covered by this convention, unless it involves domestic flights within the European Union. In such cases, the Montreal Convention applies under Regulation (EC) 889/2002. This means that domestic flights within the EU are also protected under the convention's provisions, even if they are not international flights.

Geographical Scope of the Convention

The convention has been ratified by numerous countries, including all EU member states, the U.S., Australia, and Japan. However, some popular tourist destinations such as Turkey, the Bahamas, Bolivia, Russia, Senegal, Sudan, Togo, Tunisia, Thailand, Niger, Mauritius, Gabon, Ghana, Mozambique, Costa Rica, Korea, Ivory Coast, and Cambodia have not signed the Montreal Convention. In these countries, the Warsaw Convention of 1929 remains largely in effect.

Routes Protected Under the Montreal Convention

The application of the convention depends on whether the departure and destination airports of the flight are located in contracting states. The table below outlines how the Montreal Convention applies based on the itinerary:

At the European level, the Montreal Convention was incorporated into legislation through Regulation 889/2002, meaning that domestic flights within the EU are also subject to its provisions, even if they do not qualify as international transportation. Additionally, this convention applies to round-trip flights that depart from or return to a contracting state, including those with destinations in non-signatory states.

The Montreal Convention ensures the rights of passengers in the event of baggage delays, damages, or losses during a flight. Airlines are required to provide compensation within established limits, ensuring proper protection for passengers in each situation.

Compensation for Baggage Delay

If your baggage is delayed, you are entitled to compensation of up to £1,300 per passenger. During the period you are without your belongings, you may purchase essential items such as clothing and toiletries, and the airline must reimburse these expenses within the stipulated limits. It is important to note that if the delay occurs on your return flight home, you will not be entitled to reimbursement for substitute purchases, as such expenses will not be covered. The compensation for delayed baggage covers both essential expenses and an additional payment for each day of delay, typically around £50 per day, up to a maximum of 21 days. After this period, the baggage is considered officially lost, even if it is recovered later.

Compensation for Lost Baggage

If your baggage is not located within 21 days, it will be deemed lost. In this case, you are entitled to compensation of up to £1,300 per passenger, which covers the value of both the luggage and its contents. For high-value items, it is recommended to make a special declaration of value when checking in the baggage, which will allow you to claim a higher compensation in case of loss.

Compensation for Damaged Baggage

If your baggage or its contents are damaged due to the airline’s responsibility, you can claim compensation based on the value of the suitcase and the affected items. The airline is required to offer a repair, replacement, or monetary compensation, with indemnity reaching up to £1,300, depending on the current value of the baggage. If the damage is repairable, the airline may choose to cover the repair costs instead of offering direct compensation.

It is crucial to report any damage immediately at the airport by filing a Property Irregularity Report (PIR). If you are unable to do so at that moment, you have up to seven days to submit a written claim to the airline. Attaching photos of the damage and proof of purchase for the suitcase or affected items can help streamline the claims process.

However, if the damage is due to improper packing or involves fragile items that were not properly protected, the airline is not obligated to compensate you.

Timeframes and Limits for Claims

The maximum time to submit a claim under the Montreal Convention is two years from the date of the incident. The compensation limit is £1,300 (or 1,288 Special Drawing Rights - SDR) per passenger, regardless of the number of checked baggage pieces. This convention provides a clear and fair framework to ensure that airlines meet their responsibilities and that passengers receive adequate compensation in the event of issues with their baggage.

If your luggage has been delayed, lost, or damaged, it’s crucial to take immediate action to ensure your right to compensation. Below, we’ll explain step by step how to proceed in each case so that you can successfully handle your claim.

How to file a claim

To begin a baggage claim, you must complete the Property Irregularity Report (PIR) at the airport. This document is essential for processing any issues related to your luggage, whether it’s delayed, lost, or damaged. If your flight was operated by multiple airlines, you can choose which airline to approach for compensation, regardless of whether it’s a charter, regular, or low-cost flight.

Steps to claim compensation for delayed luggage

1. Keep your boarding pass and checked luggage receipts
   If you don’t have your boarding pass, any document with your reservation code (a six-digit code) will be sufficient to process your claim.

2. Notify the airline immediately
   Report the loss or delay of your luggage before leaving the airport. The sooner you report it, the quicker the claim can be processed.

3. Fill out a PIR
   This official document is crucial for recording the incident. Once completed, you’ll receive a reference number to track your claim.

4. Track your luggage
   Airlines often offer online tracking tools so you can check the status of your baggage. This can help you plan your purchases while you wait for its arrival.

5. Keep receipts for essential purchases
   If your luggage is delayed, you are entitled to compensation to cover the cost of essential items such as clothing and hygiene products. Keep all receipts to claim them later.

6. File a delay claim once your luggage arrives
   After receiving your luggage, claim compensation for the delay, including any expenses incurred. Be sure to do so within 21 days of your luggage's arrival.

Lost luggage: What to do

1. Consider your luggage lost after 21 days
   If your luggage isn’t found after 21 days or the airline declares it lost earlier, you can proceed with your claim. Prepare a detailed list of the contents of the luggage and keep receipts to justify their value.

2. File a lost luggage claim
   Prepare a list of the items in your luggage and provide proof of their value, such as receipts. Although some airlines exclude certain items, you can receive compensation for those you can adequately justify.

Damaged luggage: Steps to take

1. Notify the airline immediately
   If your luggage arrives damaged, report it immediately at the airport. Although you have up to 7 days to do so, it’s best for the airline staff to verify the damage in person.

2. Fill out a damage claim form
   This document is necessary to record the damage to your luggage and claim compensation. Some airlines allow the process to be completed online.

3. Request a luggage inspection
   The airline will assess the damage and decide whether to repair the luggage, replace it, or offer you financial compensation.

4. Claim for damaged items inside the luggage
   If items inside your luggage were also damaged, you can claim compensation. Be sure to provide proof of the value of the affected items. However, note that airlines don’t always cover certain items, such as poorly protected fragile goods.

Final Tips

• Keep all documentation: Include invoices, receipts, and any proof that supports your claim.

• File your claim on time: Make sure to comply with the deadlines set by the airline and the Montreal Convention to avoid losing your right to compensation.

By following these steps, you’ll maximize your chances of receiving fair compensation for any issues with your luggage.