Baggage claim: what happens if an airline loses or damages your luggage

Thankfully, whether your baggage is delayed, lost or damaged, you do have consumer rights as a passenger.

Flying in the EU – what are my rights?

Under the Montreal Convention, an international legal agreement, the airline is liable if your checked bag gets delayed, damaged, or lost. However, it’s important to note that unlike some other consumer rights, there are very strict time limits for making a claim.

What is considered delayed, lost or damaged baggage?

Under the Montreal Convention, which applies automatically to all EU and worldwide air travel, baggage issues fall into three categories:

1. Delayed baggage: Your checked luggage does not arrive on the same flight and is delivered later.
2. Lost baggage: The airline cannot locate your bag after a reasonable search period and declares it lost. Typically, this happens when the bag has not been found after 21 days, though airlines may declare it lost earlier. Please note that if the bag is delivered to you after 21 days it is nonetheless considered lost so you should still be entitled to compensation as outlined below.
3. Damaged baggage: Your luggage arrives, but the suitcase or its contents show physical damage resulting from handling during transport.

Step by Step guide for handling baggage issues

Delayed or lost luggage

1. Report the issue immediately to your airline in the airport baggage hall.
2. You will be asked to fill out a property irregularity report (PIR).  A PIR provides your luggage details and a contact address for baggage follow-up. Ensure you keep a copy of the PIR by requesting a copy or taking a photo of the document for your records. The PIR is essential if you wish to make a claim as most airlines will not even consider a claim not supported by a PIR.
3. Any missing luggage is officially considered lost after 21 days. You can claim compensation for the cost of replacing essential items while you wait for it to be found. Keep costs reasonable when replacing your essentials because the airline will ask you to provide receipts or invoices both for what you lost and what you bought replacing them. For example, if you buy a €100 shirt to replace the €15 one that was in your luggage, the airline will not pay for it.

Damaged luggage

1. Report the issue immediately to your airline in the airport baggage hall.
2. As above, you’ll be asked to fill out a PIR.  Ensure you keep a copy of the PIR. The PIR is essential if you wish to make a claim.
3. You have 7 days to make a claim for damaged baggage. This claim will be directly with the airline, so check the airline’s website for how to make a baggage issue claim.
4. If the damage affects items in your bag, you may claim for these damaged items also.
5. You will be asked to provide a copy of all relevant receipts for anything claimed.
6. It’s important to note that the airlines take the depreciation of items worth into account when deciding on relevant compensation, so the older your baggage is, the lower the compensation you may be entitled to.

My baggage has been lost and I had valuable items inside; what are my rights?

Most air carriers decline responsibility for valuable items such as jewellery and electrical goods carried as checked baggage. Always read the terms and conditions of carriage and take precautions, for example, by carrying valuable items in your hand luggage or by taking out insurance that provides adequate cover on specific items.

Is the airline responsible for minor wear and tear?

Unfortunately, no. Airlines generally will not accept claims for small cosmetic damage such as scratches, scuffs or minor dents which do not affect the use of the baggage.

What evidence do I need to make a baggage claim?

It is recommended that you attempt to obtain the following as this will make your claim strongest with the airline:

• PIR (Property Irregularity Report)
• Boarding pass and baggage tag
• Photos of your bag before/after travel
• Receipts for damaged items or essentials purchased during delay
• Proof of ownership (receipts, photos, bank statements)

What should I do if the airline refuses to compensate me?

If you are dissatisfied with an airline’s response, you should make an official complaint to them using their complaints process. For help drafting a complaint, check out the Letter Templates section of the ECCI website.

If your complaint to the airline remains unresolved and where the compensation claim is for €2,000 or less, you can use the Small Claims Court procedure.

What if I encounter an issue and I’m flying with an airline based outside the EU?

The Montreal Convention is recognised by 140+ countries around the world, including all EU member states, however the avenues to make a claim will be different in different places. You should check the terms and conditions of your flight booking for further details of your rights and entitlements in instances of lost or delayed luggage.