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You land after hours of flying, wait at the baggage carousel, and your suitcase never arrives. All the other passengers leave. The carousel stops. An airline representative tells you: "Your baggage is not on this flight."
Your trip has just begun, and you are already without clothes, toiletries, and perhaps even essential medication. You have to buy everything out of your own pocket, hoping that your suitcase will arrive within a few days.
What many passengers do not know is that these expenses are not your responsibility. The Montreal Convention requires airlines to reimburse the necessary expenses you incur while waiting for your baggage. And if your delayed baggage is the result of a delayed flight or a missed connection, you may also be entitled to compensation of up to €600 with ReFly, without paying anything upfront.
Baggage is considered delayed when checked baggage is not delivered to the passenger upon arrival at their destination but is later located and returned within a certain period. This is the most common type of baggage-related disruption: according to SITA data, in 2023 approximately 7.6 bags per 1,000 passengers experienced some form of mishandling, with the vast majority involving delivery delays.
The distinction between delayed and lost baggage is important and has significant practical consequences:
| Situation | Definition | Applicable Regulation |
|---|---|---|
| Delayed Baggage | Located and returned within 21 days of the PIR | Montreal Convention — reimbursement of expenses |
| Lost Baggage | Not located within 21 days of the PIR | Montreal Convention — compensation up to ~€1,300 |
| Damaged Baggage | Returned with damage to the suitcase or its contents | Montreal Convention — repair/replacement reimbursement |
In all three cases, the applicable legal framework is the 1999 Montreal Convention, implemented in the EU through Regulation (EC) No. 889/2002. The airline is responsible for checked baggage even without fault: passengers are not required to prove negligence on the part of the carrier.
Everything you do in the first few minutes after landing can make a difference in protecting your rights. Follow these steps in the correct order:
The Montreal Convention allows reimbursement of reasonable and necessary expenses incurred because of delayed baggage. The key principle is proportionality: expenses must be strictly necessary during the waiting period and appropriate to both the duration of the delay and the nature of the trip.
| Category | Examples of Reimbursable Items | Notes |
|---|---|---|
| Clothing | Underwear, socks, t-shirts, essential trousers | Essential items only, not luxury goods |
| Toiletries | Toothbrush, toothpaste, deodorant, razor, shampoo | Basic products, not perfumes or cosmetics |
| Medication | Urgent medication that was inside the baggage | Highest priority, document with a prescription if possible |
| Essential Accessories | Phone charger, power adapter | Only if strictly necessary for the trip |
Not all expenses are reimbursable. Airlines may refuse reimbursement for purchases considered unnecessary or disproportionate to the circumstances:
Once your baggage has been returned, you have 21 days from the date of delivery to submit a formal claim to the airline. After this deadline, your right to reimbursement expires.
The following documents should be attached to your claim:
The claim can be submitted through the airline's online form, by email, or by registered mail to the customer relations department. It is advisable to submit the claim in writing and keep proof of submission.
Meeting the applicable deadlines is essential. Here is a clear summary of the key time limits:
In most cases, delayed baggage is not an isolated event: it is the direct result of a delayed flight, a missed connection, or an operational issue caused by the airline. The baggage may not have been transferred in time to the next aircraft or may have been left behind at a connecting airport.
In these situations, it is important to distinguish between two separate rights:
ReFly does not handle reimbursement claims for delayed baggage expenses. However, if the baggage issue is connected to a flight delay or missed connection, our team can help secure the compensation you are entitled to. Here's what we do:
With ReFly, you can address both issues effectively: baggage reimbursement directly with the airline, and flight compensation with us.
Here's how to do it in 3 simple steps:
It only takes 2 minutes to describe your case and submit the claim. No documents to upload right away.
Our lawyers handle all communications with the airline and, if necessary, the legal proceedings.
Once we have obtained the compensation, you will receive the money directly into your bank account.
Do not leave the baggage reclaim area. Go to the airline's Lost & Found office and complete a PIR (Property Irregularity Report). Keep a copy of the report, your boarding pass, and your baggage tag: these documents are essential for claiming reimbursement of expenses and compensation.
You can request reimbursement for strictly necessary expenses incurred while waiting for your baggage, such as essential clothing, toiletries (toothbrush, toothpaste, deodorant), urgent medication, and other basic necessities. Always keep the original receipts and submit them together with your formal claim to the airline.
You must submit a written claim to the airline within 21 days from the date your baggage is returned to you. After this deadline, you lose the right to reimbursement of expenses. The general limitation period is 2 years from the date of the flight.
If you have not received any news about your baggage within 21 days of filing the PIR, it is officially considered lost. From that moment, you can begin the compensation procedure for lost baggage, with compensation of up to approximately €1,300 under the Montreal Convention.
Yes. Under the 1999 Montreal Convention, the airline is responsible for checked baggage and must reimburse documented necessary expenses incurred during the delay. The overall maximum liability limit is 1,288 SDRs (approximately €1,300–€1,600), although in practice reimbursement is generally limited to the actual documented expenses incurred.
Yes. In many cases, baggage is not transferred in time to a connecting flight because the first flight was delayed. In such situations, in addition to reimbursement of baggage-related expenses, you may also be entitled to a compensation of up to €600 under EU Regulation 261/2004 for the overall arrival delay. ReFly handles exactly this type of compensation.
ReFly does not handle the direct reimbursement of expenses related to delayed baggage, as these claims must be submitted to the airline. However, if your baggage was delayed because your flight was delayed or because you missed a connection, ReFly can help you obtain compensation of up to €600 under EU Regulation 261/2004. The assessment is free, and you only pay if we successfully obtain compensation for you.
Few air travellers are aware of their rights, and many do not have the legal expertise needed to claim compensation in the event of a cancelled flight or delayed baggage. Even when they are informed, the process of obtaining compensation from airlines can be complex.