Air travel: delay, loss or damage of luggage, what recourse?

When traveling by plane, if you have inconveniences with checked and hold baggageHowever, the time limits for appeal and compensation depend on the agreement governing the flight you have taken and which is indicated on the ticket:

The Montreal Convention which applies to:

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

The Warsaw Convention which 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.

Delayed baggage

A piece of luggage is considered delayed when it is not present when you get off the plane but is delivered to you later free of charge.

When you find that your baggage is not there when you arrive, report it immediately to the ticket office of the company that made the last flight so that they can register your claim and start the search. If there is no counter, contact the airline as soon as possible to report the absence of your luggage and obtain a file number.

If during this waiting period you had to buy basic necessities (hygiene products, underwear, etc.), you can ask the airline for a refund on presentation of the invoices. It is therefore always necessary to keep proofs of purchase (invoices with the name of the store, the date, the details of the items, etc.) because the payment tickets made by credit cards are not sufficient.

You have 14 days from the date of delivery of the baggage with the Montreal Convention and 21 days with the Warsaw Convention to send a written complaint with acknowledgement of receipt to the carrier.

Lost Baggage

If your baggage has not arrived at its destination within 21 days of the date it should have arrived, it is considered lost. You are then entitled to claim reimbursement of the goods and suitcase.

You must send a written request to the airline with the purchase invoices for the lost goods within 14 days of the notification of the loss for the Montreal Convention and 21 days for the Warsaw Convention. If you don't have proof, you can be compensated by the weight.

Damaged luggage

If you find at the reception of your luggage that it has been damaged or destroyed during transport, you can ask the carrier for a refund of the price of your suitcase and damaged goods.

To do this, you must write to the company within 3 days of receiving your suitcase for the Montreal Convention and 7 days for the Warsaw Convention, providing as much information as possible concerning goods damaged during transport (photographs, purchase invoices...).

Allowances

Liability ceilings are set in International Monetary Fund (IMF) units of account known as Special Drawing Rights (SDRs), which vary according to currency fluctuations. They may be as high as:

• 1,000 SDRs (approximately €1,330) per passenger for the Montreal Convention;
• 17 SDRs per kg of baggage, approximately €20 per kg for the Warsaw Convention.

In case of dispute with the airline

If the company refuses compensation, you can refer the matter to the Tourism and Travel Ombudsman (MTV) who can find an amicable solution and thus avoid resorting to a court. The MTV referral can be made online or by post: MTV Mediation tourism and travel - BP 80 303 - 75823 PARIS Cedex 17.

If the amicable procedures do not succeed, you can go to court and seek damages for the damage suffered. The competent court depends on the amount of money involved in the litigation, it is:

• the Court of Justice or the District Court for a dispute less than or equal to €10,000 ;
• the Court of First Instance for a dispute exceeding €10,000.

You have 2 years to file a liability claim against the company or before the courts.