Lost or Damaged Luggage: Compensation Under French Law

You have just landed, you are waiting in front of the airport baggage carousel, but your suitcase never appears. Or perhaps it does arrive, but completely ripped open and unusable. This stressful situation is a daily reality for thousands of travelers every year in France and around the world. Fortunately, aviation law rigorously protects passengers against airline failures. Whether you are a French resident or just passing through, discover your rights and the step-by-step procedure to obtain the maximum compensation to which you are entitled.

---

The Legal Framework: Which Laws Protect You?

The liability of airlines in the event of lost, delayed, or damaged luggage is governed by two major international treaties. The applicable text mainly depends on the nationality of the airline and the destination of your flight.

1. The Montreal Convention of 28 May 1999

This is the most protective and most frequently applied text. It governs almost all international flights (including all flights between signatory countries, which is more than 130 countries including France, the entire European Union, the United States, Canada, etc.) and all flights operated by European Union airlines, regardless of the destination.

Under the Montreal Convention, the airline's liability is automatically engaged (responsabilité de plein droit or strict liability) for the simple loss or damage of checked luggage, without the passenger having to prove any fault on the part of the airline.

2. The Warsaw Convention of 12 October 1929

This older text applies only if the Montreal Convention cannot be implemented (for example, for a flight between two states that have not both ratified the Montreal Convention, or on certain domestic routes of non-signatory countries). The compensation ceilings are generally less favorable and calculated differently.

---

Compensation Amounts and Ceilings in 2024

The compensation amount is not a flat rate: it depends on the actual value of the damage suffered (the value of the lost items or the damaged suitcase), up to a legal limit.

The Montreal Convention Ceiling

Under the Montreal Convention, the maximum compensation is expressed in SDR (Special Drawing Rights), an international monetary unit based on a basket of currencies.

• The liability ceiling is set at 1,288 SDR per passenger (and not per bag).
• This amount is equivalent to approximately €1,600 (the exact exchange rate varies daily according to the SDR rate).
• This ceiling is a maximum: you must prove the value of the items to obtain this sum.

The Warsaw Convention Ceiling

Under the Warsaw Convention, the ceiling is calculated based on the weight of the checked luggage.

• The ceiling is 17 SDR per kilogram of luggage (approximately €21 per kilo).
• For a standard 23 kg suitcase, the maximum compensation will therefore be limited to approximately €483, regardless of the contents.

The Exception of the "Special Declaration of Interest"

If you are traveling with high-value items (camera equipment, designer dresses, etc.) whose value exceeds the 1,288 SDR ceiling, you can make a déclaration spéciale d'intérêt (special declaration of interest) when checking in your luggage. You will have to pay a surcharge, but in return, the compensation ceiling will be raised to the actual declared value of your belongings.

---

Step-by-Step: How to React at the Airport and Beyond

To guarantee your rights to compensation, you must strictly follow a specific procedure and adhere to very short legal deadlines.

Step 1: Have the Incident Documented at the Airport (Immediately)

As soon as you notice the absence or damage of your luggage, do not leave the baggage reclaim area.

1. Go to the counter of the airline or its ground handling agent (often labeled "Baggage Claims" or "Lost & Found").

2. Fill out the P.I.R. (Property Irregularity Report), known in French as the Rapport d'Irrégularité Bagage (RIB). This document is crucial: it contains a unique file number essential for the next steps.

3. Keep your boarding pass and your luggage tag receipt (often stuck to the back of your ticket or passport) very carefully.

Step 2: Purchase Essential Items (In Case of Delay)

If your luggage is simply delayed and you are far from home, you will need a change of clothes and hygiene products.

• Buy only what is strictly necessary (toothbrush, underwear, basic change of clothes).
• Absolutely keep all invoices and receipts for these purchases. Simple credit card slips are generally not sufficient.

Step 3: Send the Written Claim (Respecting Legal Deadlines)

Simply filling out the P.I.R. at the airport does not constitute an official claim for reimbursement. You must send a formal claim letter with acknowledgment of receipt (or via the airline's dedicated online form) within very strict deadlines:

• In case of damaged luggage: You have a maximum of 7 days from the date of receipt of the luggage to send your written claim.
• In case of delayed luggage (delivered late): You have a maximum of 21 days from the date the luggage was made available to you to claim reimbursement for your essential expenses.
• In case of permanently lost luggage: Luggage is legally considered lost if it has not arrived at its destination within 21 days following the date of your flight. You then have a period of 2 years to initiate legal action, but it is highly recommended to send your compensation request immediately after the 21st day.

---

Concrete Examples of Compensation

To better understand how these calculation rules apply, here are two practical cases based on the Montreal Convention.

Example 1: Thomas's Delayed Luggage in New York

Thomas flies from Paris to New York for a 5-day stay. Upon arrival, his suitcase is missing. He immediately fills out a P.I.R. at JFK airport.

• His suitcase is finally delivered to his hotel 4 days later.
• During these 4 days, Thomas had to buy a suit for his professional meetings, underwear, and toiletries for a total amount of €450.
• Thomas sends his claim with all the invoices to the airline 12 days after the delivery of his suitcase (thus respecting the 21-day deadline).
• Result: The airline reimburses him the full €450, as these expenses were reasonable, justified by invoices, and below the overall ceiling of 1,288 SDR (approximately €1,600).

Example 2: Sofia's Permanently Lost Suitcase

Sofia travels from Lyon to Rome. Her suitcase containing summer clothes, designer shoes, and a DSLR camera never reappears. After 21 days, the suitcase is declared lost.

• Sofia estimates the total value of her lost belongings at €2,200. She provides the airline with purchase invoices for the camera (€800) and her recent clothes (€600). For the rest of her older belongings, she no longer has invoices.
• The airline applies a depreciation coefficient (vétusté) to the camera and clothes (estimating their residual value at €1,100 in total) and offers her a flat rate of €200 for the items without invoices.
• The total proven damages amount to €1,300.
• Result: Since this amount is below the Montreal Convention ceiling, Sofia receives a total compensation of €1,300. If the actual proven damage had been €2,200 with all supporting invoices, Sofia's compensation would have been capped at approximately €1,600 (the equivalent value of 1,288 SDR) in any case.

---

Mistakes to Avoid at All Costs

Many passengers are denied compensation due to common procedural errors. Here is what you should not do:

• Leaving the airport without the P.I.R. report: Even if the queue is long, do not wait until you are home to report the absence or damage of your suitcase. Without a P.I.R., it will be extremely difficult to prove that the damage occurred during air transport.
• Throwing away original purchase receipts: Airlines require proof of the value of the goods. Keep invoices for your valuable items in your emails or on a cloud service. Without invoices, airlines apply very disadvantageous flat-rate weight scales.
• Putting valuables or medication in checked luggage: Jewelry, cash, keys, identity documents, fragile electronic devices (computers, tablets), and vital medical treatments must absolutely remain in the cabin. Airlines generally exclude their liability for the loss of these specific items if they were placed in the hold (in accordance with their general terms and conditions of carriage).
• Confusing the airport report with the written claim: The P.I.R. filled out at the airport is used to launch searches or document damage. It does not replace the written compensation claim (by registered letter or web form) which must be sent within 7 or 21 days.

---

FAQ: Frequently Asked Questions on Luggage Disputes

My suitcase was damaged, but it is still usable. Can I be compensated?

Yes. If your suitcase is damaged (broken wheel, torn zipper, cracked shell), the airline must cover the repair costs. If the suitcase is irreparable, they must reimburse you for its purchase value, minus depreciation. You must provide a statement from a cobbler or a luggage specialist confirming that the suitcase is not repairable, as well as the original purchase invoice for the suitcase.

What should I do if the airline refuses to compensate me or ignores my messages?

If the airline does not respond within 2 months, or if its response is unsatisfactory, you can refer the matter free of charge to the Médiateur Tourisme Voyage (MTV - Tourism and Travel Mediator) if the airline is a signatory to the mediation charter (which is the case for the majority of European airlines). If the airline is based outside the EU and refuses to cooperate, you can report the dispute on the platform of the Direction Générale de l'Aviation Civile (DGAC - French Civil Aviation Authority) in France or initiate a simplified procedure before the tribunal judiciaire (judicial court) for disputes under €5,000.

My flight included a connection with two different airlines. Who is responsible?

In the case of a connecting flight operated by different airlines (belonging, for example, to the same alliance), you can choose to claim against either the first airline (which checked in the luggage at departure) or the last airline (which operated the last flight and where you were supposed to collect the luggage). In practice, it is often simpler and faster to file the claim with the last airline that operated the flight.

Do bank card insurances (Visa Premier, Mastercard Gold) cover these incidents?

Yes, very often. Premium bank cards include "delayed luggage" or "lost luggage" insurance. This insurance usually acts in addition to the airline's compensation. It sometimes allows you to obtain a faster reimbursement of essential expenses or to cover the difference if the value of your belongings exceeds the airline's legal ceiling. Note that you must generally have paid for your plane ticket with the card in question to benefit from this.

---

Summary

• Two reference texts: The Montreal Convention (ceiling of 1,288 SDR or approximately €1,600) and the Warsaw Convention (ceiling of 17 SDR per kg or approximately €21 per kg).
• The first reflex: Immediately fill out a property irregularity report (P.I.R.) at the airport counter before leaving the baggage reclaim area.
• Strict deadlines: You have 7 days to claim in case of damaged luggage, and 21 days to claim reimbursement for your essential purchases in case of delayed delivery.
• Proof is key: Carefully keep all purchase invoices for your replacement clothes, as well as the original invoices for the valuable items contained in your lost suitcase.
• The golden rule of the cabin: Always keep your keys, identity papers, medication, money, and electronic devices with you in the cabin.

Legal information for guidance only, not personalised legal advice. For your specific situation, ask your question free of charge on AvocatAI — answers based on French law, in your language.