Air Travel Law: Baggage

Baggage Problems

Baggage Lost During Transport

Responsibility: the airline.

In cases of permanent loss (10% of cases), baggage is compensated by the carrier based on the Warsaw Convention or the Montreal Convention. It actually depends on which convention was signed by both the country where the carrier is based and the final destination country.

For passengers, the Montreal Convention is significantly more advantageous than the Warsaw Convention. In practice, under the latter, compensation is based on a maximum of $20 USD/kg for checked baggage and $400 USD per person for carry-on baggage. Under the Montreal Convention, the airline’s liability can extend up to a maximum of 1,200 €. If traveling with valuables, it may be worth taking out additional insurance.

In practice, it is essential to report the loss immediately to the airline’s baggage service, or to the airport if necessary, to fill out a special form. This will enable searches to be carried out and will serve as a claim to the airline. If the loss occurs upon arrival at your destination, airlines may, though there is no specific regulation, provide financial assistance or offer replacement items while waiting for the baggage to be found (this type of damage is sometimes also covered by certain baggage insurance policies).

Baggage Damaged During Transport

Responsibility: the airline.

As with loss, you must make a report immediately to be compensated on the same basis. If it is a suitcase, the airline may also offer to repair it or replace it with an equivalent model.

Baggage Delayed During Transport

Responsibility: the airline.

This is when baggage declared lost is found some time later. You can then request compensation not for the loss but for the delay. You have 21 days after the return of your baggage to make your request.

Excess Baggage Fees, Confiscated Items, Fines

Responsibility: the passenger.

Each flight and flight ticket entitles you to a certain baggage allowance, both in the cabin and in the hold. Whether it is based on the number, weight, or allowed volume, each carrier is free to set its own rules, which the passenger is obliged to follow (and must have been aware of beforehand). Therefore, if an excess fee is charged at check-in (including for pre-checked baggage) or a carry-on bag is sent to the hold, the passenger has no recourse as long as the airline is acting within its rights under its regulations.

In another area, there are, of course, various customs and security regulations to comply with. This includes the prohibition of certain items, more or less hazardous products, liquids in the cabin and/or hold. The same applies to the importation of certain products (including food), alcohol and tobacco allowances, cash in currency, and counterfeit goods. In all cases, both customs and security checks have the power to confiscate, destroy, or even impose a fine if local regulations and laws are not respected, with no recourse for the passenger.