Bag delayed? Work out when the fee refund is owed — and what a lost bag is worth
The short answer
On a domestic US flight, 14 CFR § 254.4 forbids an airline from limiting its liability for lost, damaged or delayed baggage to less than $4,700 per passenger, while an international itinerary is capped instead at 1,519 Special Drawing Rights under article 22(2) of the Montreal Convention. Neither figure is a payout — you recover only provable direct and consequential damages up to whichever ceiling applies, so the claim rests on itemising the contents and evidencing their value — and the fee you paid to check the bag is refundable separately under 14 CFR § 260.5 once delivery passes 12 hours on a domestic itinerary.
Source: 14 CFR § 254.4, read the regulation · we re-check this amount against the eCFR every day
Three different rules can govern the same suitcase, and the one that applies is decided by where the flight went rather than by which airline lost it. All three work the same way: they cap what the airline can be made to pay, and leave you to prove what you actually lost. None of them is a cheque that arrives for showing up.
A floor on the carrier's liability limit, not a payout. Set by 89 FR 84819, superseding $3,800. Applies on aircraft over 60 seats, or a smaller segment ticketed with one.
Special Drawing Rights, an IMF unit that floats daily — roughly $2,000. Raised from 1,288 SDR by the ICAO five-year review effective 28 December 2024. Covers delay as well as loss.
About $17,596.50 and $9,384.80 MXN at the 2026 UMA of $117.31 pesos. The UMA is reset by INEGI every February, so the peso figure moves annually while the statutory count does not.
First, the bag fee: work out the exact minute it is owed
If you paid to check the bag, that fee comes back on its own terms and on a clock — separately from the liability claim below, and whatever was inside.
Put in the time you got off the plane and the clock works out the rest.
Where the thresholds come from, and the two details that decide most cases
14 CFR § 260.5 requires a prompt refund where a checked bag is lost or significantly delayed; § 260.2 draws the line at 12 hours on a domestic itinerary, 15 hours internationally where the nonstop US–foreign segment runs 12 hours or less, and 30 hours where it runs longer.
The threshold follows the itinerary, so the domestic leg home from an international trip is on the 15- or 30-hour clock rather than the 12-hour one. And § 260.5(a) counts from the moment you were given the chance to get off your last flight, not from the scheduled arrival — which is why the clock asks for that and nothing else about the flight.
Each answer below is the clock's own output rather than a description of it — same thresholds, same wording, computed on the server so it is here whether or not you fill in the form. Note the first two: fourteen hours is a refund on a domestic itinerary and nothing yet on an international one.
Situation
My bag never came out at baggage claim and it has been 14 hours since I landed on a domestic flight. I filed a report at the airport. Do I get the checked bag fee back?
Refund owed
The fee you paid to check that bag has to come back.
12 hours is the line for a domestic itinerary, and the bag was past it by 2h. That makes it a significantly delayed checked bag under 14 CFR § 260.5, and you have filed the MBR, so the refund is automatic rather than something you argue for.
What to do
You should not have to ask. If nothing has landed on the card, quote 14 CFR § 260.5 and your MBR number in writing — the part treats 7 business days as prompt for a card purchase and 20 calendar days otherwise. Past that, it is a DOT complaint with a paper trail.
Situation
Same 14 hours, but I flew in from abroad. Is the checked bag fee refund the same?
Not yet
Not yet. The line is 15 hours, and you have 1h to go.
For an international itinerary with a US–foreign leg of 12 hours or less, a bag counts as significantly delayed at 15 hours from the moment you were let off the last flight. Before that, 14 CFR § 260.5 does not require the fee back.
What to do
Two things while the clock runs. Make sure a Mishandled Baggage Report is on file — 14 CFR § 260.5(b) means the refund never starts without one, and filing it now costs nothing. Then come back after the deadline above; if the bag is still missing, the fee is owed automatically.
Situation
The airline has had my bag for 20 hours and nobody told me to file anything. Am I owed the bag fee?
File the report first
You are past 12 hours — but the refund does not exist until you file the report.
The delay qualifies: 12 hours is the line for a domestic itinerary and you are 8h beyond it. 14 CFR § 260.5(b) is the catch — the airline owes nothing for a delayed bag unless a Mishandled Baggage Report has been filed. No report, no obligation, however long the bag is gone.
What to do
File the MBR now, with the airline that operated the flight — on a multi-airline itinerary, the one that flew your last segment, which is often not the airline that sold the ticket. Get the reference number before you leave the desk or close the chat.
Situation
It has been 9 hours since I landed and my bag is still somewhere else. Is the fee refund owed yet?
Not yet
Not yet. The line is 12 hours, and you have 3h to go.
For a domestic itinerary, a bag counts as significantly delayed at 12 hours from the moment you were let off the last flight. Before that, 14 CFR § 260.5 does not require the fee back.
What to do
Two things while the clock runs. Make sure a Mishandled Baggage Report is on file — 14 CFR § 260.5(b) means the refund never starts without one, and filing it now costs nothing. Then come back after the deadline above; if the bag is still missing, the fee is owed automatically.
Situation
They delivered my bag to my hotel 11 hours after I landed. Do I still get the checked bag fee refunded?
No fee refund
No bag-fee refund under this rule — it came back inside 12 hours.
The bag was gone 11h, and the threshold for a domestic itinerary is 12 hours. 14 CFR § 260.5 only reaches a bag that misses that line, so the fee stays paid.
What to do
The fee is a separate question from what the delay cost you. If you bought clothes or toiletries because the bag was late, that is a liability claim rather than a fee refund, and the sections below cover what it is worth and how to put it in writing.
Situation
My bag arrived a day and a half late on a long-haul international ticket, and I filed a mishandled baggage report. What is owed?
Refund owed
The fee you paid to check that bag has to come back.
30 hours is the line for an international itinerary with a US–foreign leg over 12 hours, and the bag was gone 1 day 9h — 3h past it. That makes it a significantly delayed checked bag under 14 CFR § 260.5, and you have filed the MBR, so the refund is automatic rather than something you argue for.
What to do
You should not have to ask. If nothing has landed on the card, quote 14 CFR § 260.5 and your MBR number in writing — the part treats 7 business days as prompt for a card purchase and 20 calendar days otherwise. Past that, it is a DOT complaint with a paper trail.
Every one of these rules pays “provable direct or consequential damages” up to a limit. The limit is the part that gets quoted; the word doing the work is provable. A claim that says the bag was worth $2,000 will be assessed on what you can show, and a claim that names the statutory ceiling for a bag of holiday clothes tends to be refused in full rather than negotiated down.
So itemise. Each item, roughly what it cost, when you bought it, and a receipt or a card statement line wherever one exists. Photograph anything damaged before it is repaired or thrown out. Airlines also exclude categories outright — cash, jewellery, electronics and documents are commonly outside checked-bag liability under the contract of carriage — so read that document before assuming a laptop is covered.
The letter
Two separate claims. The fee you paid to check the bag must be refunded automatically once delivery passes 12 hours on a domestic itinerary, or 15/30 hours internationally — no inventory needed. Separately, the carrier may not cap its liability below $4,700 on a US domestic flight (1,519 SDR internationally, 150 UMA within Mexico), but that is a ceiling on damages you evidence, not a sum you can claim outright.
Subject: Baggage claim and refund of checked bag fee — file [FILE REFERENCE], booking [CONFIRMATION CODE]
To whom it may concern,
On [FLIGHT DATE] I travelled on flight [FLIGHT NUMBER], [ROUTE], under confirmation code [CONFIRMATION CODE] in the name [YOUR NAME]. My checked bag was not delivered as required. The baggage service report reference is [FILE REFERENCE]. Time between arrival of the final segment and delivery of the bag: [HOURS DELAYED].
First, the checked bag fee. I paid [BAG FEE PAID] to transport that bag. Under 14 CFR § 260.5 a carrier must provide a prompt refund of the fee charged to transport a checked bag that is lost or significantly delayed, and § 260.2 defines a significantly delayed bag as one not delivered within 12 hours of the last segment's arrival on a domestic itinerary, or within 15 or 30 hours on an international itinerary depending on segment length. That refund is required to be prompt and automatic and is not conditional on the claim below.
Second, the loss itself. The following items were in the bag:
[ITEMISED LIST]
I am claiming the provable direct and consequential loss set out above. I am not asserting a fixed statutory sum. For a domestic itinerary, 14 CFR § 254.4 prohibits limiting liability to less than $4,700 per passenger, as amended at 89 FR 84819. For international carriage, article 22(2) of the Montreal Convention sets the limit at 1,519 Special Drawing Rights per passenger following the ICAO review effective 28 December 2024. For carriage wholly within Mexico, article 62 of the Ley de Aviación Civil sets 150 UMA for checked baggage. Please apply whichever governs this itinerary and confirm which one you have applied.
Please confirm in writing the amount of the bag fee refund, the date it will be issued, and your assessment of the claim above. If the bag has not been located, please confirm the date it was declared lost.
Sincerely,
[YOUR NAME]
This is a summary of published rules, not legal advice
Every figure above is cited so you can check it. Whether a particular item was covered, what your carrier’s contract of carriage adds or excludes, and how a specific claim should be valued are questions for a lawyer or a consumer protection body — the DOT aviation consumer complaint form for a US itinerary, or PROFECO for a Mexican one.
FAQ
Lost and damaged baggage — common questions
Answers drawn from the published rules, with the provision named so you can check it. This is not legal advice.
Can I just claim $4,700 for a lost bag?
No, and this is the most common misunderstanding about the figure. 14 CFR § 254.4 says an airline "shall not limit its liability" below $4,700 for "provable direct or consequential damages". That makes it a ceiling on what you can recover, not a sum you are owed. If the bag held $400 of clothing, you are owed $400. Claiming the full figure for a bag you cannot evidence hands the airline a straightforward reason to refuse the whole claim.
What is the easiest money to get back?
The fee you paid to check the bag. Under 14 CFR § 260.5 that fee must be promptly refunded when the bag is lost or significantly delayed, and § 260.2 sets the threshold at 12 hours after the last segment arrives on a domestic itinerary, or 15 hours internationally where the nonstop US–foreign segment runs 12 hours or less, and 30 hours where it runs longer. The refund is meant to be prompt and automatic, needs no inventory of the contents, and is separate from any liability claim. One condition, and it is a specific one: § 260.5(b) means the airline owes nothing unless a Mishandled Baggage Report (MBR) has been filed — with the airline that operated the flight, or on a multi-airline itinerary the one that flew your last segment, which is often not the airline that sold the ticket. The clock above works out the exact minute your threshold is crossed.
My flight was Los Angeles to Cancún. Does the $4,700 figure apply?
No. Part 254 reaches interstate and intrastate US carriage, so a border crossing puts you under the Montreal Convention instead, where article 22(2) caps liability at 1,519 SDR — roughly $2,000 rather than $4,700. This is worth knowing before you write, because quoting the wrong regime is the first thing a claims desk will correct.
How long do I have to report it?
Report at the airport before you leave if you can, and get the file reference. Under article 31 of the Montreal Convention a written complaint must be made within 7 days of receiving damaged baggage, or 21 days from the date it should have been delivered where it is delayed. Domestic US deadlines come from the carrier's own contract of carriage rather than from part 254, and they are often shorter, so read that document rather than assuming.
Does the airline have to pay for what I bought while waiting?
Those are consequential damages, and they sit inside the same ceiling rather than on top of it. Keep the receipts, list them separately from the bag contents, and expect to justify them as reasonable — a change of clothes and toiletries for a two-day wait reads very differently from a replacement wardrobe.
Is a voucher instead of money acceptable?
Only if you agree to it. Nothing in part 254 or the Montreal Convention obliges you to take credit with the airline in place of payment for a proven loss. If you are offered a voucher, you can say you are claiming under the liability rule and ask for the assessment in writing.
Stuck on hold?
Talk to an independent agent instead
Airline phone queues and chatbots are where a rebooking stalls. Our agents work these routes daily and will look at what is actually available, walk through the letter you are about to send, and tell you what a desk agent will and will not do. We are not the airline and we do not file claims for you — the templates above are yours to send.