TAP delayed or lost baggage compensation
Short answer: Baggage problems on TAP Air Portugal are governed by the Montreal Convention, not by EU Regulation 261/2004. Report the bag at the airport with a Property Irregularity Report (PIR), then file a written claim: within 21 days if the bag is delayed, or within 7 days if it is damaged. A delayed bag not found after roughly 21 days is generally treated as lost. TAP's liability for delay, loss or damage is capped at about 1,519 Special Drawing Rights (SDR) per passenger, and you have two years to bring a court claim.
Free eligibility check
Check your case in the form
Enter your route, date and type of disruption. We will check whether your case qualifies for a claim under EU 261/2004 or UK261.
What happened to your flight?
Claim up to €600 for a delayed or cancelled flight.
Choose the situation that applies to your flight:
Baggage is a different legal track from flight compensation
It is easy to assume everything that goes wrong on a flight falls under EU261, but it does not. EU261 deals with delays, cancellations, denied boarding and downgrades to the flight itself. Anything to do with your suitcase - a bag that arrives late, never arrives, or turns up broken - is covered by the Montreal Convention instead. That distinction matters because the deadlines, the amounts and the way you claim are all different.
So if your TAP flight from Lisbon was three hours late and your bag went missing, you may have two separate claims: a flight-delay claim under EU261 (a fixed EUR 250, 400 or 600 depending on distance) and a baggage claim under the Montreal Convention. They do not cancel each other out. For the flight side, see our guide on TAP delayed flight compensation and the main TAP Air Portugal compensation hub.
Report the problem at the airport first
The single most important step is to report the issue before you leave the airport. Go to the TAP or ground-handling baggage desk in the arrivals hall and ask for a Property Irregularity Report (PIR). This is your proof that you flagged the problem on time, and you will need its reference number for every later step.
The operating carrier is the airline responsible - TAP, where TAP actually operated the flight, even if you booked through an agent or online platform. On regional routes flown as TAP Express (operated by Portugalia or White) the same rule applies to whichever carrier ran the flight (the principle in C-532/17 Wirth). The booking channel does not change who you claim from.
The deadlines that decide your claim
The Montreal Convention sets strict written-notice deadlines. Miss them and the airline can refuse the claim outright.
| Situation | What to do | Deadline for written claim |
|---|---|---|
| Delayed baggage | File a written claim after the PIR | Within 21 days of the bag being returned to you |
| Damaged baggage | File a written claim after the PIR | Within 7 days of receiving the bag |
| Lost baggage | Bag not found after ~21 days is treated as lost | Follow up in writing; court claim within 2 years |
| Court action (any of the above) | Legal claim if TAP does not pay | Within 2 years of arrival date |
Once a delayed bag has been missing for about 21 days it is treated as lost, and you switch from claiming interim expenses to claiming its full value and that of its contents, up to the liability cap.
What you can get back
TAP's liability for delay, loss or damage to checked baggage is limited to roughly 1,519 SDR per passenger - an IMF currency unit worth around EUR 1,850, though the euro figure moves with exchange rates. That cap took effect on 28 December 2024.
While your bag is delayed you can claim reimbursement of reasonable and necessary essentials - basic clothing, toiletries and other items you need while away from your luggage. Keep every receipt and buy sensibly: TAP reimburses what a reasonable traveller would spend, not a full replacement wardrobe. If the bag is ultimately lost, you claim the value of the bag and its contents up to the 1,519 SDR ceiling, so an itemised list with proof of value (receipts, photos) strengthens your case. Damaged-bag claims work the same way; our TAP damaged baggage claim guide covers those in detail.
If you carry items worth more than the cap, declare a higher value at check-in for a fee; travel insurance or credit-card cover may also pay out faster than the airline.
How ClaimWinger helps
ClaimWinger works on a no win, no fee basis: there is no upfront cost, and we only charge a commission if your claim succeeds. Our team handles the paperwork, chases TAP and escalates where needed. If your baggage problem came alongside a delayed or cancelled flight, start with the flight side at /delayed-flight or /cancelled-flight, and use our flight compensation calculator to see what an EU261 claim could be worth.
For the step-by-step process, read how to claim TAP compensation, and note that time limits differ by claim type in our TAP compensation time limit guide.
FAQ — Frequently asked questions
Is delayed baggage covered by EU261?
No. EU261 covers what happens to your flight - delay, cancellation, denied boarding, downgrade. Baggage delay, loss and damage fall under the Montreal Convention, with its own deadlines and a compensation cap of about 1,519 SDR.
How long before a delayed bag counts as lost?
There is no fixed rule in the treaty, but airlines, including TAP, generally treat a bag as lost once it has been missing for around 21 days. From that point you can claim its full value up to the liability cap rather than just interim expenses.
What is 1,519 SDR in euros?
SDR is an International Monetary Fund currency unit. 1,519 SDR is roughly EUR 1,850, but the euro figure changes daily with exchange rates. This is the maximum TAP is liable for per passenger for delayed, lost or damaged checked baggage, effective from 28 December 2024.
Can I claim for clothes and toiletries while my bag is delayed?
Yes - for reasonable and necessary essentials bought because you were without your luggage. Keep all receipts and buy sensibly; reimbursement counts towards the overall liability cap.
How long do I have to take TAP to court over baggage?
The Montreal Convention sets a two-year time bar, running from the date the aircraft arrived or should have arrived. Miss it and your right to sue is lost, even if you filed the initial PIR and written claim on time.
Sources
This guide reflects the legal position in 2026. The EU261 three-hour delay threshold and the EUR 250/400/600 compensation bands remain in force; the proposed 2026 reform (longer delay thresholds, a 9-month claim window and a 30-day airline response time) is not yet in force. Baggage rules follow the Montreal Convention. This is general information, not legal advice.