In short: Airlines are liable for damage to checked baggage that happens while it is in their care, without you having to prove fault (Article 17(2), Montreal Convention). They pay the repair cost or the depreciated value, up to 1,519 SDR per passenger (about €1,837 / £1,534 on 10 November 2026). You must complain in writing within 7 days of receiving the bag – report it at the airport, take photos, and follow up in writing straight away.
When is the airline liable for damaged luggage?
Damage to baggage on international flights, and on all flights by EU and UK airlines, is governed by the Montreal Convention 1999. EU and UK compensation schemes for delays and cancellations (EU261, UK261) do not cover it.
| Type of baggage | When the airline is liable | Main defence |
|---|---|---|
| Checked baggage | If the event causing the damage happened on board or while the bag was in the airline's charge (Art. 17(2)) | The damage resulted from the bag's own "inherent defect, quality or vice" |
| Unchecked baggage (cabin bag, personal items) | Only if the damage resulted from the airline's fault or that of its staff or agents (Art. 17(2)) | No fault on the airline's side |
| Damage partly caused by you | Liability can be reduced or excluded to the extent you caused or contributed to it (Art. 20) | For example, a bag packed so full that it burst |
"Inherent defect, quality or vice" covers damage that comes from the bag itself rather than from handling – for example, a bag that was already split, or a cheap case that failed under normal use. Airlines also cite it for overpacked bags and for perishable or liquid contents that leaked. The airline has to show that the defence applies.
What you can claim
| Damage | What airlines usually pay | Evidence that helps |
|---|---|---|
| Repairable damage to the suitcase (wheel, handle, zip, lock) | Reasonable repair cost | Photos, repair quote or invoice |
| Suitcase beyond economical repair | Value at the time: purchase price minus depreciation for age | Purchase receipt or model details, repairer's "beyond economical repair" note |
| Damaged contents | Repair or depreciated value of each item | Photos, receipts, an itemised list |
| Contents missing on arrival | Value of the missing items | PIR noting the missing items; proof of ownership |
| Costs caused by the damage (for example, a replacement bag for the rest of the trip) | Reasonable costs | Receipts and a short explanation |
Some airlines offer a replacement suitcase or a repair through a contracted repairer instead of money. You are entitled to compensation for your loss; you can accept these offers if they suit you, but you do not have to accept something that leaves you worse off.
Wear and tear, fragile items and valuables
Airlines' conditions of carriage commonly say they will not pay for:
- minor wear and tear – scuffs, scratches, small dents and marks from normal handling;
- damage to straps, pull handles, wheels or other protruding parts;
- fragile or perishable items, valuables, electronics, money or documents packed in checked baggage.
These terms are the airline's own and must be read with the Convention. Article 26 makes void any contract term that tends to relieve the carrier of liability or to fix a lower limit than the Convention sets, although the airline can still rely on the Convention's own defences, such as inherent defect. Ordinary scuffs are unlikely to amount to "damage" in any meaningful sense. A wheel ripped off or a shell cracked open is different – that is damage, and a blanket exclusion of wheels and handles may not survive a challenge. Each case turns on its facts, so build your evidence: photos of the bag before check-in are the single best protection.
Pack to protect your claim: carry laptops, cameras, jewellery, medicines, keys and documents in your hand luggage. Use a sturdy case, do not overfill it, and photograph it (and anything valuable inside) before you check it in.
The 7-day written complaint rule
Article 31 of the Convention is the rule that decides most damaged-bag disputes:
- If you take your bag without complaining, that is prima facie evidence it was delivered in good condition (Art. 31(1)). The burden then shifts to you to prove otherwise.
- In the case of damage, you must complain forthwith after discovering it, and at the latest within 7 days of receiving checked baggage (Art. 31(2)).
- The complaint must be in writing and given or sent within that time (Art. 31(3)).
- If you do not complain in time, no action lies against the airline, except in case of fraud on its part (Art. 31(4)).
The Court of Justice has held that a complaint can be "in writing" when the airline's representative records it in the airline's electronic system, as long as you can check its accuracy and correct it before the 7 days run out (Finnair v Fennia, C-258/16, 12 April 2018). So a PIR filed at the airport can count – but only if it describes the damage properly. Send your own written complaint as well, by e-mail or the airline's form, and keep proof of the date.
Damage you only notice when you unpack at home still has to be reported within 7 days of receiving the bag. Check your bag at the carousel if you can, and unpack promptly.
Step by step: claiming for damaged luggage
- Inspect the bag at the carousel. If it is damaged, photograph it there, including the bag tag.
- Report it at the baggage desk and get a PIR that describes the damage accurately. Keep the reference.
- Do not throw the bag away. The airline may want to inspect it or ask for it to be sent to a repairer.
- Within 7 days, send a written complaint with photos, the PIR reference, your boarding pass and bag tag, and say you are claiming under the Montreal Convention.
- Get a repair quote or, if repair is not possible, a written statement that the bag is beyond economical repair, plus proof of what you paid for it.
- List damaged contents item by item with values and proof.
- Follow up in writing, keep copies, and escalate if necessary.
Airline claim routes: easyJet · British Airways · Ryanair · Jet2 · TUI · Wizz Air · Aer Lingus · Emirates.
Limits and deadlines
| Rule | Figure | Legal basis |
|---|---|---|
| Maximum liability per passenger (destruction, loss, damage or delay) | 1,519 SDR from 28 December 2024 (≈ €1,837 / £1,534 at IMF rates on 10 November 2026) | Art. 22(2); ICAO 2024 review; UK SI 2025/123 |
| Higher limit | The declared value, if you made a special declaration of interest at check-in and paid any supplement | Art. 22(2) |
| Written complaint about damage | Within 7 days of receiving the bag | Art. 31(2)–(3) |
| Court proceedings | Within 2 years of arrival | Art. 35 |
| Where you can sue | Airline's domicile or principal place of business, the place of business where you bought the ticket, or your destination | Art. 33(1) |
The SDR is the IMF's unit of account, so the pound and euro values move daily. Figures such as "around £1,000" in some official guidance are rounded or out of date; the legal limit is the SDR amount. Our Montreal Convention guide has the full table of limits.
If your journey involved several airlines on one ticket, you can complain to the first or last airline, or to the one that operated the flight on which the damage happened (Art. 36(3)).
If the airline refuses or offers too little
- Challenge the reasons in writing. If the airline says "wear and tear" or "inherent defect", send photos of the bag before the flight, the purchase date, and the repairer's opinion.
- Use ADR if the airline is a member. Several European countries have an ADR or consumer dispute body for air passengers – our country guides list them, for example Germany, Austria, Sweden or Norway. In the UK, AviationADR (whose scope includes luggage) and CEDR are the main approved schemes; see ADR schemes and our ADR complaint template.
- UK: otherwise complain to the CAA. Its Passenger Advice and Complaints Team handles Montreal Convention complaints about airlines that are not in an ADR scheme: how to complain to the CAA.
- EU, EEA and Swiss flights: your European Consumer Centre gives free advice and can contact the airline in cross-border cases; national enforcement bodies deal mainly with EU261 rather than baggage. See national enforcement bodies.
- Court: the European Small Claims Procedure for cross-border EU claims, or national small claims – in England and Wales small claims after a letter before action – within 2 years.
Travel insurance or home contents insurance may pay for what the airline does not, subject to the excess and item limits. Tell your insurer what the airline has paid.
Frequently asked questions
How do I report baggage damage?
Before leaving the airport, go to the baggage services desk and ask for a Property Irregularity Report (PIR) describing the damage. Take photos there and then. Then send the airline a written complaint – its online baggage form or an e-mail – within 7 days of receiving the bag (Article 31(2) of the Montreal Convention), with photos, the PIR reference and your repair or replacement costs.
What should I do if my baggage is damaged on British Airways (or any other airline)?
The rules are the same for every airline covered by the Montreal Convention: PIR at the airport, photos, written complaint within 7 days, then a claim for repair or depreciated replacement value. Our airline pages give the claim route, for example British Airways baggage claims or Ryanair baggage claims.
Will the airline pay for a brand-new suitcase?
Not usually. Airlines normally pay for repair, or, if the bag cannot be repaired economically, its value at the time – the original price minus depreciation for age. Citizens Advice notes that airlines don't pay "new for old". A receipt for the case and a repair quote or written "beyond economical repair" report make the claim much stronger.
Can I claim for broken wheels or a broken handle?
Yes, if it happened while the bag was in the airline's care. Many airlines' conditions of carriage say they do not pay for minor wear and tear such as scuffs and scratches, and they may argue that a part broke because of an existing weakness. A wheel or handle torn off in handling is damage, not wear and tear; photos taken before check-in help to prove the bag's condition.
Something was missing from my bag when it arrived. What now?
Treat it like damage: report it at the airport and complain in writing within 7 days. English courts have long treated partial loss of contents as "damage" for this purpose (Fothergill v Monarch Airlines, House of Lords, 1980, decided under the older Warsaw Convention). If items were stolen, also report it to the police and keep the reference.
Is my cabin bag covered?
Only if the airline or its staff were at fault. For checked baggage the airline is liable without fault; for unchecked baggage, including personal items, Article 17(2) makes it liable only if the damage resulted from its fault or that of its servants or agents. If a cabin bag is taken from you at the gate and put in the hold, it is tagged and handled like checked baggage; keep the gate tag, because it shows the bag was in the airline's charge.
Does EU261 or UK261 cover damaged luggage?
No. EU261 and UK261 deal with delays, cancellations, denied boarding and downgrading. Damaged baggage is a Montreal Convention claim. If your flight was also 3 or more hours late, that is a separate claim – see flight delay compensation.
General information, not legal advice; we are not a law firm. We are an independent guide and an affiliate partner of AirHelp – see our affiliate disclosure.
Sources
- Montreal Convention 1999 – Articles 17, 22, 26, 31, 33 and 35 – EUR-Lex
- 2024 Revised Limits of Liability under the Montreal Convention 1999 – ICAO
- The Carriage by Air (Revision of Limits of Liability under the Montreal Convention) Order 2025 – legislation.gov.uk
- SDR valuation – currency units per SDR – International Monetary Fund
- Lost, delayed or damaged baggage – UK Civil Aviation Authority
- Get airline compensation for lost or delayed luggage – Citizens Advice
- Air passenger rights – baggage – European Consumer Centres Network
- Air passenger rights – luggage – Your Europe (European Commission)
- Judgment C-258/16 Finnair v Fennia (12 April 2018) – Court of Justice of the EU
We check every rule against the sources above. Spotted an error? Tell us – see our editorial policy.