This is some excellent advice from the EU in Ireland website, which sets out the position relating to delayed luggage, as opposed to lost luggage. This part of the regulations needs tightening in my opinon. The consequent damages caused in your situation ought to be the responsibility of the airline.
The Montreal Convention deals with lost or delayed luggage. Under this Convention, the maximum liability of the airline in the event of lost or delayed luggage is limited to 1,000 Special Drawing Rights (SDRs) per passenger. The value of a SDR will vary each day and is linked to exchange rates. To give an idea of its value, 1 euro equaled approximately 0.85 SDR on 6th May 2010.
This limit of 1,000 SDRs was confirmed in a decision of the Court of Justice of the EU on 6th May, Walz v Clickair SA, in which the Court declared that this limit of 1,000SDRs (1134.71 euros) must be interpreted as including both material and non-material damage.
If your luggage is delayed for less than twenty-one days, it is important to be aware that there are no set regulations stating the compensation payments for delayed luggage. Most airlines take the view that once your bag has turned up you will have future use of the contents and refuse to make any compensation payments.
Some airlines offer immediate one-off cash payments at a set amount to cover emergency purchases until the delayed bag is delivered. Others will pay a set amount per day, up to a maximum number of days.
Other airlines do not make immediate cash payments, but prefer to reimburse a passenger’s expenditure on essential purchases and will often therefore insist on seeing receipts.
If your bag has still not been returned to you more than 21 days after your flight, the airline should treat it as lost and settle your claim on that basis
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