Skip to content
English
By RightEuropean rights, in situation
ODERSA association · Taking Part programmeIndependent educational site. Not an official website of the European Union.

The written walkthrough

The lost bag: the written walkthrough

A suitcase in the hold, six days of silence, a desk pointing you at the partner airline. The European regulation makes the Montreal Convention apply, your complaint gets written straight away, and the windows are counted in days: seven for damage, 21 for delay.

Law as verified onJuly 29, 2026

This walkthrough contains the answers. It is here so you can read the situation without playing it, print it, and so the content stays complete without JavaScript.

Item no. 1 · The belt stops

Evening flight from Lisbon to Helsinki, one suitcase checked into the hold. On arrival, the belt turns, empties, stops. Your suitcase is not on it.

The airline's app displays: “baggage in transit, no action required on your part”.

Airline appBaggage tracking · file HEL-88214
Flight
Lisbon to Helsinki, arrived on time
Checked baggage
one suitcase, in the hold
Status
in transit
Instruction displayed
no action required
Baggage desk
open, at the far end of the hall

It is late, the desk is at the far end of the hall. What do you do before leaving the airport?

Correct answer · I go to the desk to report the missing suitcase, and I back it up with something written to the airline this very evening.

The complaint is made in writing, as soon as possible, and the text says so The information notice annexed to the European regulation sets the reflex: if the baggage is damaged, delayed, lost or destroyed, the passenger must write and complain to the air carrier as soon as possible. The desk is good; the dated written complaint is your exhibit. It will carry the whole rest of the file.

“If the baggage is damaged, delayed, lost or destroyed, the passenger must write and complain to the air carrier as soon as possible.”

In plain terms: do not leave with a mere app notification. Report at the desk, then write to the airline, tonight, with the date.

Annex, section “Complaints on baggage” · Regulation (EC) No 2027/97 as amended, Annex (information notice), section “Complaints on baggage” · https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX:01997R2027-20020530

Myth · “No action required”, it says so: the app's tracking covers me.

The myth: “tracking counts as a claim” The text knows nothing of app notifications: it requires a WRITTEN complaint, from you, addressed to the carrier, as soon as possible. “No action required” is an interface sentence, not a rule of law. The only trace that counts is the one you create.

“If the baggage is damaged, delayed, lost or destroyed, the passenger must write and complain to the air carrier as soon as possible.”

In plain terms: writing is on you, and the app cannot excuse you from it. A dated written complaint, as fast as possible.

Annex, section “Complaints on baggage” · Regulation (EC) No 2027/97 as amended, Annex (information notice), section “Complaints on baggage” · https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX:01997R2027-20020530

Myth · A suitcase always comes back within two or three days: I will see at the end of the week.

The myth: “it comes back on its own, nothing to do” Maybe it will come back. But the regulation's complaint windows are short and written in days, not months: seven days for damage to checked baggage, 21 days for delay, counted from the moment the baggage is placed back at your disposal. Waiting without writing means burning through those windows with your eyes closed.

“In the case of damage to checked baggage, the passenger must write and complain within seven days, and in the case of delay within 21 days, in both cases from the date on which the baggage was placed at the passenger's disposal.”

In plain terms: seven days for damage, 21 for delay, and the clocks start when the bag comes back to you. Write first, hope second.

Annex, section “Complaints on baggage” · Regulation (EC) No 2027/97 as amended, Annex (information notice), section “Complaints on baggage” · https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX:01997R2027-20020530

Item no. 2 · The desk that passes the parcel

At the desk, the agent scans your tag and frowns: “This flight was operated by our partner. Their system, their hold, their file. See it with them, they have an online form.”

Your ticket, for its part, carries the name and code of YOUR airline.

Baggage desk · arrivals hall11.40 pm
Ticket bought from
your airline, its code on the ticket
Flight operated by
its partner
Agent's answer
“see it with the partner”
Baggage tag
reference HEL-88214

Two airlines pass the suitcase back and forth. Which one do you write to?

Correct answer · To either one, at my choice, and I pick the one whose name is on my ticket.

Ticket carrier or operating carrier: you choose The regulation's information notice settles this ping-pong in advance: if the carrier actually performing the flight is not the contracting carrier, you have the right to address your complaint or claim to EITHER one. And the text adds the criterion that designates the contracting carrier: the name or code indicated on the ticket.

“If the air carrier actually performing the flight is not the same as the contracting air carrier, the passenger has the right to address a complaint or to make a claim for damages against either. If the name or code of an air carrier is indicated on the ticket, that air carrier is the contracting air carrier.”

In plain terms: “see it with the partner” is not a rule, it is a desk preference. Both doors are valid, and you take the one you want.

Annex, section “Liability of contracting and actual carriers” · Regulation (EC) No 2027/97 as amended, Annex (information notice), section “Liability of contracting and actual carriers” · https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX:01997R2027-20020530

Myth · The agent knows the job: the operating carrier is the liable one, I write to the partner only.

The myth: “only the operating carrier answers for the bags” The text says exactly the opposite of exclusivity: complaint to either one, at the passenger's choice. By letting yourself be steered towards “them only”, you accepted a restriction the regulation does not contain, and lost a week on windows counted in days.

“If the air carrier actually performing the flight is not the same as the contracting air carrier, the passenger has the right to address a complaint or to make a claim for damages against either.”

In plain terms: nobody can impose a single desk on you. Both airlines are valid recipients of your complaint.

Annex, section “Liability of contracting and actual carriers” · Regulation (EC) No 2027/97 as amended, Annex (information notice), section “Liability of contracting and actual carriers” · https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX:01997R2027-20020530

No effect · I write to both airlines, to the airport, to the duty free and to the Finnish transport ministry. Someone will end up answering.

The ministry does not have your bag, and the instructions came with the ticket Aim at the recipients the text knows: the ticket carrier, the operating carrier. And note this useful detail: the regulation requires every carrier selling a flight in the Union to keep available, at all points of sale, a summary of the liability rules, deadlines and special declaration included. The answer to “who, when, how” was supposed to be available right where you bought your ticket.

“All air carriers shall, when selling carriage by air in the Community, ensure that a summary of the main provisions governing liability for passengers and their baggage, including deadlines for filing an action for compensation and the possibility of making a special declaration for baggage, is made available to passengers at all points of sale, including sale by telephone and via the Internet.”

In plain terms: the summary of your baggage rights is part of what the airline must keep available at the point of sale. Two useful recipients, and they were written down in advance.

Article 6(1) · Regulation (EC) No 2027/97, as amended by Regulation (EC) No 889/2002, Article 6, paragraph 1 · https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX:01997R2027-20020530

Item no. 3 · Six days later, the suitcase

Day six: a courier rings with your suitcase. The shell is cracked along twelve centimetres, the handle holds by one screw, and the inside smells of wet tarmac.

In the meantime, you had to rebuy the essentials: a change of clothes, a toiletry bag, a charger. The receipts are in your wallet, €86 in all.

Case noteDay six

Suitcase returned this morning, six days after landing. Cracked shell, broken handle.

Essential purchases during the wait: €86 in receipts, all kept.

Written complaint from the first evening: sent and archived. The clocks of the new windows start today.

The suitcase is back, broken, after six days of forced purchases. What do you write now?

Correct answer · A two-part claim, dated today: the damage within seven days, the delay within 21 days, photos and receipts attached.

Two clocks have just started, and they run from the return of the bag The regulation's notice sets the two windows: a written complaint within seven days for damage to checked baggage, within 21 days for delay, counted from the date on which the baggage was placed at your disposal. Not from the flight: from the return. Your suitcase came back this morning, your clocks are dated this morning.

“In the case of damage to checked baggage, the passenger must write and complain within seven days, and in the case of delay within 21 days, in both cases from the date on which the baggage was placed at the passenger's disposal.”

In plain terms: seven days for damage, 21 for delay, counted from the day the bag comes back to you. One letter with two parts covers both.

Annex, section “Complaints on baggage” · Regulation (EC) No 2027/97 as amended, Annex (information notice), section “Complaints on baggage” · https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX:01997R2027-20020530

Myth · The suitcase is here, the matter is closed: nobody claims for a delay that has ended.

The myth: “returned, therefore repaired” The delay is not erased by the end of the delay: the text makes the carrier liable for damage in case of baggage delay, unless it took all reasonable measures to avoid the damage, or it was impossible to take them. Six days without your things have a cost, it is dated, it sits in receipts, and it is claimed in writing within the 21-day window.

“In case of baggage delay, the air carrier is liable for damage unless it took all reasonable measures to avoid the damage or it was impossible to take such measures.”

In plain terms: the damage caused by the delay gets repaired, and the exception is theirs to prove, not yours. Your receipts date and quantify what the wait cost you.

Annex, section “Baggage delays” · Regulation (EC) No 2027/97 as amended, Annex (information notice), section “Baggage delays” · https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX:01997R2027-20020530

Myth · A claim deserves polish: I will gather everything calmly and send it next month.

The myth: “claiming well means claiming late” The windows run from the return of the bag, and the official page of the Union displays them in figures: 7 days for lost or damaged luggage, 21 days of receiving your luggage if it was delayed. It also states that there is no standard EU-wide form: a simple letter sent on time beats a perfect file sent too late.

“If you want to file a claim for lost or damaged luggage, you should do it in writing to the airline within 7 days, or within 21 days of receiving your luggage if it was delayed. There is no standard EU-wide form.”

In plain terms: 7 days, 21 days, and no magic form to wait for. Send simple and on time, complete afterwards.

Section “How to complain” · Air passenger rights: how to complain about luggage · https://europa.eu/youreurope/citizens/travel/passenger-rights/air/index_en.htm

Item no. 4 · The inventory and the treasure

The claim form asks for the list of contents and their value. In the suitcase also travelled a camera, paid €410 two years ago, whose lens did not enjoy the trip.

A well-meaning friend whispers: “Bill them everything as new, they will pay. And add your laptop: it suffered in the backpack, in the cabin.”

Draft inventoryTo sort

Clothes and toiletry bag: list done, value estimated honestly, photos attached.

Camera: paid €410, lens damaged, invoice found.

The friend's suggestion: “as-new prices for everything, and slip the cabin laptop into the list”.

What do you write on the inventory?

Correct answer · The truth, evidence attached, knowing that a liability limit exists and that, for valuables, the tool was called a special declaration at check-in.

Liability has a ceiling, and the text provides the tool to raise it The carrier's liability for baggage is capped, and the regulation's notice provides the long-standing tool: a special declaration, made at the latest at check-in against a supplementary fee, raises the limit for YOUR bag. The current amount of the ceiling, for its part, is read on the official page: this file does not teach you a figure, it teaches you where to check it and how it gets raised.

“A passenger can benefit from a higher liability limit by making a special declaration at the latest at check-in and by paying a supplementary fee.”

In plain terms: a liability limit exists, and it is raised BEFORE the flight, by a special declaration at check-in. Afterwards is too late for this time.

Annex, section “Higher limits for baggage” · Regulation (EC) No 2027/97 as amended, Annex (information notice), section “Higher limits for baggage” · https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX:01997R2027-20020530

Myth · As-new prices for everything, no ceiling: they lost the suitcase, they pay.

The myth: “they owe everything, as new” Baggage liability is not unlimited: the regulation's notice speaks in black and white of a liability limit, which the special declaration exists precisely to raise. Claiming with no ceiling and no evidence hands the claims department its first legitimate reason to argue everything. The strength of your file is its verifiability.

“A passenger can benefit from a higher liability limit by making a special declaration at the latest at check-in and by paying a supplementary fee.”

In plain terms: a limit exists by default, and the text confirms it by explaining how to increase it. The honest, substantiated inventory is your best strategy.

Annex, section “Higher limits for baggage” · Regulation (EC) No 2027/97 as amended, Annex (information notice), section “Higher limits for baggage” · https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX:01997R2027-20020530

Myth · The laptop from the cabin backpack, I add it: a bag is a bag.

The myth: “cabin or hold, same regime” The text separates the two in one sentence: for checked baggage, the carrier is liable even if not at fault, unless the baggage was defective; for unchecked baggage, it is liable ONLY if at fault. Your backpack never left your shoulders or their overhead bins: without a fault of the airline to demonstrate, it has no place in this file.

“In the case of checked baggage, it is liable even if not at fault, unless the baggage was defective. In the case of unchecked baggage, the carrier is liable only if at fault.”

In plain terms: the hold binds the airline even without fault; the cabin, only if the fault is theirs. Two regimes, two files, no mixing.

Annex, section “Destruction, loss or damage to baggage” · Regulation (EC) No 2027/97 as amended, Annex (information notice), section “Destruction, loss or damage to baggage” · https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX:01997R2027-20020530

Item no. 5 · The goodwill gesture

Three weeks after your claim, the answer drops: a voucher, “in full and final settlement”, and an invented deadline at the bottom of the page.

Reply from the claims departmentIn full and final settlement

As an exceptional goodwill gesture and without admission of liability, we offer you a voucher of €40, valid on our flights.

This offer definitively closes file HEL-88214.

Any contestation must reach us within 15 days, postmark as proof.

€40 for a cracked shell, six days of waiting and a dead lens. Do you sign?

Correct answer · No. I refuse in writing, and I note my real horizon: court action is counted in years, not in fifteen days.

Their “full and final settlement” extinguishes neither the rule nor your calendar The substantive rule does not come from their department: it comes from the Montreal Convention, which the European regulation makes applicable. And neither does the calendar: any action in court to claim damages may be brought within two years from the date of arrival of the aircraft. Their “within 15 days” bounds their internal procedure, not your rights.

“Any action in court to claim damages must be brought within two years from the date of arrival of the aircraft, or from the date on which the aircraft ought to have arrived.”

In plain terms: your horizon for going to court is two years from the flight's arrival. A deadline invented in a commercial letter does not replace the text's.

Annex, section “Time limit for action” · Regulation (EC) No 2027/97 as amended, Annex (information notice), section “Time limit for action” · https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX:01997R2027-20020530

Myth · A goodwill gesture is not up for discussion: it is €40 or nothing.

The myth: “it is their offer or nothing” Their offer is a negotiating position; the rule, for its part, is written elsewhere: the carrier's liability in respect of passengers and their baggage is governed by ALL provisions of the Montreal Convention relevant to such liability. A commercial offer does not measure your damage: it measures what they hope you will accept. Between the two stands your quantified, substantiated claim.

“1. The liability of a Community air carrier in respect of passengers and their baggage shall be governed by all provisions of the Montreal Convention relevant to such liability.”

In plain terms: the measure of what they owe is the Montreal Convention as applied by the European regulation, not the generosity of the claims department.

Article 3(1) · Regulation (EC) No 2027/97 (air carrier liability), as amended by Regulation (EC) No 889/2002, Article 3, paragraph 1 · https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX:01997R2027-20020530

Myth · If they write that the file is “definitively closed”, it is closed.

The myth: “the airline has closed the file” An airline closes ITS files; it does not close your remedies. The official page of the Union writes it: you can consult the European Consumer Centre in your country for help and advice on problems related to air passenger rights. And the text's window for court action, for its part, is counted in years.

“You can also consult your local European Consumer Centre for help and advice on problems related to air passenger rights.”

In plain terms: after their last word, interlocutors remain. The European Consumer Centre in your country is one of them, and it knows this kind of letter very well.

Section “Claim your rights” · Air passenger rights: help from the European Consumer Centre · https://europa.eu/youreurope/citizens/travel/passenger-rights/air/index_en.htm

Verdict · What a hold tag was worth

A suitcase gone six days, returned cracked, a desk pointing at the partner, a voucher “in full and final settlement”, and eight rights that all fitted in the ticket wallet.