Passengers struggling to get compensation for delayed baggage from ITA Airways are turning to EU consumer protection agencies after months of stonewalling. The issue highlights the gap between passenger rights regulations and airline accountability, and what travelers can actually do when claims go ignored.
"It's been two months. I have every single itemized receipt and submitted a massive PDF explaining everything. But they have not approached me with valid compensation offer. Just 'we're working on it'," a frustrated passenger wrote on r/travel after ITA Airways delayed their luggage for an entire 2-week trip to Italy.
The passenger spent approximately €519 on essentials during the trip, with receipts for all expenses. Despite submitting comprehensive documentation, the airline has provided no concrete response beyond vague assurances.
EU passenger rights for baggage delays
Under EU Regulation 261/2004 and the Montreal Convention, airlines are liable for delayed baggage and must reimburse reasonable expenses. For flights within the EU or operated by EU carriers, passengers can claim up to approximately 1,131 SDR (around €1,400 or $1,500 USD) for baggage delay expenses.
"Reasonable expenses" typically include: <ul> <li>Essential clothing and toiletries</li> <li>Items needed for the specific trip purpose (business attire, sports equipment)</li> <li>Luggage to transport purchased items</li> <li>Communication costs related to the baggage delay</li> </ul>
Airlines must compensate these expenses even if the baggage eventually arrives. The passenger's €519 in documented expenses clearly falls within the reasonable range for a 2-week trip without luggage.
Why airlines stonewall claims
Airlines have a financial incentive to delay compensation payments. Every month of delay is money they keep earning interest on rather than paying out. Some passengers give up after months of non-responses, reducing the airline's payout obligations.
ITA Airways — the successor to Alitalia — has faced particular criticism for customer service issues since its 2021 launch. The airline inherited many of Alitalia's operational problems while implementing new systems and procedures, creating gaps in claim processing.
