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Consumer6 min read

The Baggage Did Not Arrive: What Can You Buy at the Airline’s Expense, and When Can You Claim Compensation?

A missing bag does not give a passenger an unlimited shopping budget, but it may justify reimbursement for necessary and reasonable expenses until it arrives. A strong claim begins with the airport report, details of the purchases, and receipts proving every shekel spent because of the delay.

Numbers and facts
  • •21 days until an unreturned bag is treated as lost.
  • •21 days to submit a written complaint about the delay after receiving the bag.
  • •NIS 5,000 in compensation for distress in Case No. 8456/19.
  • •February 14, 2017: the date the bag was returned in the case, one day before the return trip.
  • •1,288 Special Drawing Rights: the limit cited in one of the sources, with a note that it is updated periodically.

Do Not Leave the Airport Before Filing a Report

Immediately go to the baggage services desk, file a report for the bag that did not arrive, and keep the file number. Record a description of the bag, the baggage tag number, the flight information, and the address where you are staying, and retain your boarding pass and correspondence with the airline. Failure to file a report does not automatically invalidate the claim, but it may make proving that the bag did not arrive on the flight much more difficult. When the bag is returned, record the date and time of delivery, because the deadline for submitting a written complaint about the delay is calculated from the day you receive it.

What Can You Buy While Waiting?

The standard is not what you would like to buy, but what was necessary and reasonable because your bag was missing. Examples include underwear, a shirt or basic clothing, toiletries, and necessary medications; the extent of the purchases depends on the duration of the delay and the circumstances of the trip. Buying a new wardrobe or luxury products may result in part of the claim being rejected even if receipts are provided. The materials do not establish a fixed daily amount binding on all airlines, so every expense should be linked to an actual need caused by the delay.

Receipts Matter More Than Describing the Distress

Ask for an itemized receipt showing each item and its price, not merely a credit card payment notification. Also retain photographs of the purchases, messages from the airline, call records, and any evidence of an activity you missed or an additional expense caused by the absence of the baggage. Submit an organized written claim that includes the report number, the dates of the delay, a list of expenses, and copies of the receipts. A common mistake is to submit a total amount without explanation or to discard the receipts after the bag arrives.

When Is the Bag Considered Lost?

If the bag is not delivered within 21 days from the date on which it should have arrived, it is treated as lost, as it is if the airline acknowledges its loss before then. The claim may then cover not only purchases made during the waiting period, but also the proven value of the bag and its contents. The original invoice is not the only possible evidence, but photographs and lists of the contents and proof of purchase help estimate their value. There is one liability limit per passenger, covering all damages from delay, loss, or damage, rather than a separate amount for each item.

Compensation Is Neither Automatic Nor Unlimited

The Montreal Convention governs liability for baggage on international flights covered by it and was incorporated into Israeli law through the Carriage by Air Law, 1980. Article 19 provides that the carrier is liable for damage caused by delay, while allowing an exemption if it proves that it took all reasonable measures to prevent the damage. Article 29 also makes the claim subject solely to the Convention’s conditions and limits, which cannot be exceeded merely by characterizing the action as contractual or tortious. Research materials cite different limits because Special Drawing Rights are periodically updated, so the applicable limit and the date of the flight should be checked instead of relying on an outdated dollar amount.

Does Compensation Cover Distress and Inconvenience?

Yes, Israeli courts may recognize non-pecuniary damage such as distress and inconvenience, but it is not a fixed amount paid merely because a bag was delayed. In Case No. 8456/19, the Supreme Court upheld the possibility of compensation for emotional harm resulting from delayed baggage, treating it as compensation rather than a penalty. In that same case, the bag arrived on February 14, 2017, one day before the travelers returned, after having been missing since January 28, and NIS 5,000 was awarded for distress. The court considers the duration of the delay, the airline’s conduct, the passenger’s efforts to mitigate the damage, and the actual effect on the trip, while the total compensation remains within the Convention’s limit.

FAQ

Will the airline pay for any clothes I buy?

No. The strongest claim is for necessary and reasonable basic clothing and other essential items during the delay. Luxury purchases or quantities disproportionate to the waiting period may be rejected.

What should I do if the bag arrives after several days?

Keep a record of the delivery date and submit a written complaint to the airline within 21 days of receiving the bag. Attach the airport report, baggage tag, itemized receipts, and a brief explanation of why each expense was necessary.

Do I need receipts for the contents of a bag that was permanently lost?

Receipts strengthen the evidence, but they may not be the only available documentation. You can collect photographs of the bag and its contents, proof of purchase, payment statements, and an accurate list of the items and their value rather than relying on a general estimate.

Do I automatically receive compensation for distress?

There is no automatic or uniform amount. Israeli case law permits compensation for non-pecuniary damage, but the court examines the duration of the delay, its actual effect, and the conduct of both parties, and the compensation remains subject to the Convention’s overall limit.

Should I make the claim against the airport or the airline?

A baggage claim should be directed to the operating airline, while the report should be filed with the baggage services desk at the airport. Keep the file number even if the desk is operated by a ground-handling company.

What to do next

File a report before leaving the airport, photograph the baggage tag, and buy only necessary items with itemized receipts. After the bag arrives, submit the written claim without waiting for the 21-day deadline to expire; if it does not arrive within 21 days, prepare a documented list of the bag and its contents. Also check the terms of your travel insurance policy, as it may provide an additional route separate from the claim against the airline.

Sources

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Case analysis based on court rulings

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