If your suitcase is left on the train, you should contact the carrier as soon as possible. Most of them provide telephone numbers on their websites for us to call about lost luggage. You will find a list of carriers on the Office of Rail Transport website. You can also use the carrier's standard helpline (the numbers are listed on every timetable poster). If the train was equipped with a monitoring system, it is a good idea to ask for it to be secured straight away - just in case your lost luggage ends up in the wrong hands, bearing in mind that the operator will only be able to make it available to law enforcement officers (e.g. after a report has been filed on suspicion of theft of our belongings).
According to the law, depending on where your bag or backpack was left in the carriage, you are either responsible for its loss or the carrier is liable. If you place your hand luggage in plain sight, for example on a luggage rack in a compartment or on an adjacent seat, the carrier will only be liable if the damage is its fault. It is up to you to look after your luggage.
The situation is different if you leave your belongings in a separate area specially designated for luggage. These include luggage racks (with pictograms) in non-compartment carriages. These are often located away from or backwards to the seating area. The carrier is then entirely liable, regardless of whether the damage was caused by the carrier. If baggage is lost during the journey, the carrier will have to cover its value. However, you may need to document the loss. A similar extended liability applies when you travel in a sleeping car or couchette.
The loss of money, securities and valuable objects, e.g. of scientific or artistic value, are excluded from the carrier's liability. An exception is when the damage was caused by the intentional fault or gross negligence of the carrier.
Legal basis:
- Article 63 of the Act of 15 November 1984 - Transport Law (consolidated text OJ 2020, item 8, as amended)
- Article 41(1) of Annex I in conjunction with Article 13 of Regulation (EU) 2021/782 of the European Parliament and of the Council of 29 April 2021 on rail passengers' rights and obligations (OJ L 172, 17.5.2021, p. 1–52).