Passengers often encounter situations where their checked baggage is lost, damaged, or delayed.

The airline’s liability for baggage damage, loss, and delayed delivery is defined under the Convention for the Unification of Certain Rules for International Carriage by Air, signed in Montreal on May 28, 1999. The Montreal Convention has been ratified by 130 countries, including all EU member states, and applies to all international passenger, baggage, or cargo transport.

With Regulation (EC) No. 2027/97 on air carrier liability in the air transport of passengers and their baggage (as amended by Regulation (EC) No. 889/2002), the Montreal Convention is incorporated into European Union law.

The airline’s liability for baggage damage, loss, or delayed delivery does not exceed 1288 SDR (Special Drawing Rights) per passenger. This is the maximum amount of compensation and does not apply automatically; passengers must prove the extent of their losses. The convention provides individual compensation for passengers, assessing each case individually.

To receive compensation, the passenger must take the following steps:

1. Report of Baggage Problems (Property Irregularity Report – PIR)
   If an issue arises, it is important to fill out the Property Irregularity Report (PIR) immediately at the airport. This will notify the airline of the problem as soon as possible and allow them to begin necessary actions. The report also helps the passenger understand which airline to contact for loss compensation in cases involving connecting flights.The airline may request a copy of this report from the passenger, but this is not a legal requirement, so the absence of the report cannot be a reason for the airline to reject the passenger’s claim. However, it may create difficulties for the passenger in proving their case later.
   
2. Filing a Complaint with the Airline
   To receive compensation, the passenger must file a complaint with the airline within the time limits set by the Montreal Convention. Receiving checked baggage without filing a complaint is considered evidence that the baggage was delivered in good condition.
   
   Complaint deadlines:
   • For damaged checked baggage, the passenger must submit a written complaint within 7 days after receiving the baggage.If the baggage is delayed, the complaint must be submitted within 21 days from the day it was made available to the passenger.Checked baggage is considered lost if it has not been delivered within 21 days after the expected delivery date. Although the Montreal Convention does not set a specific deadline for filing complaints, it should always be done as soon as possible.
   
   It should be noted that the airline will not be liable for items that, according to the airline’s rules, cannot be in checked baggage (e.g., jewelry, money, prescription medications, etc.), so the passenger should always be careful and ensure that only allowed items are placed in checked baggage.
   
   Responsible Airline
   If the airline operating the flight is not the same as the one with which the passenger has contracted the transport, the passenger has the right to file a complaint with any of the airlines or make a claim against any of them.
   
   Time Limit for Legal Action
   A claim for damages in court must be filed within two years from the date the aircraft arrived or was scheduled to arrive.