Short answer: Carriers are legally responsible when checked baggage disappears; terminal operators rarely accept liability unless clear negligence by ground handlers can be demonstrated.
At arrival, file a Property Irregularity Report (PIR) at airline desk before leaving arrival area. Keep boarding pass, bag tags, and a printed copy of PIR. Ask staff to provide a reference number plus expected response timeline.
Under Montreal Convention, carrier liability related to checked baggage is capped at 1,288 SDR (roughly USD 1,700–1,900 depending on exchange rate). Submit written claim within 21 days when baggage remains missing; notify carrier within 7 days when items arrive damaged. Domestic rules may set different caps; U.S. Department of Transportation guidance lists a typical maximum near USD 3,800 – confirm current figure on carrier website or DOT portal.
Include PIR copy, boarding pass, bag-tag numbers, itemized contents list, original purchase receipts, photos, and serial numbers where applicable. Submit documentation via carrier online claim portal or registered mail and retain duplicates plus all correspondence. If carrier rejects claim, escalate to national enforcement authority or small-claims court with claim reference and proof of value.
Purchase travel insurance with explicit baggage coverage and declared-value option covering high-value items; opt into excess valuation at check-in when carrier offers option. Keep valuables in carry-on and photograph contents before check-in. Place Bluetooth/GPS tracker inside checked bags and retain purchase receipts; use credit-card benefits that include baggage protection when available.
Who is legally responsible: airline, ground handler, or terminal operator?
Primary legal responsibility rests with operating carrier under Montreal Convention; file a Property Irregularity Report (PIR) at arrival desk immediately and submit written claim to carrier within applicable deadlines.
International liability cap for checked baggage is 1,288 SDRs per passenger (Montreal Convention). Special declaration of value at check-in can raise that cap if supplemental charge is paid. Civil action must be brought within two years from arrival date or expected arrival date.
Ground handler entities typically operate under contract with carrier and often act as carrier agents during ramp and transfer operations. Passengers usually pursue carrier first; carrier can pursue indemnity or separate recovery against handler where handler negligence is established under national tort rules or contractual indemnities.
Terminal operator or aerodrome operator bears liability only when a direct contractual duty or statutory obligation is breached, such as failure to maintain baggage conveyors, secure storage areas, or screening equipment. Liability allocation depends on written contracts between carrier, handler, and terminal operator plus applicable local law.
Action checklist: report at arrival desk and secure PIR code; retain boarding pass and bag tag; photograph item condition; preserve purchase receipts and repair estimates; send written claim to operating carrier within 21 days regarding delay/non-delivery and within 7 days regarding damage; keep copies of all correspondence.
If carrier denies liability or settlement is unsatisfactory, escalate to national aviation regulator, submit claim in small claims court, or seek legal counsel; gather chain-of-custody evidence showing handling timestamps and handler identities to support any subrogation claim against ground handler or terminal operator.
How to file a missing-baggage claim at arrival desk: step-by-step actions to take before leaving
Report missing baggage immediately at airline desk; obtain Property Irregularity Report (PIR) and written reference number before leaving terminal.
On-spot actions
Present boarding pass, bag tags, passport or ID, and flight details; hand over photos of checked item if available.
Ask agent to log tag numbers, carousel number, drop-off time, handling notes, and any damage observed; read back logged details to confirm accuracy.
Provide delivery address, daytime phone, and email as contact details; confirm preferred delivery window and whether signature will be required.
Obtain printed PIR copy with agent name, station code, incident timestamp, and unique reference code; take photo of PIR and reference barcode.
Request written explanation of next steps, search timeline, and escalation path; note promised deadlines and who will update passenger.
Make brief inventory of high-value items inside bag with approximate values; keep full itemized claim to submit later unless agent asks to include it on spot.
Collect receipts related to purchases made to replace necessities before leaving terminal; keep originals and photograph copies as claim records.
Ask about emergency assistance policy, such as overnight kit or immediate-need allowance, and how to claim reimbursement; get policy code or reference.
If agent refuses to issue PIR or gives unclear instructions, request duty manager or supervisor; record name, employee ID, time, and summary of conversation.
Before leaving departure area, confirm update methods (SMS, email, phone), expected next-contact date, and who to call if reference number becomes unavailable.
Evidence to retain
Keep PIR copy, boarding pass, bag tag stubs, photos of bag and contents, serial numbers of electronics, purchase receipts, and list of high-value items with estimated values.
Store digital copies in phone and cloud storage; email copies to personal account with incident reference as subject.
Save agent contact details and any written timeline or policy reference provided at desk.
What immediate expenses (toiletries, clothing, medication) are reimbursable and how to document them
File a provisional claim at carrier desk and submit original receipts within 24 hours to secure reimbursement of essential toiletries, clothing items, and prescription medication.
Eligible items and typical limits
Commonly accepted emergency purchases include: basic toiletries (toothbrush, toothpaste, deodorant), a single change of clothes, urgent prescription meds, baby formula and diapers, contact lens supplies, basic phone chargers, and prosthetic or medical supplies replaced while separated from checked baggage. Carriers usually accept purchases described as “reasonable” and “necessary” during a trip interruption; typical ranges seen in carrier policies and case law: toiletries $10–$40 per passenger, clothing $50–$150 per passenger, prescription medication full retail price with supporting documentation. Check carrier contract of carriage for specific caps applicable to a given itinerary.
Item category | Typical reimbursement range | Documentation required | Example receipt note |
---|---|---|---|
Toiletries | $10–$40 | Original itemized receipt; PIR or claim number; passenger name; flight number | “Toothbrush, toothpaste – $12 – Flight AA123 – John Doe – PIR 456789” |
Clothing (basic) | $50–$150 | Original itemized receipt; photo of purchased items on passenger; carrier incident report number | “Men’s shirt – $45 – Flight AA123 – John Doe – PIR 456789” |
Prescription medication | Full cost (no cap typical) | Original pharmacy receipt showing medication name; copy of prescription or label; medical note if available | “Amoxicillin 500mg – $23 – Prescription RX12345 – John Doe – PIR 456789” |
Baby supplies | $20–$80 | Original receipt; child age on boarding pass or ID; incident report number | “Infant formula 400g – $18 – Passenger Jane Doe – PIR 456789” |
How to document purchases and submit claims
1) Obtain an incident report number (PIR) at carrier desk and note agent name; include that number on every receipt copy. 2) Keep original receipts; do not submit photocopies unless original lost, then explain via sworn statement. 3) Annotate each receipt with passenger name, flight number, date, and PIR number; add short reason code such as “emergency replacement due to baggage separation.” 4) Photograph purchased items alongside receipts and boarding pass; capture store name, date stamp, and payment method. 5) Gather supporting medical documents when medication involved: prescription label, doctor note, or pharmacy stamp. 6) Submit claim via carrier online portal or email within carrier’s stated deadline (commonly 7–21 days); attach PIR, originals or high-quality scans, and a short expense summary. 7) Retain all originals until claim closure plus 60 days beyond reimbursement date in case audit requested.
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How compensation limits work under Montreal Convention and U.S. DOT rules – calculating your claim
Calculate maximum recoverable amount immediately: use Montreal Convention SDR cap or carrier domestic liability limit, convert SDR using IMF rate on claim date, gather receipts and submit claim within required deadlines.
Key numeric limits and deadlines
- Montreal Convention baggage liability cap: 1,288 SDR per passenger (apply SDR-to-currency rate dated claim submission).
- Notification windows under Montreal: damaged items – written notice within 7 days from delivery; delayed items – written complaint within 21 days from delivery date; legal action – within 2 years from date of arrival or scheduled arrival.
- U.S. DOT/domestic: no single federal dollar cap; carrier contract of carriage sets maximum liability. Many major U.S. carriers currently list approx $3,800 per passenger for checked items, but always verify carrier-specific figure.
Step-by-step calculation method
- Identify governing regime: any international segment governed by Montreal Convention; wholly domestic itineraries governed by carrier contract plus DOT guidance.
- If Montreal applies, retrieve current SDR exchange rate from IMF or central bank on claim date. Multiply 1,288 SDR by that rate to obtain local-currency cap. Example: SDR = 1.36 USD → cap = 1,288 × 1.36 ≈ $1,753.
- If domestic regime applies, open carrier contract of carriage and note stated liability cap and claim submission deadlines. Use carrier cap as upper limit unless special declaration of higher value was purchased at check-in.
- Compile itemized claim spreadsheet: column A – item description; B – original purchase price; C – purchase date; D – current replacement price; E – receipts/proof link or scan; F – claimed amount. Sum claimed amounts, then apply legal cap (smaller of total claimed or applicable liability limit).
- Adjust claimed amount by depreciation if carrier uses actual cash value rather than replacement cost; include supporting market data or recent receipts to justify replacement-cost claim. If special declaration of value exists, attach declaration receipt and carrier acceptance.
- Prepare claim packet: PIR or incident report number, boarding pass, baggage tag images, claim spreadsheet, original receipts, photos of damage (if any), proof of expenses incurred due to delay, and currency conversion evidence (IMF SDR rate screenshot or link). Submit via carrier claim portal and retain submission confirmation.
Practical examples:
- Example A – Montreal claim: itemized total = $2,200; SDR-converted cap = $1,753 → payable amount = $1,753 unless higher declared value existed.
- Example B – domestic claim: carrier cap = $3,800; itemized total = $2,600 → payable amount = $2,600; itemized total = $4,500 → payable amount limited to $3,800 unless proof of pre-paid higher value supplied.
Tips to maximize recovery:
- Submit written claims within Montreal and carrier deadlines; missed deadlines often reduce or void entitlement.
- Retain original receipts and bank statements; scanned copies accepted in most cases but originals strengthen case during appeal or litigation.
- Declare high-value items at check-in when possible and purchase excess valuation coverage; save declaration receipt as proof of accepted higher liability.
- If carrier proposes settlement below documented loss, request written settlement breakdown and cite Montreal or carrier contract limits when applicable; escalate via DOT consumer complaint portal when domestic carrier response appears noncompliant.
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Timelines and escalation: when baggage is “missing,” claim deadlines, and how to pursue disputes or small claims
Recommendation: Submit a formal written claim to carrier within 21 days after scheduled arrival; if carrier ignores or rejects claim, send a certified demand letter with a 30-day response time; if no acceptable resolution, file a regulator complaint or a small-claims action.
Legal deadlines (international travel governed by Montreal Convention): Checked-baggage typically becomes irretrievable after 21 days of delay measured from scheduled arrival. Damage must be reported in writing within 7 days of bag receipt. Delay claims should be submitted in writing within 21 days from date bag was placed at passenger disposal or expected to be placed. Time to commence legal action: two years from actual arrival date or expected arrival date.
Domestic carrier practice and contract review: Many carriers set internal deadlines inside contract of carriage that mirror Montreal deadlines, though some variations exist. Always check carrier contract immediately after misplacement event and file any required written claim within stated window. Regulatory complaint options may differ by jurisdiction.
Step-by-step escalation path
Step 1 – Compile claim packet: booking reference, PIR/ref number, boarding pass, claim form copy, itemized receipts, photos, serial numbers, written value estimate, documentation of replacement expenses, copies of all communications.
Step 2 – Demand letter: Send packet via certified mail or tracked courier with signature confirmation. State claim amount, attach evidence, demand response within 30 days, and list intended next actions (regulator complaint, small-claims filing, litigation under Montreal Convention). Keep postal receipt and delivery confirmation.
Step 3 – Regulator complaint: If carrier response is absent or inadequate, file a complaint with appropriate regulator: US DOT Aviation Consumer Protection Division when flight involves US jurisdiction, or national civil aviation authority where ticket was issued or carrier is based. Attach demand packet and carrier responses.
Step 4 – Small-claims filing: If claimed amount fits local small-claims limit, file suit in small-claims court. Venue options: county where carrier maintains business agent, county where ticket was purchased, or passenger residence county. Bring originals and copies: demand letter, certified-mail receipts, carrier responses, receipts proving value, PIR, photos, timeline. Expect simplified procedure and limited hearing time; court fee and service costs may apply.
When to choose small claims versus full litigation: Use small claims when monetary relief requested is within jurisdictional cap and legal fees would exceed recovery. Preserve right to bring full litigation within two-year Montreal Convention window when international transport is involved.
Alternative dispute resolution and arbitration: Check carrier contract for mandatory arbitration or ADR enrollment clauses. If binding ADR is present and acceptable, ADR can resolve disputes faster. If clause is mandatory and restricts court access, evaluate cost/benefit before declining participation.
Evidence checklist for escalation success: PIR/ref number, timestamped photos, original receipts, replacement receipts, serial numbers, signed witness statements when available, certified-mail proof, all carrier correspondence, itemized damage/loss valuation, copy of contract of carriage. Organize evidence into a single PDF when uploading to regulator portals or attaching to small-claims filing.
Timing rules summary: 7 days for damage notice; 21 days for delay notice and abandonment threshold; 2 years to commence legal action under Montreal Convention. Verify carrier contract of carriage and local law immediately after initial claim to avoid missing shorter carrier-specific windows.