Potential Consequence if Luggage Goes Missing
In the world of international travel, it's not uncommon for luggage to face various mishaps. Whether it's loss, delay, or damage, passengers have rights under the Montreal Convention, an international air transport law. Here's a breakdown of what you can expect when faced with such situations.
First and foremost, if your suitcase goes missing, it's crucial to report the loss immediately to the airline or their local representatives at the airport. If you're on a package holiday, also inform your tour operator promptly.
Under the Montreal Convention, the airline is liable for loss, delay, or damage of checked (and unchecked) baggage during international flights between treaty countries. The key compensation guidelines are as follows:
- The airline’s maximum liability is limited to 1,519 Special Drawing Rights (SDRs), approximately US$2,080, €1,750 to €1,920 depending on currency fluctuations. This is a fixed legal maximum regardless of the declared value of your luggage.
- For lost or damaged baggage, compensation is payable up to this SDR limit, covering the value of the luggage and its contents.
- For delayed baggage, reimbursement applies for reasonable essential expenses incurred, such as toiletries, clothing, or trip-specific items like ski equipment rentals. The airline must reimburse these costs upon presenting receipts. If baggage is delayed beyond 21 days, it is legally considered lost, and you may claim full compensation up to the SDR limit.
- Claims must adhere to strict time limits. Delayed baggage claims must be filed within 21 days after receiving luggage, damaged baggage claims within 7 days, lost baggage claims filed after 21 days or after confirmation of loss, and missing items from delivered baggage within 7 days.
- Passengers must report issues promptly (preferably at the airport by filing a Property Irregularity Report) and keep flight documents and baggage tags to support claims.
- Airlines calculate compensation based on receipts, documentation, and the demonstrated value of the claim but cannot exceed 1,519 SDRs unless a special declaration of higher value was made to the airline before check-in.
In addition, the airline is not liable for damages to items in your suitcase if they are insufficiently packed or for normal scratches during loading. However, they are liable for damage to the suitcase if parts are torn off during transport or the hard-shell suitcase develops a tear.
If your luggage isn't there and you're on a round trip or cruise, contact your tour operator immediately and ask for help. If your luggage is lost permanently, you can claim compensation. An inventory list with value estimates of the items is usually required.
Lastly, to avoid confusion with others' luggage, choose a distinctive suitcase or use stickers. Luggage tags should not display your name and address openly to avoid being easily targeted by criminals. Instead, put a note with your home and vacation addresses inside the suitcase.
Remember, the price reduction depends on the individual case. You can find hints on judgments in the ADAC reduction table or for luggage problems on cruises in the Würzburg table.
Travel safely, and know your rights!
- In the event of lost luggage, ensure to report it immediately to the airline or tour operator, asunder the Montreal Convention, the airline may be liable for up to 1,519 SDRs, approximately US$2,080, for loss or damage during international flights.
- When traveling, maintaining a unique and discreet suitcase is essential for avoiding confusion with others' luggage and reducing the risk of theft. Avoid displaying your name and address openly on luggage tags; instead, place a note with your home and vacation addresses inside the suitcase.
