Baggage loss does not use the fixed sums under Regulation 261/2004. The Montreal Convention, proven loss and strict notice periods are central.
Legal conditions
Checked baggage claims distinguish damage, delay and loss. Baggage may be treated as lost if it has not arrived after 21 days or the carrier admits loss. Liability is not an automatic lump sum: actual loss must be proved and is generally capped at 1,519 Special Drawing Rights per passenger unless a special declaration of interest was made.
Evidence for the specific flight
Obtain a Property Irregularity Report at the airport and keep the baggage tag, boarding pass, photographs, purchase receipts, repair estimates and correspondence. Replacement purchases must be necessary and reasonable in light of the trip duration, purpose and available alternatives.
Common airline defences
The carrier may rely on inherent defect or prior damage, lack of proof or late written notice. A PIR is important but does not always replace the formal written claim within the deadline. Cabin baggage also requires additional proof relating to carrier fault.
Other rights beyond fixed compensation
Damage should generally be notified in writing within seven days and delay within 21 days after delivery. Judicial action under the Montreal Convention is generally subject to a two year extinction period. The precise starting point must be checked for the journey.
Next steps without losing evidence
Report the issue immediately at the airport and send a traceable written claim as well. Itemise every loss with receipt and date. Do not rely solely on telephone handling.
Detailed legal assessment
For Delayed, lost or damaged baggage: preserving your claim, territorial scope, the responsible operating carrier, the timeline, the cause and the specific legal consequence must be established separately. An airline’s internal status code is not decisive; verifiable facts are. Baggage claims are mainly governed by the Montreal Convention rather than the fixed amounts under EU 261. Actual loss, deadlines and evidence are therefore central. The review must also distinguish fixed compensation, reimbursement, rerouting, care and proven additional loss.
Decision matrix for the claim review
This matrix prevents separate legal bases from being mixed together.
| Review question | Required evidence | Legal significance |
|---|---|---|
| Is baggage delayed, damaged or lost? | PIR, delivery and damage dates | Determines claim type and deadline. |
| Was a written complaint sent in time? | email, portal confirmation or registered letter | May be required for enforcement. |
| What financial loss was actually suffered? | receipts and value evidence | Liability is loss-based, not fixed. |
| Does a liability limit apply? | loss amount and special declaration of interest | Caps recovery in Special Drawing Rights. |
Evidence checklist for the file
A robust file contains more than a booking confirmation. For Delayed, lost or damaged baggage: preserving your claim, the following material should in particular be preserved:
- Property Irregularity Report and baggage tag
- boarding pass and booking confirmation
- written complaint within the relevant deadline
- receipts for necessary replacement purchases
- value, age and ownership evidence for loss or damage
Case law and practical significance
The judgment in Walz, case C-63/09 is particularly relevant to this subject. The Court confirmed that the Montreal Convention liability limit generally covers both material and non-material damage connected with baggage. The judgment does not replace an individual review, but it identifies the legally decisive facts and prevents unsupported airline assertions from being accepted at face value.
Strategic order of assessment
A reliable assessment follows a fixed order:
- Preserve the PIR, baggage tag, boarding pass and delivery or damage date.
- Separate delay, damage and loss factually and legally.
- Submit written notice within the applicable deadline with proof of delivery.
- List every loss and necessary replacement purchase with value evidence and receipts.
- Check the liability limit, special declaration of value and court time bar.
Related assessment routes
This assessment often connects with other subjects:
Check the claim systematically · Legal review and editorial responsibility
Frequently asked questions
When is checked baggage treated as lost?
Loss may be claimed if the airline admits it or if the baggage has not arrived within 21 days. The actual amount of loss must still be established.
Is a Property Irregularity Report already the written complaint?
A PIR records the problem at the airport but may not replace the required written claim. Send a quantified complaint to the airline within the applicable period as well.
Which deadlines apply to damaged or delayed baggage?
Damage should generally be complained of in writing within seven days and delay within 21 days after delivery. Court proceedings are generally subject to a two-year cut-off.
Which replacement purchases are recoverable during baggage delay?
Necessary and reasonable purchases may be recoverable. Destination, trip length, clothing available and the purpose of travel influence reasonableness. Keep every original receipt.
How can the value of lost items be proven?
Use invoices, photographs, bank records, warranties and an itemised list showing age and current value. An unsupported lump-sum estimate is much weaker.