Luggage trolley with suitcases at the hotel entrance

If suitcases do not turn up on the conveyor belt at the airport, they are often not delivered to the hotel until days later. Image: Olena Yakobchuk / Shutterstock

Problems with my baggage - What am I entitled to?

Travel by Plane

Since 28 May 1999, the Montreal Convention has governed all passenger claims relating to baggage and the liability of airlines. Among other things, the Montreal Convention determines what claims you as an air traveller have against the airline if your luggage

arrives late,
gets lost,
or if it ios damaged during transport.

If your baggage arrives late, the Montreal Convention gives you certain rights to compensation for emergency purchases. In the event of loss or damage, the convention stipulates compensation.

Where do these provisions apply?

The Montreal Convention is an international treaty that applies almost worldwide in 131 UN countries and the Cook Islands and applies to all flights departing from and arriving at airports in countries that have signed the Convention. This means that it applies to almost all countries that EU citizens usually travel to. In the few remaining countries, the older Warsaw Convention applies. However, this will not be discussed in detail here, as in practice it is only used in exceptional cases. Regulation (EC) No. 889/2002 extended the liability rules of the Montreal Convention to the entire EU territory, including all domestic flights.

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Clear EU regulations

Liability rules

Most airlines mention in their General Conditions of Carriage (GCC) which items you should carry in your hand baggage. In addition to valuables and documents, this also applies to fragile items such as cameras and laptops. Apart from this, many airlines require you to stow medication in your hand luggage in any case, as it can often be impossible or extremely expensive to buy a replacement abroad. There are often restrictions on the maximum quantity or container size for liquid medication.
If a piece of checked baggage was already defective or an item checked in as baggage was not packed properly, airlines are not liable. In practice, this sometimes happens with checked-in sports equipment and musical instruments. If you do not adhere to the above recommendations on what should be carried in hand baggage, it will be difficult to claim compensation out of court.

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Hand luggage regulations

Fill in the PIR form

Blank ‘Passenger Irreularity Report’ form from the airport

Fill in the PIR at the airport (lost baggage counter) or online on the airline's website Image: British Airways - Delayed Baggage tracking form - Screenshot 02-2022

In the event of any problems with baggage, it is important to complete the PIR form (Property Irregularity Report) straight away. In it, you provide contact details and information about the missing or damaged item of baggage. If you accept damaged baggage without reservation, it is assumed that it was undamaged and makes it more difficult to make a claim at a later date.

You should keep a copy of the PIR. If you complete the PIR online on the website of the operating airline, take a screenshot after completing it to be on the safe side. To submit a PIR online, you usually need your flight number (see invoice or ticket - 6 digits of letters and numbers) as well as the baggage number. The baggage number is the code on the sticker you received at check-in. If you do not have the baggage code, you cannot submit the PIR online and should instead go to the loss counter at the airport.

British Airways Gepäcksaufkleber mit hervorgehobenem Code des Gepäcksstücks

Find the baggage code on the label Image: Screenshot British Airways 02 -2022 - Luggage sticker

You will have received a baggage claim sticker with your boarding pass at the check-in counter or at the self-check-in machine. This baggage claim sticker is required in some African and Asian countries at regular baggage reclaim. Otherwise, you will only need it if there are problems with your baggage. Each item of checked baggage has its own code. In the event of problems, present this sticker at the counter for problem cases. These are usually located not far from the baggage carousel. If necessary, ask for the “baggage reclaim counter” or the “customer service counter” where you would like to make the damage report (PIR report).

Replacement purchases and compensation

Where is the baggage? Empty conveyor belt at Hong Kong airport Image: Sorbis/shutterstock

Delayed baggage

Until your baggage arrives, you have the right to purchase the “most necessary” items locally and later charge the airline for them. This includes toiletries and some clothing, depending on the purpose of the trip. For example, less clothing is absolutely necessary for a beach vacation in a beach hotel than for a wedding. The appropriate amount of replacement purchases also depends on whether your luggage was delayed on the outbound or inbound flight.

Normally, hardly any replacement purchases are necessary on the flight home. In any case, you are obliged to keep expenses as low as possible when purchasing replacement items (duty to minimize damage). You are also required to keep receipts for all replacements. In practice, airlines pay for toiletries in full and only half of any additional items of clothing and everyday items purchased. The reason for this is that you are allowed to keep the newly purchased items regardless of the delay in subsequent delivery.

Who bears the costs for the subsequent delivery of the delayed suitcases?
In most cases, airlines will offer to redeliver suitcases free of charge. If not, you should in any case insist on reimbursement of costs, as under §19 of the Montreal Convention airlines must pay for various damages caused by delays. So if you have to go back to the airport to pick up your delayed baggage or have delivery costs to your current location (e.g. on a round trip), you should definitely claim these expenses.

Luggage damaged, destroyed or lost

If your baggage comes off the conveyor belt broken, you are entitled to reimbursement of the repair costs. In any case, you should first contact the airline and ask about their procedures in such cases! Airlines often ask for a cost estimate. However, only have the estimate made if the airline requests it so that you are not left with the costs. You can obtain the estimate from specialist stores, and the airline will sometimes give you the names of specific contractors. If the damage is extensive and the repair would be higher than the current value, you can request the replacement of the current value of the baggage in writing. As a rule, this is also determined by a specialist company selected by you or specified by the airline. Please note that a strict deadline of 7 days applies.

Normally, the airline is only liable for checked baggage and its contents up to a standardized maximum amount, which is regularly adjusted internationally. If you want to insure a piece of baggage with contents up to more than the standard maximum amount, you can pay a surcharge at check-in and the airline will then be liable up to this higher amount.
If an item of baggage does not arrive within 21 days, it is considered lost. Lost suitcases and their contents must be replaced by the airline. It is therefore advisable to have a list of the contents of the suitcase with credible details of its value. In addition to the initial monetary value (preferably with old invoices, if available), the items listed should also include an age for determining the current value.

Deadlines and maximum damage report

You must submit a written claim to the contractual or operating airline. You can currently claim a maximum of 1519 SDRs from the airline for baggage damage. These so-called “special drawing rights” are a maximum amount and currently correspond to around €1868. This value is adjusted for inflation every five years by the ICAO. Most recently on 28.12.2024.

Report any baggage problems immediately at the airport for better evidence despite longer deadlines!

Report damage to luggage
- Hand baggage (cabin baggage): Immediately after discovery of the damage
- Checked baggage up to a maximum of 7 days from receipt of the baggage
Delay of checked baggage
- It is better to report it at the airport (reliable evidence)
- report replacement purchases made up to a maximum of 21 days from receipt of the redelivered baggage, otherwise the claim expires

Baggage delayed - what to do?

Fill in the PIR form at the baggage service counter (or online) at the airport
Purchase replacement items such as toiletries and essential clothing and keep receipts for these
Within 21 days of your baggage arriving, claim these additional costs from the airline in writing. Enclose copies of your ticket, boarding pass, baggage tag, PIR carbon copy and the invoices for replacement purchases with the sample letter

Light blue pictogram shows suitcase with question mark

Luggage not there

Damaged luggage - what to do?

Fill in the PIR form at the baggage service counter (or online) at the airport and ask the airline how to proceed and whether and where you should obtain a cost estimate yourself or whether a contract airline will automatically take care of the repair.
If the airline requests a cost estimate for the repair costs, have the current value of the baggage determined in a specialist store (possibly designated by the airline) and obtain the cost estimate.
Claim compensation within one week by sending the sample letter “Damage to baggage” to the operating airline.
If the contents of the baggage have also been damaged, check whether it was allowed to be transported in accordance with the transportation regulations and add the current value of the damaged item to the amount claimed. If available, enclose an invoice as proof of the value.

Red pictogram shows case with dented corner

Damaged luggage

Lost luggage - what to do?

Fill out the PIR form at the Baggage Service counter (or online) at the airport. After 21 days, baggage that has not arrived is considered lost.
If requested by the airline, have the current value of the baggage determined by a specialist store (possibly designated by the airline).
Create a table with the current value of the baggage and the items lost in it. Depending on the airline, the depreciation amounts to 10-30% per year of use. If you still have invoices from the purchase of the suitcase or the lost items in it, enclose them. Only material damage will be compensated, no additional compensation for lost cherished items.
If you did not know that the baggage was lost and untraceable, you can add the cost of emergency purchases (toiletries, clothing) as for delayed baggage up to the point at which you became aware that you would not receive the baggage or 21 days have elapsed.
Adapt the sample letter “Loss of baggage” to your requirements and send it to the airline. To ensure that your claim does not become time-barred, complete it promptly. Enclose copies of your ticket, boarding pass, baggage tag, PIR copy and invoices for replacement purchases with the sample letter.