Airline lost your bag? Here's how to seek compensation

Chaos at airports, driven by staffing shortages and overwhelming travel demand, has led to a deluge of travellers having to deal with lost or delayed baggage.

Photos showing scores of bags piling up at Canadian airports have widely circulated around the internet in recent weeks, while some passengers have said they've been without their checked baggage for days, sometimes weeks.

Gábor Lukács, founder of the airline passenger advocacy group Air Passenger Rights, says in recent months, he's seen an "onslaught of inquiries" from travellers dealing with missing baggage and other airline horror stories.

"We've really been seeing such a surge, it makes it very, very challenging to respond to people," he told CTVNews.ca over the phone on Thursday.

But airlines are legally required to compensate you in the event that your baggage is lost or delayed. Here's how airline passengers can go about claiming their reimbursement.

HOW MUCH CAN I CLAIM IN REIMBUSEMENTS?

Under the Montreal Convention, airlines around the world are legally required to compensate travellers for any "reasonable" expenses incurred, such as the interim purchases to replace missing clothing and other essentials.

Passengers can claim up to 1,288 Special Drawing Rights, which is unit of accounting used by the International Monetary Fund. That's equivalent to around C$2,300.

However, for domestic flights within the U.S., passengers can claim up to US$3,800, according to the U.S. Department of Transportation.

The Montreal Convention also stipulates that the reimbursement must be made in cash, cheque or credit to the passenger's credit card, not travel vouchers. Airlines are also not allowed to impose daily limits on how much a passenger can spend on interim expenses.

"One of the things that we see most often happened with passengers is passengers being told that they can only spend $100 or $123 for the first day or first two days when their baggage goes missing. And that's not true. That's simply not what the law says," Lukács said.

HOW TO FILE A CLAIM

If you can't find your luggage at the baggage carousel, immediately inform airline staff at the airport to complete a missing baggage report.

Air Passenger Rights recommends taking audio or video recordings of any interactions with airline staff. If there are no airline staff, or if baggage agents refuse to take your report, the group also recommends recording this interaction or taking a photo of the abandoned baggage agent desk.

Be sure to keep all of your receipts of any interim purchases you've made. Once you've been reunited with your luggage, you need to submit your claim within 21 days of getting it back. If a claim isn’t made within 21 days, the airline could deny your claim, according to the Air Passenger Protection Regulations.

If your baggage hasn't arrived after 21 days, or if the airline admits your baggage is lost, its is considered lost for the purposes of receiving compensation. In this case, airlines are required to refund the checked baggage fee in addition to your interim expenses.

Some airlines may have a web portal where you can submit your claim, but otherwise, your claim must be made in writing, either through email, fax or registered mail.

Be sure to include your name, address, contact information, travel date, flight number and baggage tag number, and the date and time when your baggage was delivered to you. You should also send over copies or scans of any supporting documents, such as your receipts.

Even if you have travel insurance that covers the cost of lost or delayed baggage, Lukács still recommends getting a reimbursement with the airline first. You aren't allowed to double-dip and claim reimbursement from both, as that would be be considered insurance fraud, he adds.

"After all, the insurance company will also most likely go to the airline," Lukács said. "What is important, though, is that that just because you have insurance, it does not relieve the airline of liability."

WHAT HAPPENS IF I DON'T HEAR BACK FROM THE AIRLINE?

Air Passenger Rights recommends allowing the airline 30 days to respond. But if the airline denies your claim or doesn't respond, Canada's Airline Passenger Protection Regulation says travellers can file a complaint with the Canadian Transportation Agency.

However, Lukács says passengers in this situation should just initiate legal action at a small claims court. Legal claims for lost or delayed baggage must be made within two years of your flight.