When the Airline Loses Something: A Parent’s Guide to Getting What You’re Owed
Two posts in the Flying and Travelling with Kids Facebook group this week stopped us cold, because both of them capture something that happens to families far more often than it should.
The first: a parent flew Philippine Airlines from JFK to Manila with their child, paid extra for bulkhead seats, and boarded to find that the sink plumbing was leaking. The floor was soaking wet. The area smelled of mould. For sixteen hours. Their daughter’s books were ruined by the end of the flight. The airline offered no compensation. They didn’t offer to move the family. They just let them sit in it.
The second: a parent flew Delta and arrived to find that their two car seats and multiple suitcases simply hadn’t been loaded onto the plane. They were visiting family. They had nothing. No car seats, no clothes, no supplies. They had to immediately go out and buy diapers, formula, wipes, and a change of clothes. Delta’s response? Fifty dollars per day reimbursement.
Two car seats and multiple bags’ worth of belongings. Fifty dollars a day.
Neither of these families did anything wrong. They paid for a service, they handed their gear over to the airline, and the airline failed them. The frustrating part isn’t just that it happened. It’s that both parents clearly had no idea at the time what they were actually owed, and the airlines had absolutely no incentive to tell them.
So let’s fix that. Here’s what the rules actually say, and what to do when this happens to you.
What You'll Find in this Guide
DOT protections for US Travellers
International flights
Flying to or From Europe
Car Seats and Strollers
What to do at the airport
Filing a claim after the fact
When the airlines says “No”
What travel Insurance covers
What to keep in your notes app
FAQ’s
What the rules actually say: DOT protections for US travellers
If you’re flying on a domestic US route, or departing from a US airport on any airline, the US Department of Transportation has your back more than most people realise. For domestic travel, US DOT regulations require airlines to compensate passengers if their bags are lost, delayed, or damaged. The key word there is “require”. It’s not a goodwill gesture. It’s a legal obligation.
As of January 2025, the liability limit for mishandled baggage on domestic US flights sits at $4,700 per passenger. That’s the ceiling for what an airline has to pay out, not what they’ll automatically offer you. Airlines can pay more if they choose, but they won’t go above the limit regardless of how much your stuff was worth.
For delayed bags specifically, airlines are required to compensate passengers for reasonable, verifiable, and actual incidental expenses they incur while their bags are delayed, subject to the maximum liability limit. “Reasonable, verifiable, and actual” is doing a lot of work in that sentence. It means you need receipts. Keep every single one. What the Delta family in our group spent on diapers, formula, wipes, and clothes would absolutely qualify under this standard, and the $50-per-day offer they received was not a legal figure. It was a starting position.
There’s also a newer rule worth knowing about. Passengers who file a mishandled baggage report are entitled to a refund of their checked bag fee if it is not delivered within 12 hours of their domestic flight arriving at the gate, or within 15 to 30 hours of their international flight arriving, depending on the length of the flight. This became a firmer legal requirement from April 2025. So if you paid a bag fee and your bag was significantly delayed, that fee should come back to you automatically once you’ve filed the report.
The DOT also requires airlines to acknowledge consumer complaints within 30 days and send written responses addressing those complaints within 60 days. That applies if you take your complaint to their corporate customer service office after getting nowhere at the airport.
International flights and the Montreal Convention
Once you cross a border, the rules change. The framework that governs international air travel for the vast majority of the world is the Montreal Convention, a treaty that over 140 countries have signed.
The maximum baggage liability for flights covered by the Montreal Convention is currently 1,519 Special Drawing Rights per passenger, which works out to approximately $2,175 USD. Special Drawing Rights (SDRs) are an international currency unit set by the International Monetary Fund, so the exact dollar figure shifts a little with exchange rates. This limit was updated upward in December 2024 following a five-yearly review.
The Convention is the framework that applied to the Philippine Airlines family in our group. Their flight from JFK to Manila is an international journey, so the $4,700 domestic limit doesn’t apply. The Montreal Convention does. And under it, airlines are responsible for repairing or reimbursing a passenger for damaged baggage and its contents when the damage occurs while the bag is under the airline’s control during transportation.
There are two deadlines you absolutely cannot miss under the Montreal Convention, and this is where families lose their claims. You must make claims for damaged baggage within seven days, and claims for delayed bags within 21 days of receiving your luggage. You can claim damages up to two years from the incident, but those early reporting deadlines are strict.
After 21 days without your bags being returned, the Convention deems them lost rather than delayed. That changes how the claim is handled. So the moment your bags don’t appear on that carousel, the clock is running.
The mould and water damage situation is a bit different, because it wasn’t about baggage handling. It was about the condition of the aircraft cabin itself. That falls under a different part of the Montreal Convention and is the kind of case that benefits from a letter to the airline’s legal department rather than a standard baggage claim form. More on escalation below.
Flying to or from Europe: what EU261 adds
EU Regulation 261/2004 is the European framework that covers flight delays, cancellations, and denied boarding. It’s often brilliant for those situations. For baggage specifically, though, EU261 does not directly cover passengers whose luggage has been delayed, damaged, or lost. Baggage protection on European routes comes from the Montreal Convention.
What EU261 does do is sit alongside the Convention and strengthen passengers’ overall rights. EU261 applies to flights departing from any EU airport on any airline, or to flights arriving into Europe on an EU-based carrier. So if you’re flying London to New York on British Airways and your bag is damaged, you have both EU261 protections for the overall flight experience and Montreal Convention protections for the bag itself.
Under EU rules, if your checked luggage is lost, damaged, or delayed, the airline is liable up to approximately 1,300 euros. If your hand luggage is damaged, the airline is also liable if it was responsible for the damage. That figure is the EU’s translation of the SDR limit into euros.
The filing deadlines are the same here: seven days for damage, 21 days for delay. Write those down.
Car seats and strollers: a category of their own
Here’s where it gets complicated for families specifically, because car seats and strollers occupy a strange middle ground in airline policy.
The good news: on almost all major airlines, car seats and strollers can be checked for free and do not count toward your standard baggage allowance, whether you check them at the ticket counter or at the gate. That’s true on US carriers and most international ones. You paid for those items; you shouldn’t be paying again to transport them.
The bad news: most airline contracts of carriage explicitly disclaim liability for damage to strollers and car seats, particularly when they’re gate-checked without a protective bag. United Airlines, Southwest, and others state clearly in their policies that they’re not liable for damage to strollers. That doesn’t mean you have no recourse. It means their first answer will be no, and you need to know how to push back.
Car seats present a specific safety issue that goes beyond the financial loss. If an airline damages or loses your car seat and you don’t have it back in your hands in working condition, you can’t safely transport your child by car at the destination. You need to buy a replacement immediately. Document that purchase, keep the receipt, and claim it as an incidental expense.
There’s also the question of whether a damaged car seat can still be used at all. Most major car seat manufacturers recommend replacing a seat that has experienced any significant trauma. If an airline drops your car seat off a baggage conveyor and it comes back cracked, or the shell is compromised, you shouldn’t use it. Full stop. That matters because it changes your claim from “please fix this” to “please replace this entirely.” The cost of a comparable new car seat is your floor for what you’re owed.
When you hand over a stroller or car seat for gate checking, photograph it. Photograph it from multiple angles before you give it up. Time-stamped photos are your only evidence if it comes back damaged, and baggage agents will not document pre-existing versus new damage on your behalf.
What to do at the airport, right now
The first thirty minutes after discovering a problem are the most important. Everything you do (or don’t do) in that window affects how your claim goes.
Do not leave the airport without filing a Property Irregularity Report, known as a PIR, with the airline. This is done at the airline’s or airport’s baggage service office. Some airlines now let you do this online, but filing in person is better because you can get a physical copy of the form with a reference number on the spot.
When you file the PIR, describe everything precisely. Note what is missing or damaged. If your car seat came back cracked, say it’s cracked. If your stroller’s frame is bent, say so. Vague descriptions (“stroller appears damaged”) give airlines wiggle room to argue about the extent later. Specific descriptions don’t.
Keep all of your travel documents, including your ticket or confirmation, baggage check stubs, boarding pass, and receipts for any out-of-pocket expenses incurred as a result of the mishandling. It’s fine to surrender your baggage claim tags to the airline when you fill out the report at the airport, as long as you get a copy of the form and it notes that you handed over the tags.
If you need to buy emergency items because your bags didn’t arrive, start buying and start saving receipts immediately. This kicks in if your baggage is delayed for a certain time period. It reimburses you for what you have to buy because of the delayed baggage, such as wipes and diapers. Those purchases are real incidental expenses and they’re exactly what the reimbursement rules are designed to cover.
Take photos of any damage as soon as you spot it. If your stroller or car seat came back visibly broken, photograph the damage next to the airline’s baggage tag still attached to the item. That’s important evidence.
Ask to speak to a duty manager or customer service supervisor rather than just the first agent at the desk if you’re getting nowhere. Airport staff have more latitude than they sometimes let on, particularly when it comes to purchasing new safety equipment for children.
Filing a claim after the fact
If you couldn’t resolve the issue at the airport, or if you discovered damage after you got home, you can still file.
For domestic US flights, contact the airline’s baggage claims office or its consumer affairs office directly. Keep a record of the names of the employees you dealt with and hold onto all travel documents and receipts for any money you spent in connection with the mishandling. Send your claim in writing, not just over the phone. Email creates a paper trail. A phone call doesn’t.
For international flights covered by the Montreal Convention, remember those deadlines again: seven days for damage to checked bags, 21 days for delayed bags. These aren’t soft guidelines. If you miss them, the airline’s legal position is that you’ve waived your right to claim. Courts have upheld this. If you get home and realise your stroller is broken and it’s been eight days, write to the airline immediately and explain the circumstances. You may not win on a technicality, but you haven’t tried unless you’ve written.
In your written claim, include the following: your booking reference and flight details, a copy of the PIR you filed at the airport, photographs of the damage or evidence the items were checked in (baggage receipt stubs), an itemised list of what was damaged or lost with estimated replacement values, and copies of every receipt for expenses you incurred because of the mishandling. For car seats, if you had to purchase a replacement, include the receipt for the new seat. State clearly that you’re filing under DOT regulations (for domestic) or the Montreal Convention (for international) and include the specific liability limit as a reference point. Phrases like “as required under 14 CFR Part 254” or “pursuant to Article 22 of the Montreal Convention” let the airline’s claims team know you’ve done your homework.
When the airline's first answer is no
The first offer is almost never the right offer. Airlines are running a numbers game and they know most passengers will accept whatever they’re told. If you’ve filed your claim and the airline’s response is inadequate or non-existent, here’s how to push further. File a complaint with the DOT’s Aviation Consumer Protection Division. The DOT forwards complaints to the airline and requires a written response. They also track complaints to hold airlines accountable. You can do this at transportation.gov. This is particularly useful for US travellers on domestic routes or international flights operated by US carriers.
For flights to or from Europe, you can escalate to the national enforcement body in the EU country where the flight departed or the airline is based. Each EU member state has one. These bodies have real powers to pursue airlines on your behalf, and airlines take them more seriously than individual complaints.
Social media is not something to be embarrassed about using. Airlines monitor their Twitter and Facebook presences closely and public posts often get faster responses than emails that sit in a queue. Be factual and specific, not emotional. Include your booking reference and state exactly what happened and what you’re asking for. Beyond escalating to the DOT, there are third-party services that offer assistance in pursuing baggage claims, though they’ll take a percentage of whatever is recovered. For small claims this might not be worth it. For a significant loss involving multiple pieces of expensive baby gear, it might be.
One option that doesn’t get discussed enough is a credit card chargeback. If your complaint involves non-delivery of service or denied refunds, you can contact your credit card issuer to initiate a chargeback. Provide proof of service failure or refund refusal. This is specifically useful when you paid for something, like a service or a fee, that was simply not delivered. The excess luggage fee you paid for seats that turned out to be flooded with mouldy water, for example. The checked bag fees from a flight where your bags never made it onto the plane. A chargeback doesn’t cover all baggage losses, but it’s a legitimate tool for documented non-delivery of a purchased service.
Small claims court is always an option too. The amounts involved in family baggage claims are often well within small claims limits. Airlines don’t love showing up for small claims, and sometimes the threat alone moves things along.
What travel insurance covers
Travel insurance is the backup plan, not the first resort. You claim from the airline first. Travel insurance generally pays out on what’s left.
Most comprehensive travel insurance policies include baggage and personal effects coverage. If equipment like a stroller or bassinet is lost, damaged, or stolen while you’re travelling, a travel insurance plan can reimburse you for the actual cash value, repair, or replacement, whichever is less, up to your coverage limits.
The range of coverage varies enormously. Some plans cover as little as $500 for baggage loss, which won’t cover expensive baby equipment. Some plans, like World Nomads’ Explorer plan, offer much more generous baggage coverage for families. Read the small print before you travel, not after.
Most policies have a baggage delay benefit too. This kicks in after a set delay period (typically 12 to 24 hours) and covers replacement purchases. That’s precisely what the Delta family in our group needed: coverage for the diapers, formula, and clothes they had to buy immediately.
There are always exclusions. Electronics are often limited to a specific sub-amount within the overall baggage limit. Items left unattended can be excluded from theft claims. And most policies are secondary to the airline’s liability, which means they pay what the airline doesn’t. Keep your PIR and all correspondence with the airline because your insurer will ask for it when you claim.
If your homeowner’s or renter’s insurance covers personal belongings worldwide (some do), that policy may also come into play for lost or stolen items. Worth checking before you travel.
The short version: what to keep in your notes app
Before you travel with baby gear, do these things:
Photograph your car seat and stroller from multiple angles at home, then again at the airport before you hand them over. The second set of photos needs to be timestamped.
Keep a copy of your baggage receipts in your email or a photo on your phone. You can’t make a claim without them.
At the destination, if anything is wrong, go straight to the airline’s baggage desk before you leave the arrivals hall and file a Property Irregularity Report. Get a copy with a reference number.
Save every receipt for everything you buy because your bags are missing or damaged. Diapers, formula, clothes, a replacement car seat, a rental stroller. Every single one.
For damaged bags or gear: you have seven days to write to the airline if you’re on an international flight covered by the Montreal Convention. For delayed bags, you have 21 days from when you finally get them back.
For domestic US flights, your liability ceiling is $4,700 per passenger. For most international flights, it’s around $2,175 USD under the Montreal Convention. Those are maximums, not automatic payouts. You have to claim.
If the airline’s offer is too low, write back and say so, citing the regulation by name. If they still won’t budge, file with the DOT or your national aviation regulator. Then consider your credit card, your travel insurer, and if necessary, small claims court.
You’re not being difficult. You’re claiming what the law says you’re owed.
