Damaged Airline Baggage:
How to Claim Compensation

Damaged, Delayed or Lost Baggage: What's the Difference?

Not all baggage-related issues are the same. The law distinguishes between three different situations, each with its own deadlines and passenger rights. Understanding the difference is essential to avoid losing your right to compensation.

In all three cases, the applicable legislation is the 1999 Montreal Convention, implemented in the European Union through EC Regulation 889/2002. It establishes the airline's strict liability for checked baggage: the carrier is liable even without fault, and the passenger is not required to prove any negligence on the airline's part.

Damaged Suitcase: What to Do Immediately at the Airport

Every action you take in the first few minutes after collecting your baggage is crucial to protecting your rights. Follow these steps in the correct order and do not leave the baggage reclaim area until you have completed the report.

• Take detailed photographs of the damage: document every visible sign of damage before leaving the airport. Photograph the suitcase from multiple angles, with the baggage identification tag still attached. These photos will be your primary evidence.
• Go to the Lost & Found office: every airport has one in the baggage reclaim area. The staff are there to handle exactly this type of situation. Do not leave the area before reporting the problem.
• Complete the PIR (Property Irregularity Report): this is the official damage report. Without it, you will not be able to submit a compensation claim. Always keep a copy signed by the staff member.
• Ask the staff to officially record the damage: make sure the damage is documented and entered into the airline's system. This will strengthen your position if your claim is disputed.
• Keep your baggage identification tag: the tag attached to your suitcase at check-in is an essential document for your claim. Do not throw it away.

What Damage Is Covered and What Isn't?

The airline is liable for damage caused during transport, but not for every type of damage. It is important to know in advance what is covered to avoid surprises when submitting your claim.

Damage covered by the Montreal Convention

• Structural damage to the suitcase: cracked or broken shell, broken handles, damaged or missing wheels, bent frame.
• Broken or damaged zippers caused during loading or unloading operations.
• Damage to the contents of the baggage caused by crushing or improper handling.
• Suitcase completely destroyed and no longer usable.

Damage not covered by the Montreal Convention

• Minor scratches, small dents and signs of normal wear and tear.
• Damage that existed before the suitcase was checked in.
• Damage caused by inadequate packing or fragile items that were not properly protected.
• Carry-on baggage: liability applies only if fault on the part of the airline staff can be proven.
• Valuable items (jewellery, electronics, cash) not declared at check-in: difficult to recover without a higher value declaration.

How Much Compensation Can You Receive for Damaged Baggage?

The Montreal Convention sets the maximum compensation limit at 1,519 SDRs (Special Drawing Rights), an international reserve asset defined by the International Monetary Fund. At the current exchange rate, this corresponds to approximately €1,600 per passenger. The limit was updated by ICAO with effect from 28 December 2024.

The actual amount you can receive depends on the nature of the damage and the documentation you are able to provide:

Can You Increase the Compensation Limit?

Yes. If you are travelling with items whose value exceeds the standard limit, you can make a special declaration of value at check-in by paying an additional fee to the airline. In this case, the maximum compensation limit is increased to the declared value. This is particularly useful if you are travelling with photographic equipment, musical instruments or other valuable items.

How to Submit a Claim to the Airline

After completing the PIR at the airport, you have 7 days from the date your baggage was returned to submit a formal written claim to the airline's customer service department. After this deadline, your right to compensation is permanently forfeited.

The following documents must be attached to your claim:

• Original PIR issued at the airport when the damage was reported.
• Boarding pass or flight booking confirmation (including flight number, route and date).
• Baggage identification tag (the tag attached to your suitcase at check-in).
• Detailed photographs of the damage, preferably taken before leaving the airport.
• Repair estimate from an authorised repair centre, or a certificate confirming that the suitcase cannot be repaired if it is beyond repair.
• List of the damaged items, including the value of each item (for the baggage contents).
• Receipts or proof of purchase for the suitcase and the damaged items, where available.
• Full bank details (IBAN and SWIFT/BIC) for reimbursement.

The claim can be submitted via the airline's online claim form, by email or by registered post to the airline's customer service department. It is strongly recommended that you submit your claim in writing and keep proof of submission as evidence of the date it was sent.

How to Calculate the Value of the Damage

For the suitcase, airlines generally compensate based on its current market value (not the original purchase price), taking depreciation into account. For damaged contents, you should provide a detailed inventory with the estimated value of each item. Many airlines also require proof of purchase or photographs of the items before the damage occurred. The more documentation you provide, the greater your chances of receiving appropriate compensation.

Damaged Baggage and a Delayed Flight? That's Where ReFly Comes In

Damage to your baggage is often the visible consequence of a wider disruption: a delayed flight, a missed connection or an operational issue that resulted in rushed and improper baggage handling. If your flight was significantly delayed, you may be entitled to two separate forms of protection that should not be confused.

• For damaged baggage: compensation must be claimed directly from the airline under the Montreal Convention, following the procedure described in this guide.
• For a delayed flight or missed connection: if you arrived at your destination more than 3 hours later than scheduled, you may be entitled to compensation ranging from €250 to €600 under EC Regulation 261/2004. This is exactly where ReFly can help.

What ReFly Does for You

ReFly does not handle direct compensation claims for damaged baggage, which must be submitted to the airline. However, if the disruption is linked to a delayed flight or a missed connection, our team can help you obtain the compensation you are entitled to:

• Free assessment of your case: we quickly check whether, in addition to your baggage claim, you are also entitled to compensation for your delayed flight or missed connection.
• Complete claim management: we handle all communication with the airline, saving you from long waiting times and unhelpful responses.
• No upfront costs: you only pay if we successfully obtain compensation for you.
• Proven expertise: our team of specialists has extensive knowledge of passenger rights and aviation regulations, ensuring you receive the highest level of support.

With ReFly, you can deal with both aspects in the most effective way: claim baggage compensation directly from the airline and flight compensation through us.

Deadlines to Remember: Don't Lose Your Rights

One of the most common mistakes is waiting too long before taking action. The Montreal Convention sets strict deadlines: missing them means permanently and irrevocably losing your right to compensation.

• Immediately at the airport: take photographs and complete the PIR before leaving the baggage reclaim area.
• Within 7 days of receiving your baggage: submit your written claim with all supporting documentation for damaged baggage. This is the shortest and most critical deadline.
• Within 21 days of receiving your baggage: submit a written claim for delayed baggage (if your suitcase arrived after you but was not damaged).
• Within 2 years from the date of the flight: general limitation period for any legal action (Art. 35 of the Montreal Convention).

Even if you are still within the deadline, it is always advisable to act as soon as possible: memories are fresher, documentation is easier to obtain, and your chances of success increase significantly.

Practical Tips to Prevent Baggage Damage

Prevention is always better than having to deal with a disruption. Here are some good habits to adopt before every flight to reduce the risk of damage and to be prepared if it does happen.

• Photograph your baggage before check-in: having visual proof of your suitcase's original condition is extremely useful in the event of damage. Also photograph the contents if you are travelling with valuable items.
• Attach an identification label both outside and inside your suitcase with your name, phone number and email address.
• Use a high-quality hard-shell suitcase: hard-shell suitcases withstand handling during transport better than soft-sided luggage.
• Do not place valuable items in checked baggage: jewellery, electronics, important documents and essential medication should always travel in your carry-on baggage.
• Check your credit card coverage: many premium credit cards include insurance for damaged baggage, automatically activated if you purchased your ticket with that card.
• Consider making a special declaration of value at check-in: if you are travelling with valuable items, this declaration increases the maximum compensation limit and provides better protection in the event of damage.