Baggage claims fail more often on deadlines than on the merits. The rules are generous about what the airline is liable for and strict about when you must complain. Report at the airport, then put it in writing within the time limit, even if the airline says it is still searching.
The rule for international flights
The Montreal Convention applies to international flights between the countries that have joined it, which include all EU states, the UK, the US and Brazil.
The airline is liable for checked baggage that is destroyed, lost or damaged while in its charge, unless the damage came from an inherent defect of the bag itself (Art. 17(2)).
It is liable for delay unless it proves it took all measures that could reasonably be required (Art. 19).
The limit is 1,519 SDR per passenger since 28 December 2024, covering checked and unchecked baggage together (Art. 22(2), as revised by ICAO). SDR is the Special Drawing Right of the International Monetary Fund; the amount in your currency changes daily. Three points about the limit:
- It is a maximum. You are compensated for the loss you can show, not automatically for the full amount (CJEU, Vueling, C-86/19).
- It covers material and non-material damage together (CJEU, Walz, C-63/09).
- It applies per passenger. If your belongings were in a companion’s lost suitcase, you can claim for them yourself (CJEU, Espada Sánchez, C-410/11).
Deadlines
| Situation | What to do | Deadline |
|---|---|---|
| Bag damaged | Written complaint to the airline | 7 days from receiving the bag (Art. 31(2)) |
| Bag delayed | Written complaint to the airline | 21 days from the day the bag is handed to you (Art. 31(2)) |
| Bag not arrived | Treated as lost: you can claim for loss | After 21 days from the date it should have arrived, or earlier if the airline admits the loss (Art. 17(3)) |
| Any baggage claim | Court action | 2 years from the date of arrival or scheduled arrival (Art. 35) |
Watch out
The complaint must be in writing (Art. 31(3)). Without it, the claim is barred unless the airline committed fraud (Art. 31(4)).
At the airport: the PIR
Go to the baggage service desk before leaving the hall and ask for a Property Irregularity Report. Check that it shows:
- Your name.
- Your flight.
- The bag tag number.
- A description of the bag or the damage.
Keep the copy with the file reference. For a delayed bag, give a delivery address and ask what the airline will pay for essentials.
A PIR shows you reported the problem on arrival. Send a separate written complaint through the airline’s form or by email within the deadlines above, quoting the PIR reference.
Receipts and what you can claim
- Delayed bag: reasonable replacement purchases until the bag arrives. Keep itemised receipts.
- Lost bag: the value of the bag and its contents. List the items with purchase dates and prices, and attach receipts, bank statements or photos. Airlines usually apply depreciation to older items.
- Damaged bag: repair cost or the value of the bag, with photos and the repair estimate.
- Baggage fees: ask for the checked bag fee back if the bag was lost.
Tip
Valuables, electronics and medication are safer in the cabin. Many airlines exclude them from checked baggage in their conditions of carriage.
Special declaration of interest
If your bag is worth more than the limit, you can make a special declaration of interest in delivery when you hand the bag over, paying a supplement if the airline requires one.
The airline is then liable up to the declared sum, unless it proves that sum is higher than your real interest (Art. 22(2)).
Ask at the check-in desk and do it before the bag goes on the belt. EU airlines must base the supplement on a tariff reflecting the extra cost of carrying and insuring the bag (Regulation 2027/97, Art. 3a).
Domestic flights
EU. Regulation 2027/97, as amended by Regulation 889/2002, applies the Montreal rules to EU airlines on flights within a single member state, so the limits and deadlines above are the same.
Brazil. For domestic flights the limit is 1,131 SDR unless you make a special declaration of value (Art. 17, ANAC Resolution 400/2016). Report a missing bag immediately.
- The airline must return it within 7 days on domestic flights and 21 days on international flights; if it is not found, the airline must pay within 7 further days (Art. 32).
- Damage or tampering must be reported within 7 days of receiving the bag.
- Passengers away from home are reimbursed for expenses within 7 days of presenting receipts (Art. 33).
See ANAC Resolution 400 and, for flights within Brazil, lost or damaged baggage on a domestic flight.
United States. On domestic flights operated with large aircraft, an airline cannot limit its liability to less than $4,700 per passenger (14 CFR 254.4).
In addition, the checked bag fee must be refunded if the bag is not delivered within 12 hours of a domestic flight’s arrival, or within 15 or 30 hours on international itineraries depending on flight length, provided you filed a mishandled baggage report (14 CFR Part 260). See US DOT rules.
If the airline refuses or goes quiet
Send a final written demand with our claim letter, then follow the steps in how to claim. If your bag went missing after a missed connection, you may also have a separate claim for the delay itself.
Deadline
Watch the two-year limit: it does not stop running while you exchange emails with the airline.
Good to know
From 23 October 2027, Regulation (EU) 2026/2202 will require a common baggage complaint form at EU airports and on airline websites, and the date you submit it will count as the filing date for the Convention deadlines.