Table of Contents

Flights - Lost or damaged luggage

Destruction, loss or damage to baggage

The air carrier is liable for destruction, loss or damage to baggage up to €1200. In the case of checked baggage, it is liable even if not at fault, unless the baggage was defective. In the case of unchecked baggage, the carrier is liable only if at fault.

Higher limits for baggage

A passenger can benefit from a higher liability limit by making a special declaration at the latest at check-in and by paying a supplementary fee.

Complaints on baggage

If the baggage is damaged, delayed, lost or destroyed, the passenger must write and complain to the air carrier as soon as possible. In the case of damage to checked baggage, the passenger must write and complain within seven days, and in the case of delay within 21 days, in both cases from the date on which the baggage was placed at the passenger's disposal.

Time limit for action

Any action in court to claim damages must be brought within two years from the date of arrival of the aircraft, or from the date on which the aircraft ought to have arrived.

The new Montreal Convention of 1999 introduced a uniform legal framework to govern air carrier liability in the event of damage caused to passengers, baggage or goods during international journeys.

At Community level, and to ensure a uniform system, Regulation (EC) No 2027/97 imposes unlimited liability on Community air carriers in the event of death or injury to passengers. This Regulation was amended by Regulation (EC) No 889/2002, which applied the rules of the Montreal Convention to all flights, whether domestic or international, operated by Community air carriers.

The new agreement introduces a new comprehensive legal framework, the most important contributions of which are as follows:

In case of baggage delay, the air carrier is liable for damage unless it took all reasonable measures to avoid the damage or it was impossible to take such measures. The liability for baggage delay is limited to ~€1,200.