If your suitcase has suffered damage or your luggage has been lost, you must claim to the company. The company is responsible for repairing or restoring the damage caused. On the other hand, the airline is responsible for the checked baggage.
When you notice any irregularity with your luggage (loss, damage or delay), communicate it immediately, before leaving the airport, at the counters of the airline, or if it does not have a presence at the airport to your agent or representative at the airport in the authorized counter.
When you report an incident on your baggage at the airport, the airline or its handling agent will issue a baggage irregularity report (PIR) and will give you a copy. Save this document, as it is the one requested by the airline when you claim.
For many companies it is essential to present the PIR form to accept a claim related to luggage, so we recommend that you fill it out before leaving the airport.
In addition, you must submit a formal written complaint to which you must attach a copy of the PIR in accordance with the terms established in the Montreal Convention:
Damage to luggage: 7 days from receipt of luggage.
Baggage delay: 21 days from receipt of luggage.
Loss of baggage: There is no limit established in the Agreement, but it is recommended to make the claim as soon as possible, after the 21 days during which the suitcase has been "delayed", or after the airline has confirmed that your baggage is lost.
Please note that without protest on your part, it will be considered, unless proven otherwise, that it has been delivered in good condition and in accordance with the transport document.
If your flight entails making a connection with more than one company, you may be able to check in your luggage from the departure to the final destination. If you do this and something happens with your luggage, you can claim against any of the companies that have transported the luggage.
If the divergences with the company cannot be resolved, the passenger can claim through the courts. It has a term of two years, from the date of arrival at the destination or the day the aircraft should have arrived. The rules of application in these cases is the Montreal Convention, ratified by Spain in 2004.
Are you entitled to any compensation?
The liability of the carrier in case of destruction, loss, damage or delay in the transport of luggage is limited to 1,131 special drawing rights* per passenger, unless the passenger has made the carrier a special declaration of the value of the delivery of checked baggage when receiving the baggage at the place of destination and, where appropriate, paid an additional amount. However, and to ensure sufficient coverage, it is advisable to take out private insurance when traveling with valuables.
* Special drawing rights shall be converted into the national currency of a State according to the value of that currency on the date of the judgment or on the date agreed upon by the parties. The value, in terms of special drawing rights, of a national currency of a Contracting State shall be calculated in accordance with the valuation method applied by the International Monetary Fund in effect on the date in question for its operations and transactions.
For further information, please see the Montreal Convention
Review of the limits of responsibility. Montreal Convention