Definition and legal basis of liability for travel luggage
The term “travel luggage, liability for” covers all legal aspects related to the loss, damage, or delayed delivery of luggage in the context of transport contracts. Liability for travel luggage arises from both national and international legal regulations and is comprehensively governed in transport law (including air, rail, bus, and sea transport), the German Civil Code (BGB), as well as in international conventions.
Regulations on liability for different types of transport
Liability in air transport
Montreal Convention
In international air transport, the provisions for liability for travel luggage are primarily governed by the Montreal Convention, which is directly applicable in the European Union. According to Articles 17 and 22 of the Montreal Convention, the operating air carrier is liable for the destruction, loss, damage, or delayed delivery of checked luggage. The liability is limited to a maximum amount of 1,288 Special Drawing Rights (SDR) per passenger (as of 2024, approx. 1,600 euros), unless a higher value was declared and insured for an additional charge.
For unchecked carry-on luggage, the air carrier is only liable if the damage was caused by the fault of the company.
EU Passenger Rights Regulation
Additionally, the provisions of the EU Passenger Rights Regulation (Regulation (EC) No. 261/2004) apply in cases of luggage issues. However, these mainly provide for rights to information, assistance, and compensation for necessary replacement purchases due to delayed luggage delivery, and less for direct claims for luggage damage.
Liability in rail transport
Railway Transport Regulations and CIV
Liability in passenger rail transport is governed by the Railway Transport Regulations (EVO) as well as the uniform legal framework for international rail passenger transport (CIV). For domestic transport, the rail company is liable for the loss or damage of checked luggage up to a maximum of 1,300 Special Drawing Rights per traveler, provided the luggage was properly labeled and checked in.
For carry-on luggage, the railway company is liable only if its staff are at fault.
Liability in bus and ship transport
In scheduled bus and ship transport, liability and its scope are determined by the respective contract and supplemented by the provisions of the German Commercial Code on freight contracts (§§ 407 ff. HGB). Here, the liability limits are generally lower than in air or rail transport, unless the luggage was checked in separately.
Exclusion and limitation of liability
Scope of liability
The liability of transport companies is typically limited to luggage that has been accepted under the transport contract. Companies cannot be held liable for items the traveler transports illegally or in violation of explicit transport prohibitions.
Reasons for exclusion of liability
Liability is excluded if there is evidence of force majeure, the traveler’s own fault, inadequate packaging, or normal wear and tear. Furthermore, liability for carry-on luggage typically excludes damage resulting from the nature or defects of the luggage itself.
Limited liability amounts
The above-mentioned liability limits apply to almost all types of transportation and can only be exceeded by the traveler if a higher interest in the value of the luggage is declared at check-in and the corresponding additional fee is paid.
Rights of travelers in case of luggage damage
Damage report and deadlines
Observing certain deadlines is essential to assert claims. In air transport, damage to luggage must be reported in writing no later than seven days after receipt, and delay must be reported within 21 days. For rail and other forms of transport, similar regulations apply, sometimes with varying deadlines.
Type and scope of compensation
In general, reimbursement is for the current value of the luggage or the lost or damaged items, taking usual wear and tear into account. For luggage delivered late, travelers are entitled to reimbursement for necessary replacement purchases (such as toiletries, clothing) if these were reasonable and required due to the delay.
Burden of proof
When asserting claims, the burden of presentation and proof for the damage and its amount lies with the traveler. Transport companies can exempt themselves only if they can prove that they and their employees exercised the necessary care.
Liability in package tours
In the case of package tours, in addition to the liability of the transport company, there is also secondary liability of the tour operator pursuant to § 651 BGB ff., provided the loss or damage of the luggage occurred in connection with the package tour and cannot be attributed solely to the traveler or third parties. The damage must be reported promptly to the tour operator in order to preserve recourse claims.
Handling of damage claims and practical advice
To enforce claims, damage should ideally be reported in writing at the location of occurrence (e.g., at the baggage carousel or relevant counter). It is advisable to keep receipts and photos of the damaged luggage or missing items and to attach them to the damage report. In case of dispute, a conciliation service can be consulted if an out-of-court settlement fails.
Literature and further regulations
Liability for travel luggage is regulated in various legal texts and international conventions. In addition to the Montreal Convention, the HGB, BGB, recourse decrees, as well as the terms and conditions of the respective providers are decisive. Further information can be found in the Railway Transport Regulations, CIV provisions, and the national implementation laws for the Passenger Rights Regulation.
Note: The information provided here gives a comprehensive overview of the legal situation regarding liability for travel luggage as of 2024. Changes or country-specific deviations are possible. For specific details, it is advisable to consult the respective terms and conditions of carriage and relevant legal texts.
Frequently asked questions
Who is liable for loss or damage to travel luggage during a flight?
In general, the airline is liable for the loss or damage of travel luggage during a flight. The legal basis is set out in the Montreal Convention, which is binding for international flights, as well as in the European Passenger Rights Regulation. Liability, however, only applies if the luggage was checked in at the airport (i.e., as “Checked Baggage”) and the loss or damage is not due to an inherent defect, the nature of the luggage, or force majeure. The passenger must report the damage to the airline in writing within seven days after receiving the damaged item or within 21 days in the case of a delayed luggage delivery. The amount is limited (currently up to approx. 1,300 Special Drawing Rights, or approximately €1,600), unless the passenger declared a higher value at check-in for an additional fee. In cases of intent or gross negligence, the limit can be waived.
How should damage to luggage be reported to the airline?
Damage to travel luggage must be reported without delay in writing to the responsible airline. For visible damage, the report must be made no later than seven days after the luggage has been delivered; otherwise claims may be lost. In the case of delayed delivery of luggage, notification of damage must be made within 21 days after receipt of the luggage. It is advisable to report the damage directly at the airport at the airline counter (Lost & Found or Baggage Services) and obtain a written confirmation or so-called Property Irregularity Report (PIR). Details of the damage, photos, and receipts for the value and contents of the luggage are helpful when asserting claims for compensation.
Are unchecked luggage items (carry-on) also covered by the airline’s liability?
For carry-on luggage that the passenger brings on board, the airline’s liability is limited. Liability generally only applies if the damage was caused by fault on the part of the airline or its staff. This includes, for example, damage caused by staff during stowage or by grossly negligent actions. Liability is generally excluded for valuables, electronic devices, or fragile items in carry-on luggage, unless the damage can be directly attributed to the airline. It is advisable to cover carry-on luggage with additional insurance.
What is the maximum liability amount for luggage damage under international law?
Under the provisions of the Montreal Convention, airline liability for checked luggage is limited to a maximum of 1,288 Special Drawing Rights (SDR) per passenger, which corresponds to about 1,600 euros depending on the current exchange rate. If the value of the luggage is declared at check-in and a corresponding additional fee is paid, this limit can be exceeded. Without such a declaration, the airline is liable, regardless of the actual value of the luggage, only up to the agreed upper limit. In cases of gross fault by the airline, the liability limit can be waived.
What has to be considered regarding liability for luggage on package tours?
On package tours, travelers have independent claims against the tour operator under §§ 651a ff. BGB (German Civil Code) if luggage is lost or damaged during the trip. The tour operator is also liable for the fault of its agents, such as the airline or hotel staff. However, the liability limits under the Montreal Convention and other international agreements also apply here if the transport is by airline. The traveler must report luggage damage immediately to the tour guide or operator to secure compensation claims. The operator’s liability may be broader if the entire travel contract is affected (e.g., significantly limited use due to luggage loss).
What evidence is required for successful settlement of a damage claim?
For the successful assertion of claims due to luggage damage – especially in case of loss – the traveler must prove that the damage actually occurred and that it concerns checked luggage. This includes, for example, the baggage tag, boarding pass, and, if applicable, the damage report at the airport. A detailed list of the damaged or lost contents is also required, as are purchase receipts or other proof of value where possible. Photographic documentation is generally recommended. Missing evidence can result in the claim being reduced or rejected altogether.
Does airline liability also apply in case of delayed luggage delivery?
Yes, the airline is in principle also liable for damage caused by delayed delivery of luggage (known as “delivery delay”), in particular for necessary purchases of replacement clothes and toiletries at the place of stay. The prerequisite is that the expenses were demonstrably necessary and proportionate due to the delay. Reimbursement is only made up to the liability limit set by the Montreal Convention. Receipts and documentation for purchases are mandatory. The claim must be made in writing within 21 days after delivery of the delayed luggage.
Are there exclusions or special rules for particularly valuable travel luggage?
For especially valuable items such as jewelry, antiques, electronic devices, or money, the airline is generally not liable if these are in checked luggage. The Montreal Convention explicitly provides an exception to the usual liability for such valuables. However, the traveler can declare a higher value for the luggage at check-in and, upon paying an additional fee, agree on extended liability with the airline. Alternatively, a special baggage insurance is recommended. Without such value declaration and additional insurance, the airline is generally not liable or only bears very limited liability for such items.
