Lost luggage: that situation that no one wants to go through, but if it happens, know what to do

Who has never had butterflies in their stomach after getting off the plane and waiting for their luggage to arrive? The treadmill runs and nothing appears. Naturally, the thought that comes to mind is: what if my luggage got lost? For many, this can mean the end of the pleasure of a long-awaited trip.

According to Assist Card, a comprehensive assistance company for travelers, the assistance rate per bags lost or misplaced on international flights grew by around 444% from January to November 2022, compared to the same period in 2021. Europe leads the requests for assistance, with more than 40%. South America (30%) and the United States (22%) come next.

What to do when your luggage is lost?

Checked baggage is responsibility of the airlines. According to Resolution 400 of the National Aviation Agency (Anac), if the passenger has lost luggage, the fact must be immediately communicated to the company. Such communication must be made at the counter of the airline or its representative, preferably in the arrivals hall or in a place indicated by it.

To make your claim, you must present proof of baggage dispatch at the counter of the airlines. It is also there that the passenger must fill in the Baggage Irregularity Report to start the search procedure.

What are your rights?

Still according to Anac regulations, luggage may remain in the condition of being lost for a maximum of 7 days, in the case of domestic flights, and 21 days, in international flights. Being in this situation, the passenger will be entitled to receive from the airline a reimbursement for emergency expenses for the period in which he is without his belongings.

“The daily reimbursement limits must be defined by the airlines, which must make the payment within seven days of the presentation of the vouchers by the passenger. This usually varies from R$ 300 to R$ 1300. But it is worth noting that this emergency aid will only be given to those passengers who are outside their homes “, explains Carmem Lilian Bosque, lawyer and partner at Bosquê Advogados.

“If the luggage is not found and delivered within the indicated period, the company must indemnify the passenger. The amount of this indemnity is established by ANAC and must also be paid within a determined time”, he adds.

In the case of luggage that arrives in bad conditions, the passenger must contact the airline to report the fact as soon as he finds the problem, preferably still in the arrivals hall. This communication, in writing, may also be registered with the company within 7 days after receiving the damaged or violated luggage.

In cases of damage, the airline must repair the damage to the luggage or replace the luggage with an equivalent one. In case of violation, once the damage suffered is proven, the company must pay the corresponding compensation to the passenger.

Still according to the lawyer, the passenger who still feels aggrieved can file a lawsuit for moral damages against the companies. This involves both situations and values ​​that he considers he has lost.

“Imagine that a passenger traveled to a wedding and had her luggage lost. In it, there was the dress from the party, the shoe and the bag, for example. Without his suitcase, this consumer had the inconvenience of having to solve this problem. In these cases, there is the possibility of filing a lawsuit for moral damages and the decision will vary from trial to trial”, says the lawyer.

It is worth mentioning that all airlines must follow the procedures established by ANAC. The vast majority of them provide information and contact channels in case this problem happens with your luggage.

Tools available to help locate your suitcase

Today, in addition to the solutions provided by airlines and rights guaranteed to consumers, there are also options for applications and services that help with locating luggage.

THE SmartTag, from Samsung, and the AirTag , from Apple, are devices that can be purchased and attached to objects such as keys, backpacks and suitcases. They work even with appliances offline, and through the respective applications, users are able to locate their belongings. They can be purchased individually on the brands’ websites and can only be used on iOS systems, in the case of AirTag, and Android, in the case of Samsung.

Finally, there are insurance policies that cover lost luggage. This won’t make you recover your belongings, but it may soften the possible financial damage you will have.

Assist Card, for example, created an exclusive product to locate lost luggage so as not to depend 100% on airlines. The customer, when contracting any of the travel insurance offered by the company, is entitled to “Find My Bag” .

The first step to start the baggage recovery process is to immediately file a case with the airline. When opening the claim, a protocol known as PIR will be provided. This number must be informed to Assist Card within a maximum of 24 hours after the loss of luggage. Only with the PIR is it possible to start the search process.

“This product aims to find lost luggage within 96 hours of opening the claim. If the item is not found within the period, the insured is compensated for the amount contracted in the policy. Mainly now in the high season when luggage loss is more recurrent, this product is highly recommended”, explains Alexandre Camargo, Country Manager Brazil at AssistCard.

What to do to alleviate the problem?

Some actions can be taken in advance so that your trip is not so affected if your bag is lost. Of course, it won’t avoid the fact, but it can mitigate its losses. Are they:

• Take in your hand luggage essential items for your stay such as: medicines, personal hygiene products, at least one change of clothes, and valuable objects such as money, jewelry and electronic items.
• If you are traveling for a special occasion, such as a wedding, take your special clothes with you.
• Many companies are not responsible for the loss or damage of objects. One solution, available on some airlines such as AirEuropa and Latam, is to fill out an Inventory Declaration Form with the items that will be in the checked bag. If you are going to send something very valuable, make sure this is possible with the chosen airline. At Latam, for example, the customer must appear in advance and in possession of the documents required in the transport contract limited to the amounts stipulated in the Montreal Convention. It is necessary to verify the declared values.
• Personalize your luggage in a unique way, with ribbons and stickers, to avoid exchanges when collecting bags on the conveyor belt.
• Keep the locator delivered at the check-in counter in a safe place. Without it, locating your belongings may be difficult.
• Take a photo of your luggage before checking in.
• Use devices available on the market for tracking luggage.