You land, wait at the carousel, and watch as other passengers collect their bags one by one. The carousel eventually stops. Your luggage is not there. This is delayed baggage — and it happens to millions of passengers every year.
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What many people do not realise is that delayed baggage is governed by a completely different legal framework from flight delays. While a 3-hour late arrival might entitle you to EC 261/2004 compensation of up to €600, delayed baggage falls under the Montreal Convention 1999 — an international treaty that covers the liability of airlines for baggage. Understanding which law applies, and what it means for your claim, is the key to getting what you are owed.
Delayed Baggage vs Lost Baggage — The Important Distinction
Airlines and passengers often blur the line between delayed and lost baggage, but the distinction is legally significant.
Delayed baggage means your bag was on a different flight and has not arrived yet, but the airline can still trace it and expects to deliver it. The airline's tracing system (typically the World Tracer database) shows its location and routing.
Lost baggage means the airline has been unable to locate your bag after an extended search — typically 21 days or more after the delayed baggage report was filed. At the 21-day mark, the Montreal Convention's liability provisions shift from the delayed baggage regime to a more substantial compensation framework for loss.
Damaged baggage is a separate category with its own filing deadlines (7 days from receipt of the damaged bag).
For the purposes of this article, we focus on delayed baggage — bags that arrived late but were eventually delivered.
Your Claim Under the Montreal Convention
The Montreal Convention 1999, which applies to international flights and has been adopted into EU law via Regulation 2027/97, allows passengers to claim for expenses actually incurred as a result of their baggage arriving late. This is not a fixed-amount claim like EC 261/2004 — you must prove what you spent.
The maximum liability under the Montreal Convention for baggage delay is 1,288 Special Drawing Rights (SDR) — approximately €1,500 at current exchange rates (the SDR rate fluctuates). This cap applies per passenger, not per bag.
Within this limit, you can claim for:
Clothing: If you arrived without a change of clothes — for a business trip, a holiday, or any other reason — you can claim the cost of purchasing essential clothing. "Essential" is the operative word: a pair of trousers, a shirt, underwear, socks. Not a designer outfit.
Toiletries: Toothbrush, toothpaste, deodorant, shampoo, basic skincare. Items you would normally have had in your checked bag.
Medication: If you had prescription medication in your hold luggage (not recommended, but it happens), you may be able to claim the cost of obtaining an emergency replacement prescription.
Other necessary items: Any purchase that was genuinely necessary because your bag was delayed — for example, sports equipment if you arrived for a skiing trip without your gear.
What you cannot claim:
- Items you would have bought anyway (a souvenir, luxury goods)
- Costs that are not directly linked to the baggage delay
- Expenses without receipts
How to File a Property Irregularity Report (PIR) at the Airport
This step is critical and time-sensitive. You must file a PIR before leaving the airport baggage claim area. If you leave without filing, it becomes significantly harder to pursue a claim, and some airlines will reject it outright.
At the airport:
- Go to the airline's baggage desk or baggage handling agent's desk (not the check-in desk — the landside baggage office in the arrivals area).
- Report that your bag has not arrived. The agent will search the World Tracer system.
- If the bag cannot be found immediately, you will be asked to complete a Property Irregularity Report (PIR). Make sure to receive a copy with a file reference number.
- Provide a detailed description of your bag: colour, brand, size, any distinguishing features.
- Give the airline your contact details and delivery address if you want the bag delivered when found.
Keep your baggage receipt (claim tag). This is the small sticker attached to your boarding pass at check-in. It is proof that you checked the bag and a key identifier for the tracing process.
Take a photo of the baggage claim area's empty carousel if possible — a timestamped photo showing no bags is useful corroborating evidence.
Deadlines: You Have 21 Days
The Montreal Convention imposes a strict deadline for filing delayed baggage claims:
21 days from the date the baggage was delivered to you.
If your bag arrives 5 days after your flight, you have 21 days from that 5-day-later delivery date to submit your written claim to the airline.
This is not 21 days from your flight date — it is 21 days from when you actually received the bag. The claim must be in writing (email is acceptable) and submitted to the airline within this window, or you lose your right to compensation under the Montreal Convention.
Best practice: Submit your expenses claim as soon as you have receipts, while the delay is still fresh and documented. Do not wait until the 21-day deadline.
For lost baggage (bag never delivered within 21 days of reporting): The 21-day period applies differently — once 21 days have passed without the bag being delivered, the bag is treated as lost and you can claim the full replacement value (still within the 1,288 SDR cap).
Step-by-Step: How to Claim Delayed Baggage Expenses
Step 1 — File the PIR at the airport (before leaving baggage claim). Get the file reference number.
Step 2 — Buy only what you genuinely need. Keep all receipts. If you need to buy a shirt for an important meeting because your suits are in the delayed bag, buy the shirt — but buy reasonably. One outfit, not five.
Step 3 — Document the delay. Keep the airline's baggage tracking updates, any emails or SMS messages from the airline about your bag's whereabouts, and a note of when you actually received your bag.
Step 4 — Submit your claim in writing. Within 21 days of receiving your bag, send the airline a written claim including:
- Your name, booking reference, and flight details
- The PIR file reference number
- A list of items purchased and their costs
- Copies of all receipts
- A statement of the dates your bag was unavailable
Step 5 — Follow up if ignored. Airlines frequently delay responses to baggage claims. Chase after 2–3 weeks if you have heard nothing.
Step 6 — Escalate if refused. Unreasonable refusals can be challenged through your national civil aviation authority, a consumer protection agency, or via legal action in the local courts (for smaller amounts, small claims procedures are available in most EU countries).
Frequently Asked Questions
My bag was delayed by 48 hours on a package holiday — can I claim?
Yes, provided you incurred expenses as a result of not having your bag. Keep all receipts and submit your claim to the airline within 21 days of receiving your bag. If the delay was on a charter flight, the same Montreal Convention rules apply.
The airline offered me €50 at the airport as a "goodwill gesture" — does accepting that waive my further rights?
Be cautious. If the goodwill payment is framed as "full and final settlement," accepting it may limit your ability to claim more. Ask for written confirmation that the payment does not represent a settlement of all claims before accepting. If you are not sure, decline and file a proper claim.
Can I claim the full €1,500 even if my actual costs were only €200?
No. The Montreal Convention cap of 1,288 SDR (~€1,500) is a maximum, not a fixed payout. You can only claim for expenses actually incurred and evidenced with receipts. If your costs were €200, you can claim €200.
My airline says delayed baggage is my travel insurance's problem, not theirs — is that right?
No. The Montreal Convention places primary liability on the airline. Your travel insurance may also cover some costs, but the airline cannot redirect you to your insurer as a substitute for its own legal obligations. File with the airline first; your insurer is a secondary option.
What if the airline permanently loses my bag — what can I claim?
If your bag is declared lost (typically after 21 days from the PIR filing without the bag being found), you can claim the value of the bag's contents up to the 1,288 SDR limit. Document the contents as specifically as possible (a rough inventory with estimated values). If you had declared excess value at check-in and paid a surcharge, your limit may be higher.
Not sure how much you can claim? Use our compensation calculator to check your eligibility in under a minute.