Baggage Bother: What if your luggage gets lost or damaged?

October 11, 2024

Whether jetting off short or long-haul, your luggage can cause you a lot of hassle. The good news is, you have rights to protect you if something goes wrong.

Under the ‘Montreal Convention,’ the airline is liable if your checked bag gets delayed, damaged, or lost. You have the legal right to compensation, but there are strict time limits in which you need to claim. Let’s look at some typical travel scenarios we get asked about and how these rights apply.  

I have just got to Spain and there is no sign of my luggage in arrivals. What should I do?

Report the issue immediately to your airline in the airport baggage hall.  They will ask you to fill in a property irregularity report (PIR).  A PIR provides your luggage details and a contact address for baggage follow-up. Make sure you ask for a copy or take a photo of it. You will need this if you need to make a claim. You have 21 days after your flight to make a claim for compensation if your luggage goes missing or gets delayed

Any missing luggage is officially considered lost after 21 days. You can claim compensation for the cost of replacing essential items while you wait for it to be found. Try to keep costs reasonable when replacing your essentials. The airline will ask you to provide receipts or invoices both for what you lost and what you bought replacing them. 

My family and I got home two weeks ago from a long-haul trip. Our baggage arrived damaged. Can we claim compensation? 

If you discover on landing that your bags are damaged, report it straightaway to your airline’s baggage service office. As with lost/delayed luggage, they will ask you to fill out a PIR. You have seven days to claim compensation for your damaged case and personal items.

Your airline’s website will usually set out the necessary steps involved. You will still need to submit receipts for the damaged bag/items to support your claim. Some airlines accept current online prices as a guideline if you cannot provide a receipt. Check with your airline. 

Top Tip

If your complaint to the airline is not resolved and the compensation claim is for €2,000 or less, you can use the Small Claims Court procedure. You may seek independent legal advice if you wish to take the matter further. 

If you are dissatisfied with an airline’s response under the Convention, you should use the company’s complaints process.  

Read our advice on how to complain. 

Can I use my travel insurance if anything happens to my bags? 

You may also be able to claim on your travel insurance rather than the Montreal Convention.  This depends on whether lost luggage is covered under your policy. You will need to check the terms and conditions as well as the excess charge.  

If you cannot successfully resolve your claim with an Irish airline or travel company, you can call our CCPC helpline. If the airline is based in another EU country, you should speak to the European Consumer Centre Ireland. 

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