Dealing with lost or damaged luggage

Thomas Eastment, Senior Legal Adviser at ARAG Law, lays out the steps you can take to address the situation and potentially recover your belongings.

When holidays go wrong

Arriving without luggage can be stressful but international air travel is governed by clear rules that protect passengers. The Montreal Convention 1999 provides a modern framework for airline liability and determines the compensation payable for damaged, delayed or lost luggage.

Compensation limits

Under the Montreal Convention, airlines are liable for proven losses up to 1,519 Special Drawing Rights (SDR) per passenger.

SDR is an international reserve asset created by the International Monetary Fund which fluctuates based on exchange rates. It is measured against a basket of major currencies (USD, EUR, GBP, JPY and CNY) making it a reliable benchmark for financial settlement.

You can increase this limit by making a special declaration of interest at check-in and paying an additional fee. If you did not make such a declaration, the SDR limit applies.

Damaged luggage

If your luggage is returned to you but has been damaged, contact the airport services desk and submit a Property Irregularity Report (PIR). Take photographs and show evidence of the damage before leaving. Without a PIR reference number, your claim will be difficult to pursue.

You must complain in writing to the airline within 7 days of the date you received your bag.

You could be paid compensation for the value of the damaged luggage plus any items that have sustained damage. You may need to provide receipts for these.

Delayed luggage

If your bags do not appear on the carousel, you should also report this to the airport services desk and complete a PIR.

Get in touch with the airline to find out what sort of emergency assistance they are prepared to provide you with in the meantime, such as payment for essentials like toiletries and additional clothes. In most cases, the airline will be able to trace your bags and return them free of charge.

You must complain in writing to the airline within 21 days of the date you finally received your bag.

Lost luggage

Your luggage is considered lost if it is still unaccounted for after 21 days. If this happens, you should write to the airline promptly.

You should be awarded compensation appropriate to the value of the items in your luggage, but it is unlikely that you will be reimbursed for the full cost of replacing your items as the airline will deduct for wear and tear.

Connecting flights

If your journey involved multiple airlines, you could claim compensation from any of them. However, airlines may not take responsibility unless they were the last carrier that you flew with. If none of the airlines accept responsibility, you can contact the UK Civil Aviation Authority (CAA) for advice.

Travel Insurance

Alternatively, you may be able to claim for damaged, lost or stolen luggage on a travel insurance policy. The limit that insurers will pay out is usually between £1,500 and £2,000, but you should check your own policy to confirm what is covered.

Domestic flights

The Montreal Convention applies to international air travel only, so UK domestic flights are governed by the airline’s general terms and conditions of carriage.

If you bought your flight tickets from a UK-based trader, you will be protected under the Consumer Rights Act 2015 against services not carried out with reasonable care and skill. You could potentially argue that there has been a breach of contract and bring a civil claim for any losses arising from the damaged or lost luggage.

Alternatively, the Torts (Interference with Goods) Act 1977 provides that a duty of care is owed for goods, such as the luggage, whilst under the responsibility of another. Therefore, if your goods are damaged because of wrongful interference, you may have a claim for negligence against the airline for the value of repairing or replacing the goods.

Should you find yourself in these unfortunate circumstances, seek legal advice.

Disclaimer: all information in this article was correct at time of publishing.

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