Legislation
In the event that your incident is related to baggage, whether due to loss, delay in delivery or deterioration, the maximum compensation that can be obtained is that provided for in the Montreal Convention, up to 1500 euros. The period to claim is 2 years.
In the case that objects of great value are transported, it is advisable to do what is called a special declaration of value (before the trip and in writing), and to have paid an additional amount for it
The compensation that is requested, will depend on several factors:
Definitive loss
If it is a definitive loss, which occurs when 21 days have passed since the suitcase had to be delivered
Expenses incurred
The expenses incurred for not having your luggage on time such as the purchase of clothes, cleaning supplies, transportation to the airport, etc. must also be claimed
Before 21 days
In the event that the delivery occurs before 21 days, you can usually request an amount per day of delay
Specific cases
In addition, in each specific case there may have been particular circumstances that result in requesting a greater compensation for damages, for example, not having your suitcase during all your vacations, not having your suit for the wedding you were travelling for, etc.
It is very important that if you suffer an incident in baggage you make your complaint at the airline counter in order to obtain a document called PART OF LUGGAGE IRREGULARITY (PIR). It is also essential for each passenger to formulate their own protest and obtain their own PIR in order to make further claims
It is a legal requirement to record the protest within 21 days of the incident. In the event that it is not done, it is presumed that the baggage arrived without incident
This document must contain:
- The reference number
- Name and surnames
- Number and date of the flight
- Number of packages
- Number of the luggage label
Necessary documentation
- ID card or passport
- Ticket / Reservation and Boarding Pass
- PIR (part of irregularity)
- Any other claim filed
- Proof of the expenses incurred
- Baggage Heel
- If the luggage arrived damaged, invoice of the repair or of the new purchase
- Complaint made to the authorities in the case of theft
- In the case that you travel with minors we will need a family book, or the registration in the Civil Registry or the birth certificate
