TAP damaged baggage: PIR and how to claim
Short answer: If TAP Air Portugal delivered your suitcase cracked, torn or with broken wheels, act at the airport. Get a Property Irregularity Report (PIR) before you leave the baggage hall, then send TAP a written claim within 7 days of receiving the bag. Damaged baggage is governed by the Montreal Convention, not EU261, with liability capped at roughly 1,519 SDR (about EUR 1,700) and a 2-year deadline to sue.
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Why damaged baggage is a separate regime
Delay and cancellation compensation under EU Regulation 261/2004 has nothing to do with your suitcase. Baggage damage, loss and delay fall under a separate treaty, the Montreal Convention 1999, which sets its own limits, deadlines and proof requirements. Both claims can run at once: EU261 money for a long flight delay, plus a Montreal claim for a wheel snapped off in the hold. Treat them separately.
Because it is treaty-based, the rules apply the same way whether your TAP flight left Lisbon (LIS), Porto (OPO), Brazil or the US. You claim against the operating carrier that flew the last leg, even if a segment was run by TAP Express (Portugalia or White) or a codeshare partner.
Step 1: report the damage before you leave the airport
The single most important step is the PIR (Property Irregularity Report). Go to the TAP baggage service desk in the arrivals hall, show the damage and the bag tag, and ask staff to log a formal report. Keep the reference number. If you walk out of the airport without a PIR, TAP can argue the bag was intact on delivery and that any damage happened afterwards, which makes the claim far harder to win.
Take clear photos at the desk: the overall bag, close-ups of the damage, and the baggage tag. If contents are broken, photograph those too. Keep your boarding pass, bag-tag stub and, ideally, proof of value (receipt, bank statement or reasonable estimate).
Step 2: send the written claim within 7 days
The PIR opens the file, but it is not the formal claim. Under Article 31 of the Montreal Convention you must send TAP a written complaint within 7 days of receiving the damaged bag. Miss that window and the airline is entitled to reject the claim outright, so this deadline is unforgiving.
| Situation | Deadline to notify TAP | Legal basis |
|---|---|---|
| Damaged baggage | 7 days from receipt | Montreal Convention, Art. 31 |
| Delayed baggage | 21 days from delivery | Montreal Convention, Art. 31 |
| Court action (any baggage claim) | 2 years | Montreal Convention, Art. 35 |
Submit the written claim through TAP's baggage channel (the customer service or baggage form on the airline's website), quoting your PIR reference. Attach the photos, receipts and a short description of what happened and what you want: repair, replacement or reimbursement.
Step 3: quantify what you are owed
TAP's liability for baggage is limited to approximately 1,519 SDR per passenger. The SDR is an IMF currency basket, so the euro figure moves daily but sits around EUR 1,700. That single cap covers damage, delay and loss combined, and it is a ceiling on TAP's exposure, not a flat payout, so you must still prove your actual loss.
For a repairable case, ask for the repair cost. For a bag beyond repair, claim its depreciated replacement value, not the price of a brand-new premium suitcase. Keep it realistic and documented, because well-evidenced claims settle faster.
What TAP may argue, and where you stand
Airlines sometimes point to "normal wear and tear", minor scuffs or manufacturing defects, none of which they must pay for. They may also decline for pre-existing damage or for fragile, valuable or perishable items packed against their conditions of carriage. This is why the PIR and dated photos matter: they pin the bag's condition to the moment of delivery and leave little room for a brush-off.
If TAP goes quiet or rejects a well-documented file, escalate. In Portugal the national enforcement body is ANAC; for flights into other EU states you can also raise the matter with that country's aviation authority.
Where ClaimWinger fits in
ClaimWinger handles airline claims on a no win, no fee basis: no upfront cost, and we only take a commission if money actually reaches you. If your TAP disruption also involved a long delay, a cancellation or denied boarding, start your claim at /delayed-flight and let us handle the airline's pushback while you get on with your trip.
For the flight-side questions that often ride alongside a broken suitcase, see our TAP hub, TAP Air Portugal compensation, and the related guides on delayed baggage compensation, meals, hotel and care rights and your overall time limits to claim.
FAQ — Frequently asked questions
Is damaged baggage covered by EU261?
No. EU261 covers delays, cancellations and denied boarding. A damaged suitcase is dealt with under the Montreal Convention, with its own 7-day notice rule and 2-year time bar. The two can run in parallel if your flight was also disrupted.
What if I only noticed the damage at home?
Report it as soon as possible and still put it in writing within 7 days of collecting the bag. The clock runs from receipt, not from when you unpacked, so do not wait. A PIR filed at the airport remains the strongest evidence.
How much can I get for a broken TAP suitcase?
Up to roughly 1,519 SDR (about EUR 1,700), and only up to your proven loss within that cap. You generally recover repair cost or the bag's depreciated value, not the price of a new luxury case.
Does it matter that I booked through an agent or OTA?
No. Your Montreal Convention rights are against the operating carrier, TAP, regardless of whether you booked direct, through eDreams, Opodo, Booking or a travel agent. See booked via a travel agent or OTA.
What about a codeshare or TAP Express flight?
You claim against the airline that actually operated the damaging leg. On regional routes flown by TAP Express (Portugalia/White) or a codeshare partner, that operating carrier is liable. Our codeshare and operating carrier guide explains how to identify it.
Sources
This guide reflects the legal position as of 2026. The EU261 three-hour delay threshold and compensation of EUR 250/400/600 remain in force. The July 2026 reform (including a 9-month claim window and a 30-day airline response deadline) is a proposal, not yet in force. Baggage figures follow the Montreal Convention limit of about 1,519 SDR applicable since 28 December 2024. This is general information, not legal advice.