Baggage claims are lost on deadlines far more often than on merits. Two short windows govern almost everything, and the airline has no obligation to remind you they are running.
The short answer
International flights fall under the Montreal Convention. The airline’s total liability per passenger is capped at 1,519 Special Drawing Rights, the IMF’s basket currency. The limit rose from 1,288 SDR on 28 December 2024 and is reviewed every five years. At August 2026 rates that is roughly €1,900, £1,650 or $2,060, so check the current rate before treating any of those as the number.
| What happened | Notify the airline within |
|---|---|
| Damaged baggage | 7 days of receiving it |
| Delayed baggage | 21 days of it being returned |
| Not returned after 21 days | Legally lost, full claim applies |
| Court action | 2 years from arrival |
Miss the seven or twenty-one days and the airline can refuse outright, whatever the merits of the claim.
Two other things worth knowing. The cap is per passenger, not per bag, so a family of four has four caps. And it is a ceiling, not a payout: you get your actual evidenced loss up to that limit.
Delayed baggage: buy what you need
When the bag does not arrive you can claim back reasonable replacement essentials while you wait. Not a shopping spree, but the things you genuinely need because your possessions are somewhere else.
- File a Property Irregularity Report before you leave the airport. This is the single most important step, and everything downstream is harder without it. Get the reference number.
- Keep the report, your boarding pass and your baggage tag.
- Buy what you need and keep every receipt. Toiletries, underwear, a change of clothes, a charger. If you are travelling for a wedding or a conference, appropriate clothing is reasonable too, so say so in the claim.
- Claim in writing within 21 days of the bag coming back.
What counts as reasonable is judged against your circumstances. Two days without luggage on a beach holiday justifies less than five days on a business trip. Airlines often open with a fixed daily rate. That is their policy rather than the law, and you can claim your actual evidenced spending up to the cap.
Do not wait for the bag before starting. Buy, keep receipts, claim when it lands.
Lost baggage and the 21 day rule
After 21 days, delayed baggage is treated as lost. You can then claim for the contents up to the same 1,519 SDR ceiling.
The difficulty is evidence. The airline asks what was in the bag and what it was worth, and “clothes, about €800” settles low.
What helps is photographing your packed bag before you travel. It takes thirty seconds and it is the most effective evidence available to you. Beyond that, keep receipts for expensive items or the card statements showing them, and list items individually with age and price rather than as a lump sum. Expect depreciation on used clothing, which is normal.
Damaged baggage: seven days, and do not leave the airport
Seven days is the tightest deadline in the system, and it runs from when you received the bag.
Report it before leaving the airport if you possibly can, and file a Property Irregularity Report. Photograph the damage with the tag still attached. Keep the bag, because they may want to inspect or repair it.
Airlines almost all exclude normal wear and tear, protruding handles and wheels, and minor scuffs. A cracked shell or a torn seam is not wear and tear.
What is never covered
Airlines exclude fragile, valuable and perishable items from checked baggage liability more or less universally. That means cash, jewellery, watches, laptops, cameras, phones, passports, documents, medication, keys and anything fragile.
This is not a formality. Put all of it in your cabin bag. If a laptop disappears from a checked suitcase, the airline will say it should never have been there, and they will usually be right.
Raising the cap
If you have to check something worth more than the limit, make a special declaration of interest at check-in and pay the supplementary fee. That raises liability to the declared value.
Almost nobody does this, but for genuinely valuable cargo it is the only way above 1,519 SDR, and it costs far less than the loss.
Insurance versus the airline
Travel insurance usually pays faster and with less argument, and often covers items the airline excludes. There are catches. Most policies require you to claim from the airline first. Many pay only the difference between the airline’s payout and your loss. And excesses can make small claims pointless.
Claim from both where the policy allows, but do not expect to be paid twice for the same item.
Frequently asked questions
Does the Montreal Convention apply to domestic flights? No, it covers international carriage. Domestic flights fall under national law or the airline’s own conditions, which are often less generous.
What if the bag turns up after I have been paid? The airline may ask for the money back, or let you keep the bag and repay part of it. Policies vary, so get the terms in writing at settlement.
Can I claim for the holiday I missed because my ski gear was lost? Consequential losses are hard under Montreal and generally sit inside the same cap. Travel insurance is the better route for that.
Is 1,519 SDR per bag? No. Per passenger, however many bags you checked.
Sources: Montreal Convention 1999 (ICAO), Articles 17, 22 and 31. The liability limit rose to 1,519 SDR on 28 December 2024.
Researched from primary sources and checked August 2026. SDR values move with exchange rates, so check the current rate before relying on a euro figure. General information, not legal advice.
