The baggage carousel is empty, and your suitcase is nowhere to be seen. Your first thought is, "I've got a hundred thousand dollars worth of stuff in there." The second thought, usually once you're home, is that the law sees things quite differently.
Let's break down the Air Code: what the carrier is responsible for, how much they owe, and within what timeframe you need to act to receive it.
Compensation is calculated by weight
This is the main point, and it surprises almost everyone. Article 119 of the Air Code establishes the limit of liability for baggage accepted without declared value: in the amount of its value, but not more than six hundred rubles per kilogram of weight.
So, a 20-kilogram suitcase is a maximum of twelve thousand rubles, no matter what's inside. A laptop, a camera, gifts - the weight is counted the same.
The rule for carry-on luggage is different: its cost is reimbursed, and if the cost cannot be determined, then no more than eleven thousand rubles.
How to get more
There's only one way, and you can only use it before departure: check your luggage with a declared value. Then, if it's lost, they'll reimburse you the declared value, not a per-kilogram calculation.
An additional charge is levied for this, the amount of which is determined by the carriage contract. It makes sense when the suitcase actually contains something worth more than six hundred rubles per kilogram: electronics, tools, equipment.
The rule is simple and unpleasant: expensive items are not checked in as luggage. If an item costs more than the entire suitcase itself, it belongs in your carry-on.
What the carrier is responsible for and what they are not
Article 118 divides two situations.
Baggage. The carrier is liable from the moment of acceptance for carriage until delivery. The carrier can be relieved of liability only by proving that all necessary measures were taken to prevent damage or that such measures could not have been taken.
Hand luggage. The carrier is liable here unless they prove that the loss or damage occurred due to circumstances they could not prevent, or due to the passenger's intent.
The practical difference is: with checked baggage, the carrier must prove your innocence, not you.
Deadlines that cannot be missed
Here, domestic and international flights diverge significantly, and confusion is costly.
Domestic flight. A claim can be filed within six months. The period is counted from the date of the event that gave rise to the claim.
International flight. Strict deadlines. In case of shortage or damage to luggage, a claim must be filed no later than seven days from the day of receipt of the luggage. In case of delayed delivery, it must be filed within twenty-one days from the day the luggage was handed over to you.
And separately: if baggage is not delivered within twenty-one days of the date it should have arrived during international carriage, the passenger is entitled to claim it as lost.
The carrier has the right to accept a claim even after the deadline if they deem the reason for missing it to be valid, but you shouldn't count on it.
What you need to submit a claim
The passenger or their authorized representative has the right to file a claim upon presentation of the baggage check or commercial report. This is Article 125.
The only thing you need to do right at the airport without delay is to get a document from the airline representative stating that your luggage did not arrive. Without this paper, further discussion will not proceed, and it's difficult to get it retroactively.
Don't throw away the baggage claim check either—the one that's on your boarding pass—until the end of the story.
If the suitcase arrived damaged
The rules are the same as for loss: Article 119 talks about "loss, shortage, or damage (spoilage)" in one list. This means a broken suitcase is accounted for the same way—by weight and with the same ceiling of six hundred rubles per kilogram, if the value was not declared.
The only difference is in the deadlines for international flights: a claim for damage or shortage is filed from the moment of discovery, but no later than seven days from the date of baggage receipt. Therefore, it's better to discover it immediately at the airport rather than at home a week later.
International flights operate under different rules.
A separate reservation that's useful to know in advance. Paragraph 4 of Article 118 directly refers to international treaties: the grounds for the carrier's liability for baggage in international carriage are determined by them, and not solely by the Air Code.
Practical takeaway: if the flight is international, the compensation limit might be calculated differently, and you'll have to deal with the specific terms of carriage. The Russian six hundred rubles per kilogram applies to domestic flights.
Airport Procedure
First. Do not leave the baggage claim area. Go to your airline's baggage claim desk and file a missing baggage report.
Second. Check that the flight, date, your contact information, and suitcase description are correctly recorded in the document. This is what they will use to search for it.
Third. Look at the flight type. For international flights, you have seven days to claim damage and twenty-one days for delays. For domestic flights, you have six months.
Fourth. Estimate the weight of the suitcase. This will determine the compensation ceiling, not the cost of the contents at all.
