Claim for Damage, Delay or Loss of Luggage

A Claim for Damage, Delay or Loss of Luggage may be used by a person (the "claimant") who arrived at his place of destination from an international or domestic flight, and whose baggage or luggage has been damaged, lost, or the delivery of which has been delayed.

This is a letter that may be sent to the airline concerned to claim compensation for the loss, damage, or delayed delivery of his luggage for flights within or outside the Philippines, provided that either the place of departure or arrival is in the Philippines.

When to send this letter? (Time limits)

Damaged Luggage: Under the law, the claimant must file or send this letter to the airline concerned within 7 days from the date of receipt of the checked-in luggage that has incurred damage during the flight.

Delay of delivery and Loss of Luggage: In case of delay of delivery or loss of luggage, this letter must be sent within 21 days from the date of arrival of the claimant.

How much may be claimed?

Delayed Delivery of Luggage: Under the law, airlines are required to refund luggage or baggage fees when the same does not arrive within 24 hours from the time of the arrival. Passengers will be given PHP2,000 as compensation for every 24 hours that their baggage is delayed. Any luggage that has not arrived after 7 days is considered lost.

Lost and Damaged Luggage: For lost or damaged luggage on international flights, the passenger can recover or claim up to approximately USD1,500 or approximately PHP85,000 which is based on the maximum amount allowed by the applicable law.

For domestic flights, the maximum amount that the passenger can claim under the law is about PHP42,000.

The maximum amount of claim may vary depending on several factors such as the value of the lost or damaged luggage, and the policies of the airline concerned. Further, in international flights, the applicable laws that different countries adhere to may apply.

How to use this document

After completing the details of the flight and the claimant or the passenger who wants to claim compensation, as well as the details of the airline to whom the claim will be made, the following are the details that must be included:

• The date the letter will be sent which should comply with the time limits,
• The state of the luggage whether damaged, lost, or the delivery of which is delayed,
• The details of the circumstances of the luggage which should include the value of the items lost or damaged,
  • In case of damage, the pictures showing the damage may be attached,
  • In case of loss, the receipts or proof of the value of the lost items may be attached,
  • In case of delayed delivery, the number of days when the delay lasted should be included,
• The date of arrival of the claimant,
• The flight number, together with an attachment of the claimant's boarding pass or flight ticket,
• If the incident is already reported to the airline authorities, the document or form submitted must also be attached. This report may be called a "Property Irregularity Report" or "Baggage Claim",
• The amount of compensation that will be claimed, and
• The acceptable methods of payment.

After completing the document, 2 copies must be printed and signed by the claimant, and one copy should be sent via registered mail to the airline concerned and the other copy must be kept by the claimant for his records. A copy of the boarding pass must be attached to this letter before sending it. Further, in case of damaged luggage, the pictures showing the damage may be attached. On the other hand, in case of lost luggage, copies of the proof of the value such as receipts of the lost items may also be attached.

If an incident report form, Property Irregularity Report, or Baggage Claim has already been submitted by the claimant to the airline concerned, a copy should also be attached to this letter before sending it.

Applicable Law

The Civil Code of the Philippines may apply for compensation that may be claimed for loss, damage or delayed delivery of luggage specifically under the rules on Contract of Carriage. Additionally, the Montreal Convention of 1999 and the Air Passenger Bill of Rights may apply depending on whether the flight is international or domestic and if the country of arrival or departure is a party or adheres thereto.

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