Compensation for Delayed or Lost Baggage — Advanced 2025 Guide

Delayed or lost baggage sits in a strange space: airlines are clearly responsible for it, but the rules are spread across international treaties, national regulations, and each airline’s own tariff. This guide pulls those pieces together so you understand the real ceiling of compensation and how to build a strong, evidence-based claim.

Important: This is general information based on published rules and guidance in 2024–2025, not legal advice. Always confirm details with the airline, regulator, or a qualified professional for your situation.

1. The legal backbone: Montreal Convention + local rules

Almost all international baggage claims are built on the Montreal Convention 1999 (MC99). It sets a global liability system that most major countries (including Canada, the US, and the EU) follow for international flights. :contentReference[oaicite:0]{index=0}

• Airline liability for checked baggage (lost, damaged, delayed) is capped at about 1,519 Special Drawing Rights (SDR) per passenger under recent updates. :contentReference[oaicite:1]{index=1}
• SDR is an IMF reference currency; its value moves, but 1,519 SDR is typically around C$2,700 / US$2,000–$2,200 / €1,800 (approximate, changes with FX).
• Claims for delayed baggage must usually be made in writing within 21 days of receiving the bag; legal action must be started within 2 years from arrival. :contentReference[oaicite:2]{index=2}

How countries layer their own rules on top

• Canada – The Air Passenger Protection Regulations (APPR) adopt Montreal-style limits but also require airlines to compensate passengers up to about C$2,780 for necessary items when baggage is delayed on international itineraries, unless the airline can show it took all reasonable measures. :contentReference[oaicite:3]{index=3}
• European Union – EU passenger rights sites reference compensation for lost/delayed baggage of about €1,300, again based on Montreal’s baggage limit. :contentReference[oaicite:4]{index=4}
• United States (domestic flights) – For domestic itineraries, the US DOT lets airlines limit baggage liability by rule, but caps that limit at about US$4,700 per passenger. :contentReference[oaicite:5]{index=5}

For domestic flights in Canada or other countries, the airline’s own tariff (contract of carriage) may define rules, but many carriers simply mirror Montreal-style caps for simplicity.

2. When is baggage considered “delayed” vs “lost”?

• Delayed baggage – You eventually get the bag back, but days late. Law treats this as a delay, and you’re usually entitled to reimbursement for reasonable interim purchases (clothes, toiletries, basics) plus some consequential losses if you can prove them.
• Lost baggage – Montreal and regulator guidance often treat a bag as lost if it has been missing for 21 days, even if it reappears later. :contentReference[oaicite:6]{index=6}

Practically, many airlines start processing “lost” claims earlier (e.g., after 5–14 days) once it’s clear the bag isn’t turning up in the system search.

Why the distinction matters

• For delayed bags you claim temporary expenses (what you had to buy because you didn’t have your things).
• For lost bags you claim the value of the bag’s contents (up to the liability limit), minus anything the airline already paid for interim expenses.

3. What “reasonable expenses” actually means

Most airlines and regulators talk about “reasonable expenses” without defining it line by line. Practice and case law give some guidance:

• Essentials like toiletries, undergarments, 1–2 sets of basic clothes, and shoes are normally considered reasonable.
• Replacing specialized items (work clothes, safety gear, kids’ essentials) can be valid if you had to attend work, events, or travel onward.
• High-luxury items (designer brands, premium electronics) are often challenged, especially for short delays — you may still win, but you must justify them very clearly.

Regulators and courts also look at delay length vs spend level. A 24-hour delay with a C$3,000 shopping spree looks very different than a 6-day delay with moderate spending spread out. Media-covered decisions in Canada have shown that overclaiming can trigger pushback or even counter-claims by airlines, even where some compensation was valid. :contentReference[oaicite:7]{index=7}

Practical calibration rule

Strong claims usually fit this pattern:

• Receipts mostly from mainstream brands, not luxury boutiques.
• Spending roughly in line with the length of the delay (e.g., 1–3 outfits for a few-day delay, not a full new wardrobe).
• Clear link between each expense and the trip (conference, wedding, cold-weather gear, etc.).

4. Hard deadlines you cannot miss

Across Montreal Convention jurisdictions, deadlines are strict and missing them can kill the claim completely. :contentReference[oaicite:8]{index=8}

• Delayed baggage: you must submit a written complaint to the airline within 21 days of receiving the bag.
• Damaged baggage: written complaint normally within 7 days of receiving the bag.
• Lost baggage: you generally have up to 2 years from arrival to initiate legal action, but airlines expect you to file your formal claim shortly after the bag is declared lost.

“Written complaint” typically means email, web form, or letter that you can later prove was sent (ticket number, auto-reply, screenshot, etc.). Casual social media messages rarely count.

5. Building a strong, evidence-driven baggage claim

To get close to the upper end of what’s realistically payable — and not just a token amount — your claim should look more like an insurance file than a rant.

5.1. Core evidence package

• Boarding pass and e-ticket / booking confirmation.
• Baggage tag number(s) and any irregularity report (PIR file reference).
• Timeline of events: when you landed, when you first reported the missing bag, when the bag actually arrived (if it did).
• Receipts for all replacement purchases and any extra transport costs (e.g., trips back to the airport).
• Photos of the bag contents from before the trip if you have them (travel photos, social media, home photos).

5.2. Calculating your claim number

Airlines and regulators think in three buckets:

• Interim expenses: everything you had to buy while the bag was missing (clothes, toiletries, basic work items).
• Permanent loss: items never recovered when the bag is declared lost (clothing, electronics, personal items, luggage itself).
• Consequential losses: in some cases, documented out-of-pocket costs caused by the baggage issue (e.g., extra hotel nights, replacement rental gear). These are harder to win and depend heavily on the jurisdiction and airline.

An advanced claim usually gives a clear table, for example:

• Interim purchases: C$640 (receipts attached, items listed).
• Permanent loss (if bag never arrived): C$1,850 (itemized list, rough market value today).
• Total claimed: C$2,490, within Montreal limit and APPR guidance ceiling.

6. How airlines push back — and how to respond

When claims get large, airlines often respond with one or more of these arguments:

• “No proof of purchase” – they offer less because there are no receipts.
• “Expenses excessive for delay length” – especially where the bag was delayed less than 24–48 hours.
• “Reasonable measures taken” – they argue they did all they reasonably could under the Montreal / APPR standard and so liability should be lower. :contentReference[oaicite:9]{index=9}

Advanced responses focus on proportionality and evidence, not emotion. For example:

• Emphasize that your expenses track the number of days without baggage and were necessary to attend work, events, or onward travel.
• Point out any failures in communication (no updates, misinformation, baggage tracing errors) that prolonged the delay.
• Highlight that your total claim is still below the Montreal limit and in line with national regulator guidance.

7. Role of travel insurance and credit card coverage

Many travellers have overlapping protection:

• Airline liability — based on Montreal / local rules; capped in SDR or national limits.
• Travel insurance — often pays a daily allowance for delayed baggage, sometimes with a lower proof standard.
• Credit card trip insurance — premium cards may cover delayed baggage as long as the trip was purchased on that card.

For advanced handling you should:

• Check whether your insurance wants you to claim from the airline first, then they “top up” the gap (subrogation).
• Use the same evidence package (timeline + receipts) for all claims to keep the story consistent.
• Avoid double-recovery: regulators expect transparency if you’ve already been paid by another party.

8. Escalating: when to go beyond customer service

If the airline’s final response is clearly out of line with the rules, escalation options vary by region:

• Canada: Complaints can go to the Canadian Transportation Agency (CTA), which has guidance and dispute resolution processes for baggage claims. :contentReference[oaicite:10]{index=10}
• EU: You can take issues to national enforcement bodies or use the European Consumer Centres for cross-border disputes. :contentReference[oaicite:11]{index=11}
• US: Complaints can be filed with the US DOT’s Aviation Consumer Protection unit, especially where airlines fail to meet DOT baggage liability rules. :contentReference[oaicite:12]{index=12}

These bodies rarely act as your personal lawyer, but their involvement often convinces airlines to revisit lowball settlements or procedural mistakes.

9. Using ClaimPilot to structure a high-quality claim

The main weakness in most baggage claims isn’t the facts — it’s the structure. People send scattered emails, attach random photos, and leave gaps in the story that give the airline room to cut the payout.

Quick recap

• Most international baggage claims are capped at around 1,500 SDR (~C$2,700 / US$2,000+), not unlimited.
• Delayed vs lost matters: temporary expenses vs full contents value.
• Written complaints must hit strict 7-day / 21-day / 2-year deadlines depending on damage vs delay vs loss.
• “Reasonable expenses” is judged against delay length, necessity, and proof — not emotion.
• Travel insurance and card coverage can top up what the airline pays, but your evidence package must be consistent.
• A clean, organized claim file with a realistic number has far better odds than a long complaint with no structure.