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

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 luggage 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.

Protest periods are provided for in international conventions in the event of damaged (damaged) baggage and delayed baggage:

• Montreal Convention : the written protest must be addressed to the carrier within a maximum period of 7 days from receipt of the baggage in the event of damage, and within a maximum period of 21 days from its availability in case of delay.

• Warsaw Convention : the written protest must be addressed to the carrier within a maximum period of 3 days from receipt of the baggage in the event of damage, and within a maximum period of 14 days from its availability in case of delay.

What compensation in case of loss or damage?

The maximum compensation amounts to approximately €1,525 per passenger for flights subject to the Montreal Convention (i.e. 1,288 Special Drawing Rights or SDRs, an international currency unit fluctuating according to exchange rates). For the Warsaw Convention, the calculation is made by weight with about € 26 per kilogram of luggage (also fluctuating with the price of SDRs).

If your damage is below these limits, you can only claim reimbursement of the amount of your damage. If the amount of your proven damage exceeds the limit of liability, you will only be entitled to compensation equal to this limit, unless you have made a special declaration of interest when checking in your luggage. 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 belongings 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 French general directorate for fair trading, consumer affairs and fraud control (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 Mediator 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.