Baggage problems

Passenger rights

When your baggage is delayed, lost or damaged, the carrier is liable for damages up to 1,131 SDRs (PLN 5937.75 according to the NBP average exchange rate of 12 October 2015). This amount is the upper liability limit, and not a lump sum for the aggrieved party.

Legal basis

The air carrier liability for damage to baggage is regulated by the Montreal Convention of 1999 and the Regulation (EC) No 889/2002 of the European Parliament and of the Council.

Complaint

1. If your baggage is damaged or lost, you should report it to the lost property office, filling in the Property Irregularity Report (PIR).

2.You must file a complaint to the carrier within:

  • 7 days from collecting the damaged baggage
  • 21 days from receiving the delayed baggage

You must make a complaint in writing, using the complaint form available at the official website of the carrier, or by post, sending the copies of documents to the correspondence address of the airline.

3. Proving the damage – valuation, receipts/invoices. Pursuant to the Montreal Convention, the passenger must prove the damage incurred, and therefore should provide the carrier with receipts for the lost items in the lost baggage, as well as the receipt confirming the purchase of the bag itself.

4. If an airline registered in the European Union, Norway or Iceland refuses to pay compensation, the consumer may submit the case to the European Consumer Centre in his/her country (ECC-Net).

Limitation periods

Pursuant to the Montreal Convention, the limitation period is two years.

Remember:

  • Passengers should keep the originals of the documents. The airline should receive only the copies of documents.
  • If your baggage is delayed, you may claim reimbursement of the cost of items you bought while waiting for your baggage to arrive (clothes, shoes, hygiene products) – keep the receipts!
  • If your baggage is delayed, the carrier should deliver the bag to the place indicated by you. If you go to the airport to collect your baggage on your own, you may claim the transport costs from the carrier.
  • Before the flight, you should read the regulations of the carrier which include provisions on items and products for which the carrier is not liable, if the baggage is lost or damaged.
  • Before the flight, you should read the regulations of the carrier which include provisions on items and products for which the carrier is not liable, if the baggage is lost or damaged.
  • Carriers have a separate baggage category for sports equipment, musical instruments and animals. Make sure you know the rules governing their carriage before you buy a ticket.
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