Can I receive compensation if my luggage is lost?
October 24, 2023 | 40,00 EUR | answered by Fred Kock
Dear Travel Law Attorney,
My name is Lucas Niemeyer and I recently took a trip during which my luggage was lost. I checked in my suitcase at the airport and when I arrived at my destination, my luggage was nowhere to be found. I immediately filed a claim with the airline, but so far my luggage has not been located.
I am very concerned as my suitcase contains important personal items and clothing. I am wondering if it is possible to receive compensation for the loss of my luggage. I have also done some research online, but the information is conflicting and I am not sure what rights I have in this situation.
Could you please explain to me what the legal situation is when a piece of luggage is lost and what steps I can take to receive compensation? Are there specific deadlines that I need to meet in order to make a claim? I would greatly appreciate it if you could assist me with this matter.
Thank you in advance.
Sincerely,
Lucas Niemeyer
Dear Mr. Niemeyer,
Thank you for your inquiry regarding the loss of your luggage during your recent trip. I am sorry to hear that you had to experience this unpleasant situation. I would like to help clarify the legal situation for you and inform you about the steps you can take to receive appropriate compensation for the loss of your luggage.
If your luggage is lost during a flight, passengers' rights are protected by the Montreal Convention of 1999. According to this Convention, airlines are liable for the loss or damage of luggage up to a maximum of 1,131 Special Drawing Rights (approximately 1,400 euros) per passenger. This liability limit applies regardless of whether the luggage was lost on a domestic or international flight.
To receive compensation for the loss of your luggage, you must first file a loss report with the airline. This should be done as soon as possible, ideally directly at the airport at the baggage claim office. The airline is obligated to search for your luggage and return it within 21 days. If the luggage is not found, you are entitled to compensation according to the liability limit of the Montreal Convention.
It is important that you keep all relevant documents, such as the baggage receipt, the loss report, and any receipts for the value of the lost items. These will be needed to file your claim. If the airline refuses to pay appropriate compensation, you can take legal action and consult a travel law attorney.
Regarding the deadlines you must adhere to in order to make a claim, I recommend that you submit the loss report to the airline within 21 days of receiving your luggage. This is the deadline set in the Montreal Convention. If you wish to take further legal action, you should do so within two years from the date of the incident.
I hope this information helps you and answers your questions. If you need further assistance or legal advice, I am at your disposal. Please do not hesitate to contact me.
Best regards,
Fred Kock
Travel Law Attorney
