compensation for lost or delayed baggage
Claim if they lost your baggage
Claim up to €1,400 for lost luggage under the Montreal Convention.
In the case of lost baggaeg, the passanger can calim compensation from the airline for the loss of baggage up to €1,414. In addition to this compensatio, it is also possible to claim for the loss og baggage, including expenses incurres due to its unavailability, and for any damages and losses caused.
Incident with luggage
Lost or damaged luggage
Expenses
Purchase of clothing, toiletries, suitcase damage
Limit of liability
1,414€= 1,253 SDR (Special Drawing Right)
Three concepts you can claim when there is a loss of luggage
Three concepts you can claim when there is a loss of luggage
In summary, when we lose luggage, we can claim compensation for each day the luggage is lost, plus documented expenses and damages incurred.
Compensation for lost luggage per day at €67.33: The Montreal Convention grants the airline a maximum limit of 21 days to deliver lost luggage. After these days, it is assumed that the suitcase is permanently lost even if found later. Since the maximum compensation to be paid to a passenger is €1414 per lost suitcase, it can be inferred (although not guaranteed) that the maximum daily compensation could be: 1414/21 = €67.33 per day.
Compensation for expenses incurred due to the unavailability of luggage: In addition to the compensation per day for lost luggage, all expenses arising from not having the suitcase can be added, such as the purchase of toiletries, clothing, trips to the airport to retrieve it, etc. These should be documented with receipts and invoices.
Compensation for damages and inconveniences: Furthermore, as these compensations are subjective in nature, it is possible and necessary to justify damages and inconveniences caused, such as not having clothes for an important meeting, not having the suitcase during vacation, loss of medications, etc.
By justifying these three aspects, one can claim for the number of days of lost luggage + documented expenses incurred + damages and inconveniences caused.
For example: Let’s say our suitcase is lost for 7 days, and we purchase clothing worth €100, and essential prescription medicines are lost. We can claim €67.3 multiplied by 7 days + €100 in expenses + an economic assessment of the damage caused by the medicines, let’s say valued at €120. In total: €471 + €100 + €120 = €691.
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Type og baggage lost
There are approximately two types of baggage loss, and the procedure to be followed varies according to the situation. The two possibilities are as follows:
- Temporary loss of baggage
- Permanent loss of baggage
Temporary baggage loss occurs when the baggage does not arrive with the passenger, but reappears intact within 21 days. In this case, the airline generally compensates for the delay. On the other hand, there are situations where the baggage may be lost permanently. This means that the baggage is lost and cannot be found 21 days after its absence on the airport conveyor belt.
To know how to react in both cases, it is necessary to take stock of the time limits for claiming lost baggage on a flight. There is a complete protocol to follow and deadlines that must not be exceeded.
How to claim for lost or damaged luggage on a flight and make it effective?Trip itinerary
The most important thing is to go to the airline counter and fill out the PIR (Property Irregularity Report) in English. This way, we document our issue with lost or damaged luggage, achieving a dual purpose:
- It provides a 2-year window to file a future claim for lost luggage.
- It allows the claim to be processed when seeking compensation for the luggage.
It’s crucial to record the damage or loss suffered by the luggage, as the airline could argue that the damage did not occur during transportation. If the report is filled out at the time of the incident, it is always better. In the absence of a passenger protest, there is a presumption that the luggage has been delivered in good condition.
What is the deadline for claiming lost luggage?
The deadline to claim under the Montreal Convention is up to 2 years if you have the Property Irregularity Report.
Sometimes, airlines manipulate these deadlines to discourage customers from claiming and recovering nothing for their lost luggage. This is not the case. Keep the Property Irregularity Report and get in touch with us. We will guide you on how to proceed with the claim for lost luggage.
Deadlines to request the Property Irregularity Report and have up to 2 years to claim for the luggage.
- In case of breakage or damage to your luggage or suitcase, it must be reported to the carrier immediately, although the maximum period for checked baggage would be seven days from the date of its receipt.
- If it is due to a delay in luggage delivery, it must be reported within 21 days from the date the luggage was finally delivered.
- If for any reason these deadlines are not met, legal action can still be taken within a period of two years.
Can I claim for lost luggage even if they have already found my suitcase?
Certainly. The fact that the airline finds the lost luggage does not mean that we no longer have the right to claim. The crucial point is that harm has been done by the luggage being lost for a certain period, and the law provides for compensation for this, whether the suitcase is found or not. The fact that the luggage is not found only worsens the harm, so the claim will increase because not only have we not received the luggage on time, but it is also completely lost.
My suitcase or luggage contained valuable items and has been lost or damaged during the flight.
It is very common that if your luggage is lost, you may want to claim for the contents inside it. In fact, airlines often ask for an “inventory” of what is inside the suitcase. However, you should know that unless a “special declaration of value” has been made to prove the content, there is not enough evidence to justify that what you claim was really there. In other words, it is not legally proven. There is only your word, but there is not enough evidence to support it.
Therefore, creating an inventory of the suitcase’s contents will not be sufficient evidence in a potential claim (although there will be indications of truthfulness if the claim goes through the judicial process, which the judge will take into account), and we cannot request a financial amount equivalent to the cost of the content.
Special declarations of value vary depending on the airline and have an additional cost, usually around 10% of the amount being declared prior to being checked in.
Consequently, unless a special declaration of value has been made, compensation will be sought for each day lost, expenses incurred due to not having the luggage, and damages. The inventory we create will only give more weight to the claim, but legally, the content is not proven. In this case, the decision to admit the inventory made of the luggage depends on the judge.
Can I claim for lost luggage even if they have already found my suitcase?
Certainly. The fact that the airline finds the lost luggage does not mean that we no longer have the right to claim. The crucial point is that harm has been done by the luggage being lost for a certain period, and the law provides for compensation for this, whether the suitcase is found or not. The fact that the luggage is not found only worsens the harm, so the claim will increase because not only have we not received the luggage on time, but it is also completely lost.
Special luggage claims
Special luggage, such as an instrument, surfboard, golf clubs, bicycle, sports clothing, etc., will have the same liability limit unless a special declaration of value has been made, with some nuances.
Is the compensation higher for special luggage?
Yes and no. Two considerations regarding special luggage in a claim:
The harm: The fact that it is special luggage will not increase the limit of liability, but it is essential to consider that such special luggage typically involves greater harm than if only clothing were lost. For instance, a golfer attending a tournament would experience much greater harm if they were without their own clubs. Clothes can be easily replaced, but not their essential tools. In this regard, the harm will be greater, making it more likely to be awarded the maximum compensation.
Associated expenses: It is possible that associated expenses may be higher. For example, if the special luggage is a surfboard, the affected person may need to buy a new one, and as determined earlier, the expenses add up to the maximum compensation of 1400€.
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Example of a lost luggage court ruling
Some court rulings even result in compensations of up to €2,000, like this ruling from the court in Santander. In this case, it involves carry-on luggage that, due to limited space, was forced to travel in the plane’s cargo hold.
This entire claims process can become extremely tedious, which is why www.reclamaciondevuelos.com was created with the aim of making the claims process easier for affected customers. This way, claiming is straightforward and simple.
Fill out our form, and our legal department will examine each case specifically, calculating the compensation the customer is entitled to and proceeding with the claim.
So, if you want to claim for lost luggage from Vueling, Iberia, Ryanair, Avianca, or any other airline, don’t hesitate!
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Our Services
You can claim up to 600€ if you had any of these issues.
Retard
Si votre vol est arrivé avec plus de 3 heures de retard.
Annulation
Si la compagnie a annulé votre vol (sauf pour des raisons météorologiques ou des grèves du contrôle aérien)
Surréservation
Si la compagnie a vendu trop de billets et que vous n'avez pas pu monter à bord de l'avion.
