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15/03/2021

Baggage loss or damage

Baggage loss or damage

You were in the ultimate holiday mood, but that disappears visibly when you wait in vain for your luggage on the conveyor belt in the airport. Or maybe this happens when you see your brand new suitcase rolled up on the belt damaged.

Sounds familiar, or at least realistic. Loss of luggage or damaged luggage can happen to anyone.

Read below how to keep the law on your side in such a situation!

Pay attention:

The following only applies if your outbound flight is from an EU Member State, or if your return flight to the EU is via an EU airline. These rules do not apply in other situations. After all, it is about EU legislation.

  • Example: you fly from Zaventem to New York, you fall within the scope.
  • Example: In America you take a plane from New York to Los Angeles. You fall outside the scope.

Do you fall under this legislation? Then follow the guidelines below strictly!

Go through the steps below with your free decision tree!

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Step 1: the PIR form

Have you notified the airport and airline?

In all the hectic pace, it can be hard to focus on what needs to be done first. Your priority is to complete the PIR form. The abbreviation PIR stands for Property Irregularity Report.

You can obtain this document at the airport itself at the Lost & Found or the baggage service desk.

You can use this standard form to report that your luggage has been lost, or indicate where the suitcase is damaged. Please complete this PIR form as soon as possible while you are still at the airport. If you do not do this, you will lose your right to compensation.

A personal file is immediately created for you. You then need the PIR proof as proof to be able to submit a claim to your airline for the extra costs you have incurred.

Tips

  • You can use the baggage label to prove that your baggage has been checked in under your flight ticket. So always ask to check in your luggage tag in your own name.
  • To avoid any later discussions, be sure to ask for a copy of your completed PIR form.

Step 2: Submit a written complaint

Then submit a written complaint to the airline as soon as possible.

In the event of damaged luggage, you must submit a written complaint within seven days, but of course better as soon as possible.

If your luggage remains missing, you must submit another written complaint after 21 days. After 21 days, the luggage is legally officially “lost”. You may be entitled to compensation. Please note, you cannot submit a claim for compensation without a written complaint. So don't lose sight of both the PIR and the written complaint!

If you have a package holiday, you can also contact the tour operator. After all, he is responsible for the proper execution of the trip. This includes the flight to your destination. Want to know more about the package holiday?

Tips

  • In anticipation of the 21-day period, keep in regular contact with your airline.
  • To avoid discussions about timing, send your written complaint by certified mail.
  • Have you bought necessary goods (toiletries, clothing) in anticipation? Be sure to keep the proof of purchase. The airline will reimburse you (as far as reasonable).

Step 3: contact your insurer

Do you have travel assistance insurance or perhaps luggage insurance? Then contact your insurer. You may be entitled to a higher compensation than the legal maximum (1000 SDR, approximately 1,200 euros per luggage and per person).

Did you pay for your trip with a credit card? Depending on the type of card and its issuer, luggage insurance may also be provided there to cover theft or damage.

Additional tips

Prevention is always better than cure. With the following tips you will be a lot stronger in your shoes.

  • Take photos of your luggage in advance. Photos of the suitcase itself, as well as of the contents can later serve as proof. Without proof of the specific content, the compensation will be determined on the basis of weight.
  • Take as little valuables with you as possible. After all, the airline only reimburses up to approximately 1,200 euros.
  • Even if you can prove that your expensive laptop or jewelry is worth more, this is the maximum. Since this is a maximum, there is a good chance that you will receive less than 1,200 euros.
  • Are the (very) valuable items essential after all? Then take out additional luggage insurance in advance. Your insurer can reimburse an amount higher than 1,200 euros.
Go over the above steps again with your free decision tree! (in dutch)

Order it here.

Do you have further questions about these procedures and their application?

At Wanted Law, we are of course happy to assist you with advice and assistance. Do you have questions about the possible chances of success in receiving compensation? Or you have experienced another problem while traveling, don't hesitate to contact us! In the meantime, have a good trip!

Disclaimer

The information on legal topics that you will find in this contribution is purely informative, general discussions and can in no case be considered as legal advice. Wanted Law accepts no liability for any damage that someone may suffer by relying on this information. If you want legal advice, you should contact a qualified lawyer who will advise you based on your personal situation. All blog posts published on the Wanted Law website are written in accordance with Belgian law.

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Wanted Law holds the exclusive copyright of this website, its design and its entire content. Use of this website, or parts thereof, in any form whatsoever is prohibited without the prior written consent of Wanted Law.

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