GermanyWho is responsible if my luggage is lost during a flight?
The airline is primarily responsible for lost luggage under the Montreal Convention, but if you booked a package tour, the tour operator may also be liable for resulting travel defects.
What the Law Says
German law defers to international treaties and EU rules for air travel liability. The Montreal Convention — which applies in Germany — sets binding limits and procedures for luggage loss claims against airlines. If your trip was sold as a package tour (Reisevertrag), German package travel law (§§ 651a–651m BGB) adds extra protections — including potential liability of the tour operator when luggage loss substantially impairs your vacation experience.
Under the Montreal Convention, airlines are strictly liable for damage, loss, or delay of checked baggage on international flights (including intra-EU flights). You do not need to prove negligence — only that the luggage was checked, handed over, and not returned.
The airline’s financial liability is capped at 1,288 Special Drawing Rights (SDR) per passenger — approximately €1,519 — unless you declared a higher value at check-in and paid an extra fee. This cap applies to total damages per bag, not per item.
You must report delayed luggage within 7 days of receipt, and lost luggage within 21 days of the date the baggage should have arrived. Missing these deadlines forfeits your right to compensation under the Convention.
What Courts Have Said
German courts recognize that luggage loss isn’t just about property damage — it can undermine the entire purpose of a vacation, especially in package tours.
The Federal Court of Justice confirmed that while the Montreal Convention governs airline liability for lost luggage, a tour operator remains independently liable under § 651c BGB if luggage loss causes a material defect in the package travel experience — e.g., inability to wear appropriate clothing for planned activities, missed events, or prolonged distress affecting enjoyment of the trip.
What to Do
Immediately file a Property Irregularity Report (PIR) with the airline at the arrival airport — get a copy with a reference number.
If luggage is delayed: submit a written claim within 7 days; if lost: submit a claim within 21 days.
If you booked a package tour, notify the tour operator in writing about the impact on your vacation — this preserves your rights under § 651c BGB.
Keep receipts for essential replacement items (e.g., toiletries, clothing) — airlines may reimburse reasonable expenses up to the liability cap.
If the airline denies your claim or offers too little, consult a consumer center (e.g., Verbraucherzentrale) or consider small-claims court — especially for package tour-related losses.
Sources
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JapanNot legal advice. This article is general information based on publicly available sources, written for educational purposes. Laws change and individual situations vary. Consult a licensed attorney in your jurisdiction before acting on anything you read here. Last reviewed: June 2026.