How to
Lost or Delayed Luggage: Your Rights (2026)
Lost, delayed, or damaged checked bag? Know your Montreal Convention rights, the claim deadlines, and how to get your bag fee and costs refunded.
Published July 8, 2026 · AI-assisted editorial
If an airline loses, delays, or damages your checked bag, you have enforceable rights under the Montreal Convention: up to about US$2,000 in compensation, reimbursement for essential replacement items, and strict filing deadlines. On flights touching the United States you can also get your checked-bag fee refunded automatically. Here is exactly what to do.
Act at the airport before you leave
The single most important step happens the moment you realise your bag has not arrived: file a report at the airline's baggage desk before you leave the airport. This is usually called a Property Irregularity Report (PIR) or a Mishandled Baggage Report (MBR). Get a written copy and a reference number.
If you walk out first and come back later, airlines can and do argue that the bag was fine when you left. Keep your boarding pass and the checked-bag tag stub as well, and photograph any obvious damage to a bag at the carousel before you hand it back for inspection.
Your compensation limit: the Montreal Convention
Most international journeys are covered by the Montreal Convention, a treaty adopted by more than 130 countries that sets a single, worldwide standard for baggage liability. It applies to international flights between two treaty countries, including the return leg.
Effective 28 December 2024, the airline's maximum liability for the destruction, loss, damage, or delay of checked baggage rose to 1,519 SDR per passenger (up from 1,288 SDR). SDR stands for Special Drawing Right, a currency basket used by the International Monetary Fund; 1,519 SDR works out to roughly US$2,000, though the exact dollar figure moves with exchange rates.
Two things travellers routinely get wrong about this number:
- It is a ceiling, not an automatic payout. You have to document and prove your actual loss with receipts and an itemised list. Claim for the depreciated value of used clothing, not the price of a brand-new wardrobe.
- The limit is per passenger, not per bag. A family of four each has their own limit.
Deadlines that make or break your claim
Miss the written-complaint window and the airline can reject an otherwise valid claim. These deadlines are fixed by the Convention and apply regardless of what a call-centre agent tells you.
| Situation | Deadline to file a written complaint | What counts as the start date |
|---|---|---|
| Damaged checked bag | 7 days | The day you received the bag |
| Delayed baggage | 21 days | The day the bag was finally delivered to you |
| Lost baggage | Treat as lost after 21 days undelivered | File as soon as the airline declares it lost |
| Court claim (any) | 2 years | The date the aircraft arrived or should have arrived |
A "written complaint" can be an email or the airline's online baggage-claim form, as long as it is dated and references your PIR number. Send it even if the airline says it is still searching, because the clock does not stop while they look.
Delayed baggage: buy essentials and keep every receipt
While your bag is delayed, the airline must reimburse reasonable, necessary purchases you make to get by, up to the same 1,519 SDR limit. Think toiletries, underwear, a change of clothes, and a phone charger, not a luxury shopping trip.
Buy modestly, keep every receipt, and submit them with your delay claim inside the 21-day window. If you are travelling for a specific event, such as a wedding or a business meeting, note it in your claim, because the definition of "necessary" flexes with the circumstances.
US flights: get your checked-bag fee back automatically
Separate from the Convention, the US Department of Transportation now requires airlines to automatically refund the checked-bag fee when a bag is significantly delayed. The refund is triggered once you file a mishandled baggage report and the bag is not delivered within:
- 12 hours of a domestic flight's arrival at the gate, or
- 15 hours (for international segments of 12 hours or less) to 30 hours (for longer segments) of an international flight's arrival.
The refund must be issued in your original form of payment without you having to chase it. This is on top of any Montreal Convention compensation for the delay itself, so file the baggage report even for a same-day delay.
Damaged baggage: photos and the 7-day rule
Damage claims have the tightest deadline: 7 days. Photograph the damage before you leave the airport, keep the bag, and file in writing within a week. Airlines commonly exclude normal wear and tear, minor scuffs, and the failure of pull handles or wheels on older cases, so focus your claim on damage that clearly happened in transit and affects the bag's use.
EU flights: it is the Montreal Convention, not EU261
A widespread myth is that EU261 pays out for lost luggage. It does not. EU261 covers flight delays, cancellations, and denied boarding only. Baggage problems on EU flights are governed by the Montreal Convention, brought into EU law by Regulation (EC) 2027/97, with the same 1,519 SDR limit and the same 7-day and 21-day deadlines. If a comparison site or agent tells you to claim baggage compensation "under EU261," they are pointing you at the wrong rule.
When travel insurance beats an airline claim
Sometimes it is faster and more generous to claim from your own travel insurance than from the airline. Insurance often pays out quicker, may cover items the airline excludes (such as electronics beyond the airline's low per-item caps), and can cover loss that happens outside the airline's custody. You cannot be paid twice for the same item, so compare the payout limits and choose whichever route actually covers your loss. For a delay, you can claim the airline's bag-fee refund and lodge an insurance claim for the delayed-baggage benefit at the same time.
Protect yourself before you fly
The best claim is the one you never have to file. A few habits cut your risk sharply:
- Carry on the irreplaceable. Medication, travel documents, jewellery, and electronics belong in your cabin bag. Airline liability for these items inside checked baggage is minimal.
- Photograph your packed bag and keep a rough inventory. It makes proving value far easier.
- Use a distinctive tag and remove old routing stickers so the bag is not misrouted.
- Mind tight connections. If you recheck bags on a connecting flight, a short layover raises the odds your bag misses the transfer. Our pre-trip checklist covers the full routine.
Finally, if a bag delay throws off your arrival plans, do not let it strand you at the kerb. A pre-booked meet-and-greet driver waits and tracks your flight, so you can head to the baggage desk without worrying about a taxi meter running. And if your whole flight is disrupted, our guide on claiming compensation for delayed or cancelled flights walks through those separate rights.
Baggage claims reward the organised traveller. File on the spot, keep your paperwork, respect the 7-day and 21-day deadlines, and document every cost, and you turn a stressful arrival into a claim the airline has to honour.