Unfortunately, baggage does not always arrive at its intended destination. Or, if it does, it might turn up damaged or with something missing. When this happens, an airline is liable for the damage under the Montreal Convention. But the Convention puts a maximum limit on the airline's liability of 1,131 Special Drawing Rights (SDRs) per passenger.
For more information choose from the index below and to find out how to make a claim for your mishandled baggage and the time limits within which you claim, look at our section on "Making a claim".
Delayed baggage (less than 21 days)Delayed baggage (more than 21 days)Lost baggageDamaged baggageLost or stolen itemsLimited Release TagsCabin baggage
Connecting flights
Delayed baggage (less than 21 days)
The reference to 21 days is taken from the Montreal Convention, and is the period of delay after which an airline must treat a bag as lost. Generally speaking, this makes a difference to how airlines settle claims. There are no set rules for how airlines must assess baggage claims. For delayed baggage, some airlines offer immediate one-off payments at a set amount to cover emergency purchases (such as toiletries or underwear). Some will pay a set amount per day up to a maximum of days. Others will not make cash payments at the time, but prefer to reimburse expenditure on essential items on seeing the receipts. But the general principle is to cover essential expenditure resulting from the delay to delivery of the baggage. Airlines generally do not accept any liability for inconvenience, stress or any consequential losses arising from the delay, unless they are required to do so as a result of court action.
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Delayed baggage (more than 21 days)
If your bag has still not been returned to you more than 21 days after your flight, the airline should treat it as lost and settle your claim on that basis (see “lost baggage” below)
Lost baggage
The Montreal Convention requires airlines to treat a bag as lost after 21 days. In assessing your claim, an airline may well ask for a list of the items that were in the missing bag, and possibly for original receipts. In doing this, they are behaving like insurance companies.
Like insurers, their offer of compensation will be unlikely to match a claim in full. In particular, they will probably reduce the payment because of depreciation. And remember that the airline's maximum liability is 1,131 SDRs (see above). You may find you can get a better settlement from your travel or home contents insurance, even after allowing for any excess on the policy. If you claim on an insurance policy, it is likely that your insurer will re-claim the money from your airline or its insurer.
Damaged baggage
The Montreal Convention states that claims for damaged baggage must be made within seven days from the receipts of bags. In assessing claims for damaged baggage, most airlines make a payment based on the value of the damaged bag or on any of its contents that were also damaged. They may ask for receipts, and they will probably apply a scale of depreciation to any payment. If it is just the bag or suitcase that is damaged some airlines simply offer a new one from their store cupboard.
Lost or stolen items
Where individual items are missing from baggage it is very difficult to get any compensation from an airline - because it is difficult to prove that the items were there in the first place. This is another reason to us only good quality luggage, not to put valuables in baggage checked into the hold, and always to have travel insurance.
Most airlines have a clause in their terms and conditions saying that they do not accept responsibility for perishable or valuable items (such as cameras, camcorders, mobile phones, documents or jewellery). It is arguable whether such exclusions are compatible with the provisions of the Montreal Convention in all circumstances. But remember that an airline is liable only for items that it has agreed to carry. If you packed items in your luggage that were listed as "items unacceptable as baggage" in the airline's conditions of carriage, you may not be able to claim against the airline if they go missing.
Limited Release Tags
When you check in certain items, some airlines attach a Limited Release Tag (LRT). Such items might include musical instruments, sporting equipment (bikes and surfboards etc) or even prams and buggies. These items are checked in on a limited release basis, where a carrier will attempt to remove its liability should the baggage be lost or damaged. Therefore you may find that the airline refuses your claim. However, our view is that if any airline accepts an item as checked baggage, it must accept liability for it as set out in the Montreal Convention.
If your journey involves connecting between more than one airline, you may be able to check in your bag for the entire journey at the first point of check-in. If you do, and something happens to your luggage, you can claim against any of the airlines that carried it. However, airlines generally expect passengers to submit their claim to the final airline. And sometimes an airline will try to blame the other airline and refuse to handle the claim. In either case, they are in breach of the Montreal Convention.
Cabin baggage
The Montreal Convention says that an airline is liable for cabin baggage only if the airline is to blame for what happens. So take care of your personal belongings - take the same precautions as you would in any other public place
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