With the T5 debacle highlighting the woes of lost luggage, it\'s worth noting what to do if your luggage has gone AWOL
19 April 2008
A traveller's mantra should be: "when I leave the airport it will be either with my luggage or a PIR form"
So, you arrive safely at your destination, passport control is painless for a change and you even find a luggage trolly. All that's left is to stand by the luggage carrousel and wait for your bag. As the mass of bodies around the carrousel begins to dissipate you wonder why your bag is always the last off the plane. Soon you are the only one left standing, the carrousel is empty and panic begins to set in as it dawns on you: your bag is not going to show.
At that moment you probably will not care that most lost luggage is reunited with its owner within 24 hours or that less than 0.005% of check-in luggage is ever permanently lost. You need to know what to do next.
Get the paperwork done
BEFORE you leave the baggage reclamation area it is imperative to find a member of the airline staff or the customer services desk to report the loss. Insist on filing the complaint even if you are told that your bag will be arriving on the next flight. Waiting as little as three days can sometimes invalidate your claim.
You will be given a Property Irregularity Report (PIR) to fill in. Do this on the spot and ask for a copy. This form, together with the baggage receipt you were given at check-in, (the assistant usually sticks this to the ticket or onto your passport) are essential if you want to make a compensation claim from the airline or from your travel insurance. Your PIR is not a claim in itself, so you must still make a claim in writing within seven days.
Compensation for delayed arrival of luggage
If you are on your outward journey, be sure to ask for some cash for immediate supplies. The airline may suggest you buy the supplies and they will refund on receipt. Agree to the spending limit in advance and don't expect too much generosity as airlines take the view that once your bag has turned up you will have future use of its contents.
On your homebound journey, the airline will not be so forthcoming since they will assume you have everything you need at home. At best, when the bag does finally turn up the airline will deliver the bag to you at their own expense.
At worst, it will take up to twenty-one days before the airline admits that your bag is lost. In this case, you are eligible for compensation, but you will have to write in again.
Compensation for lost luggage
Under the Montreal Convention (which replaced the old rules of the now defunct Warsaw Convention in June 2004) passengers can claim up to a maximum of 1000 Special Drawing Rights (SDRs) for lost luggage per person. The value of an SDR is dependent on a basket of international currencies and so fluctuates. The calculation is made daily by the IMF (International Monetary Fund) and can range from £526 to £850. But airlines are not in the habit of doling out compensation in any hurry and the amount you receive will depend on how much proof you have of the value of your contents. Some airlines may insist on receipts. The general rule of thumb is to expect £14 per kilo.
Compensation for stolen items
If an individual item is stolen from your bag it is still difficult to get compensation from the airline because you would have the almost impossible task of proving it was there in the first place. The AUC (Air Transport Users Council) advises you to use only good quality luggage, not to put valuables in bags checked into the hold and to take out travel insurance.
It's not a good idea to put valuable items such as mobile phones, camcorders, cameras and jewellery into your checked-in baggage since airlines have a clause in their conditions of carriage denying the liability for them. The precise legal status of these get-out clauses is uncertain but you would have to go to court to gain compensation if such items were lost or damaged.
Compensation for damaged baggage
Where your baggage is damaged instead of its contents, it used to be possible for the airline to offer compensation on the basis of the weight of the empty bag or suitcase. Under the Montreal Convention this approach is not allowed, so passengers can now at least insist on the cost of repairs, or a replacement bag.
Travel insurance can save the day
A comprehensive travel insurance policy can help take the sting out of the pain of lost luggage. It is vital that when choosing a policy you are happy that it provides adequately for your needs and for any shortfall in compensation offered under the Montreal Convention.
Overview of Time Limits
Damaged baggage – seven days from the receipt of the bags
Delayed baggage – twenty-one days from delivery
Lost baggage – no time limit specified in theMontreal Convention so it is imperative that you make your complaint as soon as possible after the bag has been missing for twenty-one days or after the airline has declared the bag lost if sooner.
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