A suitcase that never appears on the carousel at the end of a European trip is often met with the assumption that the airline will offer some flat, token payout — a fixed sum regardless of what was actually inside. That's not how the law works. Claims for lost, damaged, or delayed baggage on flights within and connecting to the EU are governed by the Montreal Convention, and the real compensation available is tied to the value of what you lost, not a flat rate.
The liability cap — and why it isn't a fixed euro figure
Airlines are financially liable for your belongings up to a maximum set in Special Drawing Rights (SDRs), an IMF unit of account rather than a fixed currency amount. As of the most recent five-yearly ICAO revision (effective 28 December 2024), that cap is 1,519 SDR per passenger — roughly €2,000, though the exact euro value fluctuates with the SDR exchange rate on any given day. This is not a flat payout: airlines reimburse the real, demonstrated value of what was lost or damaged, up to that ceiling, so keeping receipts and an itemised inventory matters directly to how much you can recover.
The 21-day threshold: from "delayed" to "lost"
Once your baggage has been missing for more than 21 days, it legally transitions from "delayed" to formally "lost," which activates your right to claim compensation for its full value up to the liability cap, rather than just reimbursement for essential purchases made while you waited.
The 7-day deadline for damage claims
If your baggage arrives damaged rather than lost, you face a much tighter, non-negotiable deadline: a written claim must be filed with the airline within 7 days of delivery. Missing this window can forfeit your claim entirely, regardless of how clear the damage is.
Never leave without the paperwork
Don't leave the baggage claim area without filing a Property Irregularity Report (PIR) at the airline's desk or their ground-handling agent's office. The PIR is the evidentiary backbone of any later claim — without it, proving the bag didn't arrive on time becomes far harder.
Claiming for essential items while you wait
While away from your normal place of residence and without your checked baggage, you're entitled to purchase reasonably necessary essentials — a change of clothes, basic toiletries, phone chargers — and claim them back. Keep every receipt and submit them itemised alongside your final claim; "reasonable" is the operative word, so an extravagant shopping spree isn't what this covers.
What happens once you submit
Airlines generally have their own internal claims department that reviews PIR documentation, receipts, and (for lost baggage past 21 days) an itemised valuation of contents. Escalation to a national aviation authority or ombudsman is available if the airline denies a claim that's properly documented and within the deadlines above.
Sources
- Montreal Convention (1999) — Articles 17, 22, and 31 (baggage liability, deadlines, PIR requirement)
- ICAO — 2024 revision of Montreal Convention liability limits (effective 28 December 2024)