When Airlines Lose Your Luggage: How to Get the Compensation You Deserve

Experiencing the frustration of lost luggage can turn an exciting trip into a stressful ordeal. Imagine arriving at your destination only to discover your suitcase never made the journey with you – suddenly you’re left scrambling to purchase essentials and rebuild your wardrobe from scratch. While this scenario is all too common for travelers, what most people don’t realize is that they have far more power in these situations than airlines want them to believe. The story of Bailey Berg, an Alaska-based freelance writer whose experience with TAP Air Portugal reveals how knowledge and persistence can transform an inadequate compensation offer into a fair reimbursement that actually covers your losses.

When Berg’s luggage failed to make it onto her flight from Dulles to Lisbon, she found herself in the familiar position of needing to purchase replacement items while abroad. Following her return to the United States, she meticulously documented her expenses, filing a detailed reimbursement claim that included itemized listings of everything she had to buy, explanations of why each purchase was necessary, exact costs, and accompanying receipts. Her careful documentation showed expenses totaling just over $2,300 – a reasonable amount considering the comprehensive nature of what she needed to replace for her trip. Despite this thorough documentation, TAP Air Portugal’s initial response was dismissive at best, claiming “the receipts you shared are too high” and offering a paltry $800 in compensation – roughly one-third of her actual expenses. This lowball offer represents the standard airline strategy: offer the minimum possible amount, hoping passengers will simply give up and accept whatever is offered.

This is where Berg’s story diverges from the typical lost luggage narrative. Rather than reluctantly accepting the insufficient offer, she armed herself with knowledge of international aviation regulations – specifically, The Montreal Convention of 1999 (MC99). This critical international agreement establishes clear frameworks for airline liability in cases including baggage loss, damage, or delay. Under the Convention, passengers are entitled to approximately $1,700 maximum compensation for lost, damaged, or delayed luggage, with specific timelines for filing claims: seven days for lost or damaged items and 21 days for delayed baggage. Most importantly for travelers in Berg’s situation, the Convention explicitly states that when luggage is delayed, passengers have the right to reimbursement for essential items they must purchase – and this isn’t a courtesy or “goodwill gesture” from the airline, but rather a legal obligation that carriers must fulfill.

Armed with this knowledge, Berg crafted a response that fundamentally changed the power dynamic with TAP Air Portugal. She directly cited the relevant section of The Montreal Convention (Article 19) along with the airline’s own Customer Service Plan, clearly stating: “This is not a goodwill gesture—it is a legal obligation. Your current offer does not reflect the reality of the hardship imposed by the delay, nor does it meet the standard of care outlined in international passenger rights law.” Her approach demonstrates the value of specific, factual responses that reference both international regulations and the airline’s own published policies. By framing her request not as a plea for consideration but as an expectation of legal compliance, she established herself as a knowledgeable consumer who understood her rights and expected them to be honored. This approach shifts the conversation from what the airline is willing to offer to what they are legally required to provide.

The path to fair compensation wasn’t immediate, even with this well-crafted response. Berg needed to send two additional follow-ups, and the process stretched nearly two more months before TAP finally responded with an appropriate offer. Eventually, the airline increased their compensation to $2,193 – almost triple their initial offer and a fair reflection of Berg’s actual expenses. This outcome highlights an important reality of airline compensation practices: persistence is essential. Airlines count on passenger fatigue and frustration leading to acceptance of inadequate offers. They know that many travelers will simply take whatever is initially offered rather than engaging in a potentially months-long back-and-forth communication process. However, Berg’s experience demonstrates that knowing your rights and being willing to assert them repeatedly can ultimately lead to fair treatment, even if it requires patience and determination.

The most valuable takeaway from Berg’s experience is her observation that “airlines bank on passengers not knowing their rights or not wanting to deal with the hassle.” This insight reveals the fundamental strategy behind many airline compensation practices. By making the reimbursement process complicated, time-consuming, and frustrating, carriers effectively reduce their financial liability, as many passengers simply accept whatever initial offer is made. However, armed with knowledge of The Montreal Convention, detailed documentation of expenses, clear communication citing specific regulations, and persistent follow-up, travelers can dramatically improve their chances of receiving fair compensation. When your luggage goes missing, remember that accepting an airline’s first offer is rarely your best option. Instead, approach the situation as Bailey Berg did: document thoroughly, know your rights under international law, communicate professionally but firmly, and be prepared to follow up as many times as necessary. The difference between accepting defeat and standing your ground could be thousands of dollars in rightful compensation for your inconvenience and expenses.