Airline Letter Template
Damaged Luggage Claim Demand Letter (14 CFR § 254 / Montreal Art. 17)
Your bag came off the carousel cracked, wheels broken, zipper torn, contents damaged. Federal law sets a $4,700 floor on domestic damage claims and Montreal Convention makes international carriers strictly liable. The Contract of Carriage doesn't override either.
The letter
Copy, customize, send.
[Your Full Name] [Address] [City, State ZIP] [Phone] [Email] [Date] [Airline Name — Baggage Claims Department] [Address from contract of carriage] Sent via certified mail, return receipt requested Re: Damaged Baggage Claim — PIR [Reference Number] To Whom It May Concern: I am writing to formally claim compensation for damage to my checked baggage on flight [Number] on [Date], routing [Origin → Destination], ticket / PNR [Number]. PIR reference: [Number], filed at the [Airport] baggage service office on [Date]. Photos taken at the baggage office with the responding employee are enclosed. Damaged property: • Bag: [brand / model / approximate age / approximate original price] • Specific damage: [e.g., cracked frame, broken wheel, torn zipper, contents soaked] • Contents damage (if any): [list with original purchase records] Itemized claim: • Repair estimate (attached, from [Company] dated [Date]): $[Amount] • OR depreciated replacement value if irreparable: $[Amount] • Replacement bag purchased to continue trip: $[Amount] • Other related expenses: $[Amount] • **Total**: $[Total] Legal basis: [DOMESTIC FLIGHT — 14 CFR § 254.4] Federal floor of $4,700 per passenger under 14 CFR § 254.4 (effective Jan 22, 2025; previously $3,800). Any contractual cap below that floor is unenforceable. [INTERNATIONAL FLIGHT — Montreal Convention Article 17(2) + 22(2)] Strict liability under Article 17(2) for damage to checked baggage occurring on board or in carrier's charge (unless inherent defect of the bag). Liability cap of 1,519 SDRs per passenger under Article 22(2) (effective Dec 28, 2024; ~$2,019 USD). Article 26 voids any contract provision purporting to reduce that liability. Demand: Within [30] days of receipt of this letter, please: 1. Pay $[Total] as compensation for the damaged bag, replacement, and related expenses, up to the [$4,700 / 1,519 SDR] cap; 2. Provide written documentation of the resolution. If you do not, I will pursue: • DOT complaint at transportation.gov/airconsumer/file-consumer-complaint; • Breach-of-contract-of-carriage action in [state] small claims court; • Montreal Convention 2-year statute of limitations under Article 35 is preserved. Sincerely, [Your Signature] [Your Printed Name] Enclosures: [PIR; boarding pass; baggage tag; dated photos of damage at baggage office; repair estimate; receipt for original bag purchase if available; receipt for any replacement]
This template is for informational use only. It is not legal advice and does not create an attorney-client relationship. Square-bracketed placeholders must be replaced with your specific facts. State law and procedural details vary; if your situation is urgent, complicated, or high-stakes, email info@imfrustrated.org for a free conversation with a volunteer attorney before you send it.
How to use it
A few things before you send.
- 1.Report the damage at the airport baggage service office BEFORE leaving the airport, even if you're tired and the line is long. Most contracts of carriage treat failure to report at the airport as waiver. Get a PIR reference number in writing.
- 2.Take photos of the damage AT THE BAGGAGE OFFICE, with their employee in frame if possible. This is contemporaneous documentation the airline cannot later dispute.
- 3.Get a written repair estimate from a luggage repair shop within a few days. Airlines often contract with specific repair networks; the estimate quantifies the damages and shows you're serious.
- 4.For international travel, file the written complaint within 7 days of receiving the bag (Montreal Convention Article 31(2)). Airlines cannot shorten this deadline. For domestic, follow your specific airline's CoC (typically 7–21 days).
- 5.Don't accept the airline's first lowball offer. The $4,700 federal floor or 1,519 SDR international cap is the ceiling, not the floor — and depreciation calculations vary widely. Provide original purchase price and evidence of condition (pre-trip photos) to argue for actual cash value, not arbitrary depreciation schedules.
What the law actually says
Why this letter works.
Domestic damaged-baggage claims fall under 14 CFR Part 254. § 254.4 establishes a federal floor of $4,700 per passenger (raised from $3,800 effective January 22, 2025 per 89 FR 84819) for provable direct or consequential damages from disappearance, damage, or delay of personal property in the carrier's custody on flight segments using large aircraft. The cap is per passenger, not per bag. Carriers cannot contractually reduce liability below this floor; § 254.5 requires conspicuous written notice of any monetary limit. The federal floor overrides any conflicting Contract of Carriage language — including most low-value defaults that airlines try to impose at check-in.
International damaged-baggage claims are governed by the Montreal Convention 1999. Article 17(2) imposes strict liability on the carrier for destruction, loss, or damage to checked baggage occurring on board or while the baggage is in the carrier's charge. The only exception is damage stemming from the inherent defect, quality, or vice of the baggage itself. Article 22(2) caps liability at 1,519 SDRs per passenger (approximately $2,019 USD as of the December 28, 2024 ICAO revaluation; up from 1,288 SDRs). Article 26 makes any contractual provision relieving the carrier of liability or reducing the Article 22(2) limit null and void.
Reporting deadlines are critical. At the airport, file a Property Irregularity Report (PIR) at the baggage service office before leaving baggage claim. Most contracts of carriage treat failure to report at the airport as waiver; some carriers (Delta tightened this to 6 hours for tickets issued on or after October 8, 2025) impose specific post-airport windows. For international travel, Montreal Article 31(2) gives 7 days from receipt of baggage to file a written complaint for damage (21 days for delay). For domestic, the carrier's CoC governs — typically 7 to 21 days.
Standard CoC exclusions warrant attention. Carriers typically exclude: normal wear and tear; pre-existing damage; manufacturer's defect; damage from TSA security inspection (which is a Federal Tort Claims Act claim against TSA via Form SF-95, not against the airline); high-value items in checked bags (electronics, cameras, cash, jewelry, negotiable instruments, medication, keys, business documents, fragile items, heirlooms — required to travel as carry-on); and improperly packed or overstuffed bags. For international travel, courts have repeatedly held that carrier exclusions for "valuables" are unenforceable to the extent they conflict with Article 17 strict liability — the airline accepted the bag, and it's liable up to 1,519 SDRs regardless of contents class. Domestic exclusions are generally enforceable for excluded categories but only up to the limit and only if conspicuously disclosed.
If this doesn’t work
Your next move.
If the airline lowballs or denies the damage claim, escalate. DOT complaint at transportation.gov/airconsumer/file-consumer-complaint forces a written airline response within 60 days. Small-claims court is the next step for amounts up to the state's jurisdictional limit (typically $5,000–$10,000, easily covering most bag-damage claims). Bring the PIR, dated photos taken at the baggage office, repair estimate, and receipts for original purchase and any replacement. Montreal Convention claims have a 2-year statute of limitations under Article 35; domestic claims follow state contract limitations periods or the CoC's stated limit. Credit-card travel insurance benefits (Chase Sapphire, Amex Platinum, certain Discover and Capital One cards) often cover baggage damage on a parallel track — file simultaneously.
Questions people ask
FAQ.
They said I had to report it at the airport and I didn't. Am I out of luck?
Often, for domestic — yes, that's the airline's strongest defense. Try anyway: file the claim, explain the circumstances (rush to catch connection, employee not present, damage hidden by dark bag interior). For international, you have 7 days under Montreal Article 31(2) regardless of what the airline says.
The airline says my laptop / jewelry is on their excluded list.
For international travel, that exclusion is largely unenforceable under Montreal Article 26 — they accepted the bag, they're on the hook up to 1,519 SDR. For domestic, the exclusion likely holds for the excluded item itself, but the airline is still liable for damage to the bag and to non-excluded contents.
They offered me $50 and a travel voucher. Do I have to take it?
No. The § 254 / Montreal limits are the ceiling, not the offer. You can reject and escalate. Vouchers are worth less than cash and often have restrictions — the law entitles you to monetary compensation up to the cap.
My bag is 5 years old and they're depreciating it 80%. Is that allowed?
Airlines apply depreciation schedules but aren't contractually entitled to any specific schedule. Provide original purchase price, evidence of condition (pre-trip photos), and argue for actual cash value not arbitrary depreciation. Small claims court is your leverage.
Should I file a DOT complaint or sue?
Both, in sequence. DOT complaint is free and forces a written response in 60 days — often resolves the matter. If it doesn't, small claims court (typical limit $5K–$10K, no lawyer needed) is the next step.
Nervous about sending it yourself?
we’ll read it over with you.
Email the situation and a volunteer attorney will respond. No commitment, no invoice, no judgment — just an honest second pair of eyes from someone who actually understands the law.
info@imfrustrated.org