Airline Letter Template
Lost Luggage Compensation Demand Letter ($4,700 / Montreal Cap)
Your bag never arrived. Or arrived days late. Or arrived empty. There's a federal floor of $4,700 per passenger for domestic flights — and the Montreal Convention adds ~$2,019 internationally. The bag-fee itself gets auto-refunded. This letter invokes it all.
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: Lost / Delayed Baggage Claim — PIR / MBR [Reference Number] To Whom It May Concern: I am writing to formally claim compensation for the bag described below, which was lost in your custody on flight [Number] on [Date]. The Property Irregularity Report (PIR) / Mishandled Baggage Report (MBR) reference number is [Number], filed at the [Airport] baggage service office on [Date]. Flight and bag details: • Airline + flight number(s): [Number] • Date of travel: [Date] • Routing: [Origin → Destination] • Ticket number / PNR: [Number] • Baggage tag number: [Number] • PIR / MBR reference: [Number] • Date filed: [Date] • Bag description: [brand / model / color / approximate age / approximate original cost] Status: • Bag last located: [Date / location / source — airline app, airline employee, never located] • Days since arrival without bag: [Number] • [Has the airline declared the bag "lost" as opposed to "delayed"? Yes / No / Pending] Itemized loss (receipts attached as exhibits): | Item | Original date / source | Replacement cost | |------|------------------------|------------------| | [Item 1] | [Date / receipt #] | $[Amount] | | [Item 2] | [Date / receipt #] | $[Amount] | | [Item 3] | [Date / receipt #] | $[Amount] | | **Total loss** | | **$[Total]** | Incidental expenses (essentials purchased while waiting for bag): | Item | Date | Cost | |------|------|------| | [Toiletries] | [Date] | $[Amount] | | [Replacement clothing] | [Date] | $[Amount] | | [Other] | [Date] | $[Amount] | | **Total incidentals** | | **$[Total]** | Legal basis for the claim: [Pick the regime that applies — strike the other.] [DOMESTIC FLIGHT — 14 CFR § 254] Under 14 CFR § 254.4, a U.S. air carrier "shall not limit its liability for provable direct or consequential damages resulting from the disappearance of, damage to, or delay in delivery of a passenger's personal property, including baggage, in its custody to an amount less than $4,700 for each passenger" on flight segments using large aircraft. This is a federal floor (raised from $3,800 effective Jan 22, 2025 per 89 FR 84819) and supersedes any conflicting Contract of Carriage limit below that amount. § 254.5 also requires written notice of the monetary limit. [INTERNATIONAL FLIGHT — Montreal Convention] Under Montreal Convention Article 17(2), the carrier is strictly liable for destruction, loss, or damage to checked baggage occurring on board or while in the carrier's charge. Article 22(2) caps that liability at 1,519 SDRs per passenger (approximately $2,019 USD as of the Dec 28, 2024 ICAO revaluation; up from 1,288 SDRs). The cap is breakable upon proof of a special declaration of interest at check-in or willful misconduct. In addition: under the DOT 2024 final rule (89 FR 32760; 14 CFR Part 260), the airline must automatically refund the checked-bag fee for the bag at issue if the bag is significantly delayed (more than 12 hours domestic, 15 hours international ≤12-hour segments, 30 hours international >12-hour segments). The bag-fee refund is owed within 7 business days (credit card) or 20 calendar days (other), independent of and on top of the damages claim. Demand: Within [30] days of receipt of this letter, please: 1. Pay $[Total loss + incidentals] as compensation for the lost bag and incidental expenses, up to the [$4,700 / 1,519 SDR] cap; 2. Refund the checked-bag fee of $[Amount] for the affected bag (DOT 2024 rule); 3. Provide written documentation of the resolution. If you do not, I will pursue: • A DOT complaint at transportation.gov/airconsumer/file-consumer-complaint; • An FCBA chargeback under 15 U.S.C. § 1666 (for the bag fee) within 60 days of the statement; • A breach-of-contract-of-carriage action in [state] small claims court for the damages claim (Montreal Convention claims have a 2-year statute of limitations under Article 35). Sincerely, [Your Signature] [Your Printed Name] Enclosures: [PIR/MBR; boarding pass; baggage claim stub; receipts for lost items; receipts for incidentals; photographs of bag and contents if available]
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.File the Property Irregularity Report (PIR) at the airline's baggage service office BEFORE leaving the baggage claim area. This is the single most-missed step and the most important. Without a PIR reference number on file the same day, the airline can deny that the bag was ever mishandled — and the DOT bag-fee auto-refund won't trigger.
- 2.Keep every receipt for essentials bought while waiting (toiletries, clothes, work shoes for a meeting). These are recoverable as incidental expenses under both the domestic and international regimes.
- 3.International travel: file the written complaint within the Article 31 deadlines — 7 days of receiving baggage for damage, 21 days of receiving baggage for delay. Miss the window, lose the right to sue (except in fraud).
- 4.Domestic travel: file the written claim per the carrier's tariff (typically 21–45 days). 14 CFR Part 254 itself doesn't set the deadline; the contract of carriage does. Check the airline's contract.
- 5.Statute of limitations to sue: 2 years for international claims under Montreal Convention Article 35; varies by state contract law for purely domestic claims, but most carriers' contracts of carriage impose a 2-year limit.
What the law actually says
Why this letter works.
Three regimes govern checked-bag claims, and which applies depends on whether the flight segment is domestic or international. For domestic flights (U.S. point to U.S. point), 14 CFR Part 254 governs. Under 14 CFR § 254.4, the carrier may contractually cap its liability, but not below a federal floor of $4,700 per passenger for provable direct or consequential damages from disappearance, damage, or delay of personal property in its custody — applicable to flight segments using large aircraft. This is a floor, not a ceiling. The floor was raised from $3,800 to $4,700 effective January 22, 2025 (89 FR 84819, Oct 24, 2024); the figure adjusts every two years to track CPI-U under § 254.6. Carriers must provide "conspicuous written notice" of any monetary limit under § 254.5.
For international flights — any itinerary touching another country, including a domestic U.S. segment ticketed with an international flight — the Montreal Convention 1999 governs. Article 17(2) makes the carrier strictly liable for destruction, loss, damage, or delay of checked baggage occurring on board or while in the carrier's charge, with no fault required, unless the damage stems from "inherent defect, quality, or vice of the baggage." Article 22(2) caps that 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 22(2)'s second sentence breaks the limit if the passenger made a "special declaration of interest" at check-in and paid any supplementary fee. Articles 31 (7 days for damage, 21 days for delay) and 35 (2-year statute of limitations) are the procedural backbone.
Layered on top of both regimes is the DOT 2024 final rule on automatic refunds. Codified at 14 CFR Part 260 and effective for compliance on October 28, 2024, the rule requires airlines to automatically refund the checked-bag fee itself (typically $30–$40) when a bag is significantly delayed. The thresholds: more than 12 hours for domestic flights; more than 15 hours for international flights of 12 hours or less; more than 30 hours for international flights longer than 12 hours. Refund is owed within 7 business days (credit card) or 20 calendar days (other) of when the bag becomes significantly delayed. This bag-fee refund is in addition to — not in lieu of — the underlying Part 254 or Montreal Convention damages claim for the value of contents and incidental expenses.
The Property Irregularity Report (PIR), also called a Mishandled Baggage Report (MBR), is the procedural keystone. Filed at the airline's baggage service office before leaving the baggage claim area, it documents the airline's possession of the bag and the failure to deliver. Without it, every subsequent step is harder. "Lost" vs. "delayed" is industry practice rather than federal definition — most carriers declare a bag "lost" between 5 and 14 days; some use 21. The distinction matters because "lost" unlocks the full Part 254 or Montreal Convention liability for the contents, not just incidentals.
If this doesn’t work
Your next move.
If the airline lowballs or denies the claim, escalate in parallel. File a DOT complaint at transportation.gov/airconsumer/file-consumer-complaint — DOT requires airlines to respond within 60 days, which often resolves underpaid claims. File an FCBA chargeback with your card issuer for the bag fee under 14 CFR Part 260 if it wasn't auto-refunded; the chargeback window is 60 days from the statement showing the bag-fee charge. For the contents-loss claim itself, small-claims court is the next step — bring the PIR, boarding pass, baggage tag, dated receipts for lost items, and the carrier's denial letter. The federal floor ($4,700 domestic, 1,519 SDRs international) is binding regardless of the carrier's stated tariff, so cite it explicitly.
Questions people ask
FAQ.
I left the airport without filing a PIR — am I cooked?
Mostly. Call the airline's baggage line immediately and open a delayed-baggage report by phone; some carriers permit a same-day report. Without that contemporaneous record, the airline will usually deny the claim and the DOT bag-fee auto-refund won't fire.
How long before my bag is officially "lost" instead of "delayed"?
There's no federal definition. Most U.S. airlines declare a bag lost between 5 and 14 days; some use 21 days. DOT says if a carrier "unreasonably refuses to consider a bag lost after it has been missing for an excessive period," that itself can trigger DOT enforcement. The distinction matters because "lost" unlocks the full liability for contents, not just incidentals.
The airline says it's only liable for $X — but the federal limit is $4,700, right?
For domestic flights on large aircraft, yes — 14 CFR § 254.4 prohibits the carrier from setting its limit below $4,700 per passenger. Quote the section in your letter. For international, the equivalent floor is 1,519 SDRs (about $2,019 USD) under Montreal Article 22(2).
My laptop / camera / wedding ring was in the bag — can I recover full value?
Internationally: only if you made a "special declaration of interest" at check-in and paid the fee (Montreal Art. 22(2)). Otherwise capped at 1,519 SDRs. Domestically: carriers may exclude electronics, jewelry, cash, and other high-value items from liability in their contract of carriage — § 254 sets the floor but doesn't override category exclusions. Lesson: carry on the valuables.
Do I get my $35 checked-bag fee back?
Yes — under the DOT 2024 rule (14 CFR Part 260), if you filed a Mishandled Baggage Report and the bag is delayed past 12 hours (domestic) or 15/30 hours (international), the airline must automatically refund the bag fee within 7 business days to the original payment method. This is independent of and on top of your damages claim.
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