Michael Turner
Act immediately: file a Property Irregularity Report (PIR) at the arrival desk before leaving the terminal; obtain the PIR reference, keep boarding pass, bag tags and time-stamped photos, and note names of staff you spoke with.
Under the Montreal Convention, liability concerning checked baggage is limited to 1,288 Special Drawing Rights (SDR) per passenger – approximately €1,400–€1,700 or US$1,500–US$1,900 depending on current exchange rates. Damage must be reported within seven days; delayed delivery requires a written claim within 21 days after receipt. Actions against a carrier must be commenced within two years of scheduled arrival.
Step-by-step action: 1) Report at the arrival desk and secure a PIR reference; 2) Document contents with photos, keep purchase invoices, serial numbers and bag tags; 3) Submit a written claim citing the Montreal Convention and the carrier’s contract of carriage, attaching receipts and a clear timeline; 4) If the claim is denied or stalled, escalate to the national enforcement authority or initiate small-claims litigation while the two-year limit still applies.
Use available protections: travel insurance and many credit-card benefits often reimburse amounts above the carrier limit but require prompt notice and original receipts. For high-value items include proof of purchase and independent appraisal. When replacement purchases are necessary during a period of missing baggage, retain itemized receipts and an explanation of urgency.
When a settlement offer arrives, compare the proposed sum to documented losses and policy limits before accepting; keep all correspondence and claim reference numbers to preserve later legal or arbitration options.
When are air carriers legally required to reimburse missing checked baggage?
File a Property Irregularity Report (PIR) at the air carrier counter immediately when a checked bag fails to arrive, keep the baggage tag and boarding pass, and obtain the PIR reference number before leaving the airport.
Legal limits and deadlines under the Montreal Convention
International carriage covered by the Montreal Convention imposes a liability ceiling of 1,288 Special Drawing Rights (SDR) per passenger in case of destruction, delay, or misplacement of checked baggage. Passengers may declare a higher value at check-in and pay a supplementary charge; declared-value protection raises carrier exposure up to the declared sum. Damage claims must be filed within seven days from receipt, delay claims within 21 days after delivery, and legal actions must be initiated within two years from the scheduled arrival date.
Domestic regimes, exclusions, and practical steps
Domestic rules vary by jurisdiction and by carrier contract; consult the contract of carriage and national consumer statutes to determine exact liability. Exclusions commonly include damage caused by inherent defects in baggage, perishable contents, and items prohibited in checked compartments; high-value articles such as cash, jewellery, cameras, and important documents are often excluded unless declared. Preserve rights by filing the PIR immediately, retaining all travel documents and purchase receipts, photographing damaged items and packing, submitting a written claim within the carrier’s published timeframe and applicable international deadlines, and keeping copies of all communications. If declared-value protection does not cover the full loss, pursue reimbursement through travel insurance or a credit-card purchase-protection program and request SDR-to-currency conversion details when Montreal limits apply.
How to file a missing-bag claim: step-by-step actions and timelines
Report the missing bag at the carrier desk prior to leaving the terminal and obtain a written reference (PIR) number plus agent name and time of report.
At the counter present boarding pass, bag tag, passport/ID; request a Property Irregularity Report and record the claim reference exactly as issued.
Submit an online claim within 24–72 hours after arrival; include PIR number, flight number, travel date, contact phone and email, scanned receipts, serial numbers, and photographic evidence of contents and exterior condition.
Keep receipts for emergency purchases (to replace toiletries and basic clothing). Upload those receipts within 14 days with a short note explaining each purchase and links to bank card entries if originals missing.
Create an itemized inventory: item description, brand, model, serial number, purchase date, purchase price and currency. Attach original receipts when available; if absent attach credit card statements, warranty cards, photos showing ownership.
If items returned damaged, retain items plus original packaging and tags until an inspection request closes; refusal to preserve evidence commonly voids eligibility for settlement.
Timelines to expect: immediate airport report; online acknowledgement within 48–72 hours; status update within 7–14 days; many incidents resolved within 21–60 days. Standard practice is declaration of irretrievability after 21 days, then final claim handling begins.
If no satisfactory reply within 8 weeks, escalate with a certified written complaint including all claim numbers, copies of receipts, timeline of communications and a concise settlement demand; copy payment-card issuer and travel insurer when applicable.
Maintain a single claims folder with copies of PIR, boarding pass, bag tag, claim numbers, emails, postal tracking IDs, photos, all receipts and a log of every phone contact (date, time, agent name, summary).
When mailing originals use recorded delivery; set calendar reminders at 14, 30 and 60 days; lodge any regulatory complaint or small-claims action only after internal escalation completes and documentation is assembled.
Provide original itemized receipts, bank/credit-card transaction records, serial numbers, and time-stamped photos combined into a single, clearly labelled PDF to speed payout.
Original receipts – supply the paper invoice or the merchant’s emailed invoice showing item description, purchase date, vendor name and full transaction ID. Retail receipts that list SKU or model number carry more weight than generic totals.
Bank/credit-card evidence – submit the card statement line with the transaction ID and merchant name. If the original receipt is missing, a matching card charge plus the merchant’s online order page or shipment confirmation can substitute.
Product identifiers – include serial numbers, IMEI, model and SKU photos or screenshots. For electronics, photograph the device showing the serial/IMEI next to a dated slip of paper; for jewelry, include appraisal serials or hallmark close-ups.
Time-stamped photos of packed contents – provide at least two images: one showing the item in the bag at departure and one close-up of the item with visible date metadata (keep original EXIF files). If camera metadata is stripped, place a dated receipt or boarding pass in the frame and retake the photo.
Supporting documents that accelerate settlement
Manufacturer or merchant pages – link or screenshot the product page that matches the receipt (price, model, SKU). Example product pages that serve as acceptable proof include best patio umbrella for rectangular table and best umbrella to block uv rays at beach.
Market-value evidence – use completed online-auction sales or retailer clearance prices when original invoices are unavailable; include timestamps and URLs. For specialty items or supplements, manufacturer specs or technical pages may help, for example which of the following are not properties of proteins.
Professional valuations and repair estimates – for single-item claims above USD 500, add a certified appraisal or a repair shop estimate with contact info and dated signature. Receipts from emergency replacements (toiletries, clothing) should be itemized and submitted together with the main evidence.
Official reports and travel documents – include the carrier’s property irregularity report number or police report if theft suspected, plus boarding pass images and baggage-tag photos. Put the claim reference and passenger name on every document page.
Submission tips: convert materials to a single PDF, add a one-page index listing each document with page numbers, keep originals until settlement completes, and label every file using the claim number and date to avoid processing delays.
How much recovery can you get under international treaties and U.S. DOT rules?
File under the Montreal Convention when the trip included an international segment; statutory maximum recovery equals 1,288 SDR per passenger regarding checked baggage damage or destruction.
- Montreal Convention – 1,288 SDR per passenger regarding checked-baggage damage, destruction, or delay-related expenses. SDR-to-USD rate fluctuates; using a recent IMF rate (approx. USD 1.37 per SDR) yields roughly USD 1,760. Passengers may submit a written special declaration of higher value at check-in and pay an extra charge; carrier liability then extends up to the declared amount.
- U.S. DOT (domestic U.S. itineraries on U.S.-registered carriers) – maximum liability currently USD 3,800 per passenger regarding checked-baggage damage, destruction, and reasonable out-of-pocket expenses caused by delay. This dollar limit is adjusted periodically; consult the DOT website or the carrier’s published conditions of carriage for the latest figure.
- When both rules could apply – international segments normally trigger Montreal terms; purely domestic U.S. travel triggers DOT limits. Compare the applicable statutory cap and the carrier’s contract of carriage to determine the ceiling that controls a particular claim.
- Declared value and exclusions – a valid written declaration increases recoverable amount, but some high-value items are excluded from checked baggage acceptance in many contracts of carriage. Documentation proving item value and prior agreement to accept declared value are essential when seeking recovery above standard caps.
- Currency and calculation details – Montreal liability is expressed in SDR; carriers convert to the settlement currency using the SDR rate on the settlement date. Expect the final USD amount to vary with the conversion rate and any rounding or deductions permitted by the transport contract.
What to do if the carrier denies your claim: appeals, small claims court, and consumer agencies
File a written appeal with the carrier’s customer relations team within 30 days, attach the PIR number, boarding pass, bag-tag copies, original purchase receipts, photos, and an itemized damage/contents list requesting a specific reimbursement amount.
How to appeal
Send the appeal by certified mail with return receipt and upload the same packet via the carrier’s online form when available. In the cover letter state: incident date, flight number, claim reference, amount sought, and a 30-day deadline to respond. Keep all sent-document copies, delivery confirmations, and any automated replies.
If the initial reply is a denial, request escalation to a supervisor or the carrier’s dispute resolution unit. Ask in writing whether the carrier participates in an independent Alternative Dispute Resolution (ADR) scheme and request ADR enrollment details. Preserve timelines: escalate within 14 days after denial to avoid missing statute deadlines under international conventions or domestic rules.
Small claims court: stepwise actions
1) Send a certified demand letter with an explicit monetary figure, a 30-day cure period, and copies of receipts, PIR, and prior correspondence. 2) If no satisfactory response, verify small-claims monetary limit and venue requirements in the jurisdiction where the carrier is based or where the contract was performed. Limits commonly range between $2,500 and $25,000; confirm local ceiling before filing. 3) File the claim, pay the court fee, and serve the carrier per local rules. 4) Prepare a concise hearing packet: timeline, originals of receipts, photographic evidence, repair estimates, copies of all written denials, and a simple valuation method (purchase price less reasonable depreciation). 5) At hearing present a one-page chronology, five strongest exhibits, and one witness statement if applicable.
Expect hearing turnaround of 30–90 days in most jurisdictions. Small-claims courts often disallow complex legal argumentation; focus on documentary proof and a crisp monetary calculation.
| Option | Deadline | Where | Typical fee | Documents to submit |
|---|---|---|---|---|
| Internal appeal | Usually 21–30 days from incident | Carrier customer relations | Usually free | PIR, boarding pass, tag photos, receipts, photos, written demand |
| Regulatory complaint (eg. U.S. DOT, national enforcement body) | Submit ASAP; some agencies publish specific limits | Agency online portal | Free | All correspondence, claim reference, ticket info, receipts |
| Small claims court | Dependent on state’s statute of limitations; check local law | Local small-claims court where defendant is based or contract performed | $30–$200 typical | Demand letter, originals, copies, chronology, witness list |
| International treaty litigation (Montreal Convention) | Suit must be filed within 2 years of incident | Courts specified under treaty rules (carrier domicile, destination, or passenger residence) | Court costs vary | Ticket, PIR, receipts, proof of delivery attempts, written denials |
Consumer agencies: file a complaint with the relevant civil aviation authority or national enforcement body; in the U.S. use the DOT Aviation Consumer Protection Division online form. In the EU contact the national enforcement body in the country where the flight departed and the European Consumer Centre when cross-border. ADR bodies and ombudsmen can produce non-binding recommendations or binding decisions depending on scheme rules.
Evidence checklist to maximize recovery odds: PIR number, ticket and boarding pass, bag-tag stubs, itemized receipts dated prior to travel, photos showing condition or absence, professional repair estimates, written carrier denials, and a clear item-by-item valuation with purchase dates. Convert receipts to a single PDF and label exhibits numerically.
If deciding between regulatory complaint and small-claims suit, weigh costs and likely recovery: use regulatory complaint to trigger investigation and gather official record; proceed to small claims when documentary proof yields a straightforward monetary claim within the local monetary limit. Where international treaty application is clear, include a statement citing the treaty in the demand letter and keep the two-year litigation bar in mind.
