Lost or Damaged Baggage Issue: What to Do and Compensation
Baggage issues on flights, whether carry-on or checked, are more common than we think
According to ANAC, in 2022 alone, 11,094 complaints were registered related to baggage problems, with damage and loss of baggage being the top two reasons. In this article, we will detail what to do if you have had any problem with your baggage.
Lost or Misplaced Baggage: What Are Your Rights?
Just like in cases of flight cancellations, delays, and overbooking, the law that supports cases of baggage loss is ANAC Regulation No. 400. This regulation is the official document on general air transport conditions, where all rights and duties are defined in extraordinary cases, which, of course, includes lost or misplaced baggage.
In cases of baggage loss, it is the airline's duty to return the lost baggage to the location indicated by the passenger. See the deadlines the airline has for this return:
| Flight Type | Deadline |
|---|---|
| Domestic Flights | 7 Business Days |
| International Flights | 21 Business Days |
Important! If loss is confirmed, the passenger must immediately file a complaint with the carrier STILL WITHIN THE AIRPORT. The company must facilitate the RIB to the passenger: Baggage Irregularity Report.
What to Request as Compensation for Lost or Misplaced Baggage?
When the loss is confirmed and the deadlines expire without a favorable outcome for the passenger, it is time to request compensation for lost or misplaced baggage. But before discussing the amounts, it is important to know what we can request as compensation.
If your baggage is not found, you are entitled to reimbursement for any expenses incurred if you are away from your domicile. In other words, if your baggage is lost or misplaced during a trip, where the segment where the baggage was lost is different from your tax residence or natural domicile, the company is obliged to reimburse the expenses generated by the loss. See what is considered as incidental expenses:
Essential Items
Clothing, personal hygiene products, and even a temporary cell phone.
Transportation to Retrieve Baggage
Travel to the airport or delivery point to retrieve the lost luggage
Baggage Fees
If you had to pay extra for baggage (excess baggage fees, for example), the company is required to refund that amount if your luggage is lost.
Important! If loss is confirmed, the passenger must immediately file a complaint with the carrier STILL WITHIN THE AIRPORT. The company must facilitate the RIB to the passenger: Baggage Irregularity Report.
What is the Compensation Amount for Lost Baggage?
There are two different cases for requesting compensation for lost or misplaced baggage: compensation for loss and reimbursement of expenses. Although it is confusing, we must consider that we do not always have extra expenses due to this misfortune, so it is important to separate the two cases.
In the first case, the amount to be paid to the passenger is 1,131 DES for domestic flights and 1,288 DES for international flights. In Brazilian reais, the maximum possible total compensation, as of 05/2024, is R$ 7,494 for domestic flights and R$ 8,534 for international flights.
DES is the abbreviation for 'Special Drawing Rights,' a type of currency created by the IMF and used for international cases, with its value varying daily. Currently, one DES is equivalent to R$ 6.626.
You are probably wondering: do all cases of baggage loss pay the same compensation amount? And the answer is NO. Usually, the company requests an inventory of the items that were in the baggage. Based on this inventory, a final value is determined, and if both parties agree, the compensation is paid. If they do not agree, it may be necessary to file a lawsuit against the company.
If the airline does not accept the amounts proposed in the inventory, we recommend that the passenger seek professional help. Iklaim's services will only be charged if you win the case. We are at your disposal!
The second case - reimbursement of expenses - is a bit more straightforward, as the passenger must prove the expenses incurred due to this loss. In other words, it is essential to keep all and any documents such as invoices, payment receipts, tickets, or bills for extraordinary purchases. Failing to do so risks the passenger's request being denied due to lack of proof.
The reimbursement amounts are identical to the compensation: R$ 7,494 for domestic flights and R$ 8,534 for international flights.
What Happens if My Lost Baggage Contains High-Value Items?
In exceptional cases, such as carrying high-value items, ANAC recommends that the passenger declare the values of these objects to the airline at check-in. By doing so, if your baggage is lost, the company must compensate the passenger according to the declared value.
Airlines must have the passenger's permission to inspect the contents of the declared baggage and, in some cases, may deny that baggage or charge an additional fee based on the declared value.
Therefore, avoid checking in high-value items—whether financial or emotional—in your checked baggage to prevent future headaches. Jewelry, money, electronics, and artwork are the main items to consider before checking in your bag.
Where to Complain About Baggage Loss?
It is essential that the passenger complains about the missing baggage while still at the airport. There are specific places where you can find the airline representatives responsible for handling cases such as lost baggage and damaged luggage. See where to complain about your lost baggage:
Airline counter at the airport
Representative airline desk
Airport lost and found desk
Don't forget to request the Baggage Irregularity Report (RIB). This document is proof that the airline acknowledges the incident with your baggage and it is mandatory for the company to provide it to all passengers who request it (and have a valid baggage receipt).
Always keep your baggage receipt—the tag given by the airline when checking in your bag—until the end of the trip. It will be essential and indispensable if your baggage gets lost.
How to Recover a Lost Baggage?
The passenger has no power to recover their lost or misplaced baggage. The airline is solely responsible for transporting the baggage of all passengers on the flight and, unfortunately, if the baggage is lost, we must rely on the company's services to recover it.
As mentioned earlier, the company that loses your baggage has up to 7 business days to recover it and send it to a domicile previously provided by the passenger (21 business days for international flights). If it cannot be done, the airline will be obliged to pay compensation to the passenger.
What Happens if the Baggage Appears After the Deadline?
It is rare, but it can happen that the company finds the lost baggage after the deadline stipulated by ANAC Regulation No. 400. In these cases, it will depend on the company's policy what will be done with the baggage, which may even be returned to the passenger without any financial loss. On the other hand, the company may also dispose of the baggage without having to notify the passenger.
Due to the volume of baggage and the space reserved to store them, it is very likely that, from time to time, the company will incinerate found baggage that has not been returned to their owners. It is sad, but it can happen.
Tips to Avoid Having Your Baggage Lost or Misplaced
We know it is very difficult—almost impossible—to predict when a company will have problems with your baggage, but it is always good to reduce the risks so that, if it happens, the passenger is not completely unprepared. With new technologies, more and more passengers can help companies locate their baggage.
| Tip | Reason |
|---|---|
| Wrapping Service | In addition to increasing the security of your baggage items, wrapping companies also offer a special baggage tracking service. |
| Tracking Tags | It is increasingly common to attach tracking tags to travel bags. These tags usually come with apps that allow you to track your baggage in real time. |
| Label Your Baggage | Use something distinctive to differentiate your baggage from others (bright-colored ribbons, locks, stickers, etc.). This tip is especially useful for common-looking bags (all black, for example). By doing this, we prevent others from confusing and taking our bags. |
O que fazer se a minha mala foi danificada ou avariada?
É mais comum do que imaginamos e é sempre uma dor de cabeça encontrar a nossa mala em um estado diferente do que nós deixamos quando despachamos a nossa bagagem. Durante o trajeto das esteiras do guichê (ainda no aeroporto) até o porão do avião, as nossas malas passam por várias etapas logísticas e em muitos casos ocorrem problemas. E o mais comum desses problemas é o de bagagem danificada.
Quando despachamos nossa bagagem e há algum dano visível na mala, a empresa pode pedir ao passageiro que assine um termo de responsabilidade e ciência do estado da mala antes de que essa seja despachada. Essa ação faz com que a empresa se proteja em casos de reclamações indevidas (danos ocorridos anteriormente).
Caso a sua bagagem tenha sido realmente danificada durante o voo, a companhia aérea é a responsável pelo transporte e, consequentemente, pelo estado no qual a mala se encontra. O passageiro tem 7 dias para reclamar ao transportador sobre o estado da sua bagagem. Uma vez recebida a reclamação, o transportista possui um prazo de 7 dias para tomar uma das possíveis providências. Veja a lista abaixo:
Reparar a avaria, quando possível;
Substituir a bagagem avariada por outra equivalente;
Indenizar o passageiro no caso de violação (limite de 1.131 DES)
Where to Complain About Damaged Baggage?
Preferably, the passenger should approach the airline to complain about the damage while still within the airport, in the arrival hall. It is the airline's obligation to have a representative—regardless of the time—present during the arrival.
If not, there are also possibilities to file the complaint online, but there is a likelihood of a negative response from the company since the passenger left the airport and may have damaged the baggage elsewhere. However, according to Regulation No. 400, the passenger has up to 7 days to report the damage to their baggage to the company.
In any case, always protect yourself by taking photos and even recording videos of your damaged baggage, proving that it was still in the arrival hall and that the baggage was not tampered with. If you have already left the airport, take photos as soon as possible. Often, we cannot or do not have time to complain immediately, and this provides proof that, although you knew in time, you could only file the complaint after a certain period (always before 7 days!).
What to Do If My Baggage Was Tampered With or Stolen?
Among all baggage situations, this is the most dangerous, as there was tampering without the passenger's consent. When this happens, it is extremely important that the baggage is not handled by the passenger and that the authorities—either at the airport or the airline itself—are contacted and notified immediately. By doing this, the passenger ensures their integrity in the face of the baggage tampering or theft situation.
Currently, cases of baggage tampering have been widely covered by the media, as there are instances where passengers had to respond criminally and, after several days, authorities were able to prove that the baggage's contents were handled by internal airport workers. However, passengers could only have their version validated after going through the humiliating situation of being arrested.
To prevent your baggage from being tampered with, we recommend taking photos of the baggage before checking it in, using TSA locks, and packing the baggage at the airport or at home. This way, we minimize the chances of having problems with theft or tampering of our baggage.
According to Protec Bag, the average price for packing baggage is between R$100 and R$220. In cases of tampered baggage, once the damage is proven, the passenger must file a complaint with the carrier within 7 days of receiving the baggage, and the carrier must—within 7 days—take one of the following actions, depending on each situation:
Repair the damage, when possible;
Replace the damaged baggage with an equivalent one;
Compensate the passenger in cases of tampering (limit of 1,131 DES)
What Can and Cannot Be Transported in Baggage?
Often we are in another country and when checking in the baggage or going through security, we receive the unpleasant news that something in our baggage is not allowed to travel because, in that specific country, it is prohibited due to certain restrictions. This happens because transportation rules are defined by each region/country. For example, on domestic flights, we can carry more than 100ml of liquids in our carry-on bags, whereas on international flights, we cannot.
According to the transport contract, the carrier reserves the right not to be responsible for any damage caused to fragile items checked in.
Sports and Leisure Articles
Firearms and Bladed Weapons
Electronics and Batteries
Tools and Utensils
Matches, Lighters, Flammables, and Explosives
Personal and Consumer Items
Medical Needs
| Item | Checked Baggage | Carry-On Baggage | Additional Information |
|---|---|---|---|
| Pressure weapons powered by air and gas or by spring action | Rebook the passenger on the same airline without additional cost | ||
| Camping fuel (propane, naphtha, solid fuel, stoves containing fuel, among others) | Does not include lithium-ion or lithium metal batteries. | ||
| Blunt, pointed, or cutting martial arts equipment | Meal or cash/meal voucher when cancellation results in passenger waiting for a new flight for 3 hours or more | ||
| Weights for use in physical exercises and physiotherapy. Ex: bars, dumbbells, and weight plates | Free hotel accommodations for any passenger affected by a night cancellation | ||
| Baseball, polo, golf, hockey, pool, and billiard bats | Cash compensation when a cancellation results in the passenger waiting for 3 hours or more from the scheduled departure time | ||
| Avalanche rescue backpack |
|
ANAC's list is extensive, so we will not mention all items but rather the main ones in each transportation category for domestic flights:
Dangerous Articles: What Are They and Why Are They Classified as Dangerous?
In the world of air transport, an article can be common—such as clothing, daily electronics, etc.—or it can be a dangerous article, which implies being an item that requires special attention.
Dangerous articles are substances or materials that, due to their characteristics, can pose significant risks to flight safety, the health of people on board, and the environment. These substances are classified as dangerous due to various factors, including flammability, toxicity, chemical reactivity, radioactivity, among others.
ICAO is a specialized agency of the United Nations dedicated to regulating and standardizing international civil aviation.
It is essential that regulations are followed to minimize any type of risk, whether to the people on board or to potential accidents. The International Civil Aviation Organization (ICAO) establishes international guidelines and regulations for the safe transport of dangerous articles by air.
See the main dangerous articles and their characteristics and reasons why they are identified as dangerous:
| Dangerous Article | Reasons for Danger |
|---|---|
| Flammable Liquids | Can easily catch fire under normal conditions. |
| Compressed Gases | Stored under pressure, can explode or leak, causing fire or asphyxiation risks. |
| Toxic Materials | Can be poisonous if inhaled, ingested, or come into contact with skin. |
| Radioactive Materials | Emit radiation that can be harmful to human health and the environment. |
| Sharp or Cutting Objects | Can cause injuries and damage to people and equipment on board. |
| Oxidizing Materials | Can accelerate the combustion of other materials, contributing to fires or explosions. |
| Explosives | Can detonate or explode, causing severe damage or destruction. |
ANAC's list is extensive, so we will not mention all items but rather the main ones in each transportation category for domestic flights:
Quais companhias aéreas autorizadas para transportar artigos perigosos?
Transportar artigos perigosos é uma função dedicada a poucas empresas. Devido o grau de risco que leva esse transporte, restringir a quantidade de operadores a realizar deslocamentos de artigos e objetos excepcionais é uma das medidas de segurança que se foi imposto pelo governo. Atualmente, o transporte de artigos perigosos - por via aérea - é dividido em 2 blocos de operadores: Operadores certificados pelo RBAC 121 e pelo RBAC 135. Abaixo, listamos cada um desses operadores especificados pelo certificado que possui:
| Operadores certificados pelo RBAC 121 | SIGLA | Razão Social | CNPJ |
|---|---|---|---|
| LATAM AIRLINES BRASIL | TAM | TAM LINHAS AÉREAS S/A | 02.012.862/0001-60 |
| TOTAL | TTL | TOTAL LINHAS AÉREAS S.A. | 32.068.363/0001-55 |
| AZUL LINHAS AÉREAS | AZU | AZUL LINHAS AÉREAS BRASILEIRAS S/A | 09.296.295/0001-60 |
| VOEPASS LINHAS AÉREAS | PAM | TRANSPORTES AEREOS LTDA | 10.483.635/0001-40 |
| LATAM CARGO BRASIL | LTG | ABSA AEROLINHAS BRASILEIRAS S/A | 00.074.635/0001-33 |
| GOL LINHAS AÉREAS | VRN | GOL LINHAS AÉREAS S/A | |
| MODERN LOGISTICS | MWM | MODERN TRANSPORTE AÉREO DE CARGA S/A | 03.887.831/0001-15 |
| SIDERAL | SID | SIDERAL LINHAS AÉREAS LTDA. | 10.919.908/0001-57 |
| Operadores certificados pelo RBAC 135 | CNPJ | Telefones | |
|---|---|---|---|
| AEROTOP TÁXI AÉREO LTDA | 06.180.439/0001-20 | (96) 3223-2319 | [email protected] |
| AMAZONAVES TÁXI AÉREO LTDA | 03.090.756/0001-67 | (97) 3343-2729 | [email protected] |
| AZUL CONECTA | 04.263.318/0001-16 | (11) 4582-2355 / (11) 98743-3988 | [email protected] |
| AZUL LINHAS AÉREAS BRASILEIRAS S.A. | 09.296.295/0001-60 | (21) 98100-8651 / (11) 4831-1256 | [email protected] |
| BRISTOW TÁXI AÉREO S/A | 15.209.117/0001-57 | (21) 3570-8800 / (21) 3235-0950 | [email protected] [email protected] |
| CHC DO BRASIL TÁXI AÉREO S.A. | 67.750.463/0001-41 | (21) 2189-0050 | - |
| CTA - CLEITON TÁXI AÉREO LTDA | 04.984.400/0001-30 | (92) 3654-6428 | [email protected] |
| EMAR TÁXI AÉREO LTDA | 04.155.548/0001-61 | (22) 2772-2715 | [email protected] |
| HELIMARTE TÁXI AÉREO LTDA | 03.330.048/0001-56 | (11) 2221-3200 | [email protected] |
| HELISUL TÁXI AÉREO LTDA | 75.543.611/0001-85 | (45) 3529-7474 | [email protected] |
| HERINGER TÁXI AÉREO LTDA | 06.933.485/0001-52 | (99) 3525-3009 | [email protected] |
| LÍDER TÁXI AÉREO S/A AIR BRASIL - UOH | 17.162.579/0012-44 | (31) 3490-4658 | [email protected] |
| OMNI TÁXI AÉREO S/A | 03.670.763/0001-38 | (61) 98335-3444 | [email protected] |
| PEMA - PEREIRA E MACHADO TÁXI AÉREO LTDA | 04.622.892/0001-13 | (94) 3343-1233 / (94) 3343-1333 | [email protected] |
| PIQUIATUBA TÁXI AÉREO LTDA | 07.326.869/0001-70 | (93) 3522-4030 | [email protected] |
| RIMA - RIO MADEIRA AEROTAXI LTDA | 04.778.630/0001-42 | (69) 3225-8000 | [email protected] |
| VOARE TÁXI AÉREO LTDA | 00.581.615/0001-59 | (95) 99164-5549 / (95) 99144-5548 | [email protected] |
Conhecer os seus direitos é fundamental para saber como proceder em casos de perda, avaria ou violação da sua bagagem. Caso ainda tenha alguma dúvida ou quer entrar com uma reclamação diretamente com a empresa aérea, não hesite em contar com a Voo Meu. Estamos aqui para ajudar!