Learn your rights if an airline loses or damages your bags.
Domestic flights
For flights within New Zealand:
The airline generally has to pay for loss or damage to checked baggage up to $2,000 per item or bag under the Contract and Commercial Law Act 2017 (CCLA), unless a different contractual arrangement applies, .
You normally have 30 days to make a claim, although the airline’s contract or conditions of carriage may specify a shorter timeframe (for example, in some cases, Jetstar requires notification within 3 days).
Most airline contracts say you can’t claim for damage caused by the contents of the bag, your packing or a fault in the bag’s construction.
If your baggage is delayed but later returned, you can still ask the airline to reimburse you for reasonable costs caused by the delay.
If your domestic flight is one leg of an international itinerary, it counts as an international flight and is covered under the Montreal Convention.
Domestic flights within another country (for example, flying from LA to New York) are covered by that country’s consumer and aviation laws.
How our colleague got a free new suitcase
When Abby’s usual suitcase came out on the conveyer belt in Christchurch, a big chunk of the hard casing was missing from one corner, and a wheel had broken off so she couldn’t pull it anymore.
International flights
For flights between New Zealand and another country:
The airline generally has to pay for loss or damage to checked baggage up to 1,519 Special Drawing Rights (about $3,700 per passenger, depending on exchange rates) under the Montreal Convention.
You can’t claim for damage caused by the contents of the bag, your packing or a fault in the bag’s construction.
If your baggage is delayed but later returned, the airline only has to cover the cost of essential items. Typically, airlines don’t accept liability for additional losses you might incur as a result of your baggage being delayed, like missed events.
You have to make a written complaint to the airline within 7 days for damage and within 21 days for loss or delay.
TIP: Stuck in transit? Baggage gone walkabout? Your travel insurance may provide greater coverage than the airlines. For instance, some comprehensive policies cover lost and unrecoverable baggage up to $30,000. See our travel insurance guide for more information.
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