Lost or damaged luggage on a flight

Luggage lost or damaged on a flight: your rights and options

Legal position:

Your rights depend on whether the flight was international or domestic, and which legal regime applies.

For most international flights to, from, or within the UK, the Montreal Convention 1999 (given effect in UK law by the Carriage by Air Act 1961 as amended) applies. This sets out the airline's liability for loss, damage, or delay of checked baggage.

Key points under the Montreal Convention:

1. The airline is strictly liable for destruction, loss, or damage to checked baggage, unless the damage resulted from an inherent defect or quality of the baggage itself.

2. Liability is capped. The current limit is 1,288 Special Drawing Rights (SDRs) per passenger (roughly £1,300 to £1,400 depending on the exchange rate). This is the maximum, not a guaranteed payout. You must prove the value of what was lost or damaged.

3. For unchecked (cabin) baggage, the airline is liable only if the damage was caused by its fault or that of its agents.

4. You can make a "special declaration of interest" at check-in (effectively declaring a higher value and paying a supplementary fee), which raises the liability cap.

Time limits for complaints and claims:

For damaged baggage, you must complain in writing to the airline within 7 days of receiving the baggage.

For delayed baggage, you must complain in writing within 21 days of the date the baggage was placed at your disposal.

For lost baggage, airlines typically treat luggage as lost after 21 days of delay. There is no specific complaint deadline for loss, but you should act promptly.

The limitation period for bringing a court claim is 2 years from the date of arrival, or the date the aircraft ought to have arrived, or the date carriage stopped.

Practical steps:

1. Report the problem immediately at the airport. Get a Property Irregularity Report (PIR) from the airline's desk before you leave the terminal. This is essential evidence.

2. Keep all receipts for essential items you need to buy while your luggage is delayed (toiletries, basic clothing). Airlines often reimburse reasonable interim expenses, though policies vary.

3. Submit your written complaint to the airline within the 7 or 21 day deadline as appropriate. Do this even if you have already reported at the airport.

4. Gather evidence of the contents and their value: purchase receipts, bank statements, photographs of items, anything that helps establish what was in the bag and what it was worth.

5. If the airline refuses or offers inadequate compensation, you can escalate. Airlines registered in the UK may be members of an alternative dispute resolution (ADR) scheme. Check whether your airline participates in one. The Civil Aviation Authority website lists approved ADR bodies.

6. If ADR is not available or does not resolve it, you can bring a county court claim (small claims track for amounts up to £10,000). The claim would typically be based on the Montreal Convention liability provisions.

Additional considerations:

Travel insurance may cover losses above the Montreal Convention cap or items excluded by the airline. Check your policy.

Airlines sometimes have their own policies that are more generous than the legal minimum, so always check the airline's conditions of carriage.

If the flight was a package holiday, you may also have a claim against the tour operator under the Package Travel and Linked Travel Arrangements Regulations 2018.

If the airline was at fault through recklessness or intentional misconduct, the liability cap can be disapplied, but this is a high threshold and rarely established in practice.

Would you like help with drafting a complaint letter to the airline, or do you need guidance on a specific aspect of this?