Delays, losses, damage to your luggage: what are you entitled to?

When traveling by air, if you have inconveniences with your luggage, you should know that the deadlines for recourse and compensation depend on the agreement governing the flight you have taken: Montreal Convention or Warsaw Convention.

The applicable convention is indicated on your airline ticket. If not, ask the airline you traveled with.

The Montreal Convention shall apply to:

• a flight between two ratifying States;
• all flights by EU airlines (irrespective of destination).

The Warsaw Convention applies irrespective of the nationality of the company:

• a flight between two States which have not ratified the Montreal Convention;
• a flight between two States, only one of which has ratified the Montreal Convention.

Late luggage

A piece of luggage is considered delayed if it is not present when the aircraft is disembarked but is delivered to you later:

• if your baggage is not present upon arrival, you must immediately report it to the company counter so that it can register your complaint and if necessary initiate a search;
• if there is no counter, make a report on the airline's website or contact the airline as soon as possible to report the absence of your luggage and obtain a file number. You have 21 days from the date the baggage was originally scheduled to be made available to make a written complaint to the carrier. In the absence of a written complaint within that period, any action against the company shall be inadmissible. If you're on holiday, don't wait to go home!

Lost Baggage

If the carrier accepts the loss of your checked baggage or if your baggage has not arrived at its destination within 21 days of the date on which they should have arrived (or 14 days if the flight depends on the Warsaw Convention), they are considered lost. You are then entitled to claim the refund of your suitcase and your lost goods.

What should be done?

You must:

• send a written request to the airline, preferably by registered delivery with notice of receipt, enclosing the invoices for the purchase of the lost goods;
• if you do not have proof, you can be offered compensation by weight (approximately 20 € per kg).

Deadlines for making your claim

The deadline runs from the initial scheduled arrival date. The maximum time limit for making a complaint depends on the international agreement that governs your flight:

• 21 days for the Montreal Convention;
• 14 days for the Warsaw Convention.

Damaged baggage

If your luggage has been damaged or destroyed during transport, you can request the refund of the price of the suitcase and damaged goods, providing the maximum of elements concerning the goods damaged during transport (photographs of damaged goods, purchase invoices...).

You must write to the company:

• within a period of 7 days following receipt of your suitcase (if your flight is subject to the Montreal Convention);
• within a period of 3 days depending on the receipt of your suitcase (if your flight is subject to the Warsaw Convention).

What compensation?

Liability ceilings are set in International Monetary Fund (IMF) units of account known as Special Drawing Rights (SDRs). These vary according to currency fluctuations. Compensation shall be limited to:

• 1,288 SDRs: approximately €1,667per passenger for the Montreal Convention;
• 22 SDRs per kg of baggage: approximately €28 per kg for the Warsaw Convention.

Note that airlines do not refund lost personal effects based on their new value but often apply a discount.

If your company refuses compensation or fails to respond within 2 months

The Directorate General for Competition, Consumer Affairs and Fraud Prevention (DGCCRF) encourages a friendly approach to the competent customer service of the transport operator, by keeping a copy of your complaint.

If your company refuses compensation or fails to respond within 2 months, you can enter the Travel Mediator (MTV), if the company is a signatory to the Charter of Mediation, in order to find an amicable solution.