Delay, loss or damage to your luggage when traveling by plane: what are you entitled to?

Baggage Delay

A piece of luggage is considered delayed if he is not present when the plane is disembarked but that it is delivered to you later.

If your baggage is not present on arrival, you must report it immediately to the company counter so that it can record your claim and if necessary launch a search. If there is no counter, contact the airline as soon as possible.

The time-limits for bringing proceedings and the compensation depends on the agreement that governs the flight you have taken:

• if your airline is European or depends on the Montreal Convention: you have 21 days from the date of collection of the baggage to make a claim in writing to the carrier;
• if it depends on the Warsaw Convention, you have a period of 14 days from the date of collection of your baggage.

Lost luggage

If the carrier admits the loss of your checked baggage or if your baggage has not arrived at its destination within 21 days which follow the date on which they should have arrived (14 days if the flight depends on the Warsaw Convention), they are considered lost. You are then entitled to claim the refund of your suitcase and your lost goods.

You must send a written request to the airline, preferably by registered mail with acknowledgement of receipt, enclosing the invoices for the purchase of the lost goods. If you do not have proof, you may be offered weight compensation.

The deadline starts from the initial scheduled arrival date. The maximum time to make the claim again depends on the international convention that governs your flight:

• 21 days for the Montreal Convention;
• 14 days for the Warsaw Convention.

Damaged luggage

If your luggage has been damaged or destroyed during transport, you can request a refund of the price of the suitcase and the damaged goods, providing as many elements as possible regarding the damaged goods during transport (photographs of damaged goods, purchase invoices...).

You must write to the company:

• within a period of 7 days following receipt of your suitcase (for a flight subject to the Montreal Convention);
• within a period of 3 days upon receipt of your suitcase (for a flight subject to the Warsaw Convention).

What compensation in case of loss or damage?

The maximum compensation is approximately €1,525 per passenger for flights subject to the Montreal Convention. This amount corresponds to 1,288 SDRs (Special Drawing Rights), an international monetary unit that fluctuates according to exchange rates. For the Warsaw Convention, the calculation is made by weight with approximately €27 per kilo of luggage (also fluctuating with the SDR rate).

If your damage is below these limits, you will only be entitled to reimbursement of the amount of your damage. If the amount of your proven damage exceeds the limit of liability, you can only claim compensation equal to this limit, unless you have made a special declaration of interest when checking in your baggage. You may be able to benefit from an additional refund via insurance: specific insurance when checking in your luggage or insurance linked to your credit card for example.

Note that airlines do not reimburse lost personal effects based on their new value but often apply a discount.

In case of refusal of compensation by your company or lack of response after a period of 2 months

The Directorate-General for Competition, Consumer Affairs and Fraud Prevention (DGCCRF) encourages you to first take an amicable approach to the competent customer service of the transport operator, by keeping a copy of your complaint.

In case of refusal of compensation by your company or lack of response after a period of 2 months, you can enter the Ombudsman Tourism Travel (MTV), if the company is a signatory to the Mediation Charter, in order to find an amicable solution.

You can also contact the European Consumer Center if it is a European company.