Damaged suitcase: how to claim within 7 days
Reviewed by José Romero Lara
EU261 aviation lawyer — 5+ years as in-house legal counsel at international airlines
A broken wheel, a torn-off handle or a cracked shell when you pick up your suitcase: it happens more often than you’d think, and the deadline to complain about it is far shorter than most people realise. These cases are governed by the Montreal Convention, not Regulation 261/2004, and it gives you only 7 days to complain in writing. This guide explains what to do at the airport, what the compensation covers, how much you can get and how to claim depending on the airline.
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Check my claim1You have 7 days to complain in writing
The Montreal Convention (Art. 31) gives you just 7 days from collecting your bag to complain in writing to the airline about damage. It’s the shortest deadline in the whole baggage cluster and the one most passengers miss without realising: delayed baggage gets 21 days, and lost baggage is counted differently.
Collecting the bag without complaining works against you
If you collect your baggage without saying anything, the law presumes it arrived in good condition (Art. 31.1). That’s why it’s best to complain at the airport before leaving the baggage hall, though you can still do it in writing within 7 days if you noticed later.
2What to do at the airport
If you spot the damage as soon as you collect the bag, act before leaving the baggage reclaim area:
- 1
Go to the airline’s or handling agent’s baggage desk
It’s inside the reclaim area itself, next to the belts. You don’t need to go through general customer service.
- 2
Ask staff to file the PIR (Property Irregularity Report)
Describe the damage in detail: which part is broken, cracked or missing. It’s the document that proves you reported it before leaving the airport.
- 3
Photograph the damage next to the bag tag
The photo should show the damaged bag and the tag number, with a date, before you move it or try to fix it yourself.
- 4
Ask for a stamped or emailed copy of the PIR
Without it, it’s much harder to prove later that the damage happened in transit.
3If you’d already left the airport before noticing
A lot of damage only shows up once you’re at the hotel: a wheel that doesn’t turn properly, a crack you didn’t spot under the terminal lighting. You can still claim.
Photograph the damage and the bag tag, even if it’s no longer attached to the suitcase.
Keep your boarding pass and booking: they identify the flight and date.
Complain to the airline in writing within 7 days of collecting the bag, even if you didn’t file a PIR at the airport.
Explain in your complaint when and where you noticed the damage: the sooner you write within the deadline, the stronger your claim.
The PIR isn’t essential, but it helps a lot
The law doesn’t require a PIR to claim, but without one it’s harder to prove the damage happened during the flight. Complaining in writing within 7 days is still valid even if you didn’t do it at the airport.
4What the compensation covers
The Montreal Convention (Art. 17.2) makes the airline liable for any damage to checked baggage that happened while it was in its custody, without you having to prove how it happened. For hand baggage, the airline is only liable if the damage was its fault.
The suitcase itself: a cracked, broken or burst shell.
Functional parts: wheels, handles, locks and feet that are broken or torn off.
Damaged contents inside the bag, if you can prove it.
“Normal wear and tear” isn’t compensated
Scuffs, surface marks or the wear that comes from normal use don’t count as claimable damage. What matters is whether the part still works: a scuffed wheel isn’t compensated, a broken or missing one is.
5How much you can claim
The liability ceiling is 1,519 SDR per passenger, about €1,800 (Art. 22.5). It’s a maximum, not a fixed amount: you get the value of the damage you can prove, whether that’s the repair cost, the current market value of the suitcase if it can’t be fixed, or the value of the damaged contents.
You can declare a special value
If you’re checking in something valuable, you can make a special declaration of value for a fee, which raises the ceiling to the declared value. Without it, the general limit applies.
6How to claim depending on the airline
The process is the same for every airline: a PIR at the airport, a written complaint within 7 days and, if there’s no reply, escalation. What changes is where you file the baggage claim on each website, which isn’t always the same form used for delays or cancellations.
Where to claim for damaged baggage
Ryanair
Ryanair.com help centre, damaged or lost baggage section (separate from the EU261 delay form)
Iberia
“Reclamaciones y justificantes” (claims and certificates) > Baggage
Vueling
Customer service > Baggage
Air Europa
Customer service > Baggage claims
Ryanair accounts for a large share of the searches about broken suitcases: because its baggage form is separate from the delay one, it’s easy to end up claiming in the wrong place and lose days within the 7-day deadline.
7Airline excuses (and what to do)
“It’s normal wear and tear”
True only for scuffs or marks from use. If a part is broken, cracked or torn off — wheels, handles, locks, the shell — it isn’t normal wear and tear and it is claimable.
“You didn’t report it at the airport”
A PIR isn’t a legal requirement to claim, though without one it’s harder to prove the damage. If you complained in writing within 7 days, with photos and the bag tag, the claim is still valid.
“The handling agent did the damage, not us”
This doesn’t exempt the airline. Art. 30 of the Montreal Convention makes the carrier liable for the acts of its servants and agents, including the handling company that loads and unloads bags.
8If the airline won’t pay
Baggage is governed by the Montreal Convention, not Regulation 261/2004, so AESA doesn’t handle these claims even though it does handle flight delays and cancellations.
If there’s no reply within a month, or the claim is rejected, and the airline has joined the Junta Arbitral de Consumo (Spain’s consumer arbitration board), you can use this route: it’s free and its ruling is binding and enforceable, though it’s only available if the airline has voluntarily joined the scheme.
The alternative is court: for claims up to €2,000 you don’t need a lawyer or court agent.
You have 2 years from the flight’s arrival to sue (Art. 35), a time limit that can’t be interrupted or paused.
AviFly claims for your damaged suitcase
With your photos, the tag and the PIR if you have one, we take care of the rest. We only charge if you get your money.
Claim for my bagFrequently asked questions
How long do I have to claim for a damaged suitcase?
You have 7 days from collecting your baggage to complain in writing to the airline (Montreal Convention, Art. 31). That’s much shorter than the deadline for delayed (21 days) or lost baggage.
Could you explain the cover for damaged baggage?
It covers the checked suitcase, its functional parts (wheels, handles, locks) and any damaged contents while they were in the airline’s custody, up to a ceiling of 1,519 SDR (about €1,800) per passenger (Art. 22.5 of the Montreal Convention). It doesn’t cover normal wear and tear, and hand baggage is only compensated if the damage was the airline’s fault.
What if I didn’t file a PIR at the airport?
A PIR isn’t a legal requirement, but it makes proving the damage much easier. If you noticed later, you can still claim in writing within 7 days, with photos of the damage and the bag tag.
How much will I get for a broken suitcase?
It depends on the damage: the repair cost if it can be fixed, the current market value if it can’t, or the value of the damaged contents, always up to the 1,519 SDR ceiling per passenger. It’s a maximum, not a fixed amount.
Can the airline refuse by claiming normal wear and tear?
Only for scuffs or surface marks. If a wheel, handle or lock is broken or torn off, that isn’t normal wear and tear and the airline must compensate it.
How do I claim for a broken suitcase from Ryanair?
Through the ryanair.com help centre, in the damaged or lost baggage section, which is separate from the EU261 delay and cancellation form. You’ll need the PIR or, if you didn’t file one, photos and the bag tag.