Can you claim?
Does this apply where you are?
US: DOT domestic baggage liability regulation (14 CFR 254) and the Montreal Convention for international flights
UK: Montreal Convention baggage liability, as applied by UK carriers (CAA guidance)
Europe: Montreal Convention (Regulation (EC) No 2027/97 as amended by Regulation (EC) No 889/2002, giving the Convention force in EU law)
Your rights
DOT domestic baggage liability regulation (14 CFR 254) and the Montreal Convention for international flights
- Domestic liability limit
- "The maximum liability amount allowed by the regulation is $4,700 per passenger" for lost, damaged or delayed bags on domestic flights; airlines may pay more but are not required to.
- International liability limit
- For most international flights, the Montreal Convention applies: "The maximum baggage liability for flights covered by the Montreal Convention is currently 1,519 Special Drawing Rights (approximately $2,175.00 US) per passenger."
- Fee refund rule
- A bag fee must be refunded if the bag is declared lost, or is "significantly delayed" — not delivered within 12 hours of a domestic flight's arrival (15 hours for international flights of 12 hours or less; 30 hours for longer international flights) — provided a mishandled baggage report was filed.
Montreal Convention baggage liability, as applied by UK carriers (CAA guidance)
- Complaint deadlines
- Contact the airline in writing within seven days for lost or stolen items, or damaged baggage; within 21 days for delayed bags, counted from receiving the delayed bag.
- Liability limit
- No fixed statutory UK figure is quoted by the CAA beyond the Convention limit; the CAA states the maximum will be "around £1000", though it would be rare to receive this much — actual payout depends on proven value of contents.
Montreal Convention (Regulation (EC) No 2027/97 as amended by Regulation (EC) No 889/2002, giving the Convention force in EU law)
- Complaint deadlines
- Written complaint to the carrier within 7 days of receipt for damaged baggage, and within 21 days of the date the baggage was placed at the passenger's disposal for delayed baggage.
- Liability limit
- Montreal Convention Article 22(2) liability for destruction, loss, damage or delay of baggage is currently 1,519 Special Drawing Rights (SDR) per passenger, the figure most recently adjusted by ICAO for inflation (confirmed via the current US DOT baggage-liability page, which tracks the same treaty limit); a passenger can secure a higher limit by making a special declaration of value at check-in and paying a supplementary fee.
Evidence to gather
- Baggage tag and boarding pass
- Property Irregularity Report (PIR) filed at the airport
- Photos of damage
- Inventory of contents with values
- Receipts for emergency purchases
Steps
- Gather your evidence (see the list above).
- Send a written complaint to the business or provider, citing the rule for your region from "Your rights" above.
- If unresolved by their deadline, escalate using the route named in "Your rights" for your region.
- If still unresolved, consider your region's ombudsman, regulator, or small claims court — see "Your rights" for the specific option.
Your tools
Information, not legal advice. Figures verified against the official sources linked above.