If the luggage delays occur at the destination, as a traveler you are usually reliant to make replacement purchases. The respective receipts should be kept well in order to prove to the airline the specific amount of damage.
Legally, the claim against the airline for damages (= amount spent on replacement purchases) follows, inter alia, from Art. 19 MÜ (Montreal Convention). Accordingly, the air carrier has to compensate for the damage caused by delays in the carriage of passengers, baggage and goods by air. However, liability for compensation is excluded if the carrier can prove that he has taken all reasonable measures to avoid damage. This would be the case, for example, if the delay occurs because of measures of the customs on which the air carrier has no influence.
A claim for compensation for the Montreal income is possible if the departure and arrival airports are located in a member state of the Montreal Convention or if the departure and arrival airports are located in the same Contracting State but a stopover takes place in a third country. Most of the countries served from Germany, as well as Germany, are member states of the Montreal Convention (MT). Regulations (EC) 2027 / 97 and 889 / 2002 have broadened the scope of the MT: the MT now also applies to carriage within a single Member State, ie in the case of delayed arrival on a domestic German flight, claims under the MT can also be asserted.
In addition, the requirement for a claim for compensation for delayed luggage is that the traveler notifies the airline in writing of the delay and the damage incurred within 21 days after receipt of the baggage (Art. 31 MT). If this is missed, a lawsuit against the airline is usually excluded.
After a decision of the OLG Celle of 06.03.2003 - 11 U 141 / 02 does not need to be signed for damage. An ad by email is sufficient, as it is enough if the airline can print the text. If the flight was not carried out by the booked, but by another airline, it is now possible and sufficient if the display is made to one of the two airlines.
The amount of the compensation claim is limited to "22 Special Drawing Rights per Traveler" in accordance with Art. 2 para. 1131 MT. The official course of the so-called "Special Drawing Rights" is calculated by the International Monetary Fund. Currently (Stand 17 December 2017) this corresponds to an amount of 1.361,03 €.
Replacements are all replacement purchases that the traveler was allowed to make cheap. Which replacement purchases are depends on the circumstances of the case, in particular the purpose of the trip.
Airlines often refuse to pay for replacement purchases. Travelers should not be intimidated by this and should hire a lawyer specializing in travel law immediately. The costs of the lawyer can then usually be passed on to the airline.
Thank you for your great article!