The essentials of the “Montreal Convention”
- The Montreal Convention applies in general to all international carriage of passengers, baggage and goods, whether for payment or not.
- It was adopted in 1999 and has since been ratified by over 130 countries.
- The agreement obliges airlines to pay compensation in the event of an accident.
- However, in the event of delays or cancellations, other rules apply.
- Passengers are entitled to compensation in the event of overbooking, cancellations or delays of three hours or more.
- The amount of compensation depends on the distance of the flight and the length of the delay.
- In the event of cancellation or delay, passengers may also be entitled to assistance.
- The Warsaw Convention continues to apply to countries that have not signed the Montreal Convention.
- If in doubt, air passengers should contact Flightright.
- Early information and documentation of flight delays and cancellations are useful for subsequent compensation claims.
Did you have a flight delay or cancellation? Check your rights now and increase your chances of compensation
Montreal Convention: You’re waiting for your suitcase on the conveyor belt, but it doesn’t show up. So you’re going on holiday or to a business meeting without your luggage? Or is your suitcase on the conveyor belt, but it’s completely damaged, even open, and some of its contents are missing?
Air passenger rights: did you know that you are entitled to damages if your baggage is delayed, lost or damaged? Rights in the event of damage to baggage are governed by the Montreal Convention. Here you’ll find all the information you need about this convention and what to look out for in the event of a claim.
What is the Montreal Convention?
The Montreal Convention was concluded on 28 May 1999 and entered into force on 28 June 2004 after being recognised by the Member States. The Montreal Convention governs international air transport between the States that have ratified it, and replaces the Warsaw Convention. Among other things, it governs rights in the event of baggage problems, personal injury and delays.
The Montreal Convention applies in general to all international carriage of passengers, baggage and goods, whether for payment or not. Carriage between two places in the same country is not protected by this Convention. However, since the Montreal Convention was implemented at European level by Regulation (EC) 889/2002, there has been an exception whereby domestic flights within the EU also fall within the scope of the Montreal Convention. The aim of the Montreal Convention is to standardise certain transport rules in the field of international air transport.
What is the scope of the Montreal Convention?
The signatory countries include the countries of the European Union, the United States, Australia and Japan. But there are also many tourist countries (e.g. Turkey, Bahamas, Bolivia, Russia, Senegal, Sudan, Togo, Tunisia, Thailand, Niger, Mauritius, Gabon, Ghana, Mozambique, Costa Rica, Korea, Côte d’Ivoire and Cambodia) that have not signed the Montreal Convention. In countries that have not yet ratified it, the Warsaw Convention of 1929 is generally still in force.
Here you will find a list of members of the Montreal Convention, from Albania to Vietnam. The table below clearly indicates the flights for which the Montreal Convention offers protection:
| Travel itinerary/air route | No stopover | Stopover in a Contracting State | Stopover in a non-contracting State |
|---|---|---|---|
| Flight between two Contracting States | Yes | Yes | Yes |
| Flight within a Contracting State (non-EU member) | No | Yes | Yes |
| Flight within a Contracting State (member of the EU) | Yes | Yes | Yes |
Scope of the Montreal Convention
To find out whether the Montreal Convention applies to you, you need to know whether your flight’s departure and arrival airports are located in the territory of two of the States Parties. At European level, the Montreal Convention has been ratified by EC regulation 889/2002. This means that national flights within certain Member States are also subject to the Montreal Convention, even if they do not meet the criteria for international transport. However, it applies when the flight is a return flight from or to a contracting State, and therefore also in the case of a return flight from an EU country to a non-contracting State.
Important: the Warsaw Convention continues to apply to countries that have not signed the Montreal Convention.
Montreal Convention – What are my rights in the event of a baggage problem?
If your baggage is damaged, delayed or lost, you are entitled to compensation in accordance with the Montreal Convention. The maximum amount of this compensation is approximately €1,675 per person, regardless of the number of baggage items. The right applies in the following cases: Delay of baggage, damage to baggage, loss of baggage.
1. Montreal Convention – In the event of baggage delay, applies :
If a suitcase is delayed, travellers have the right to buy replacement clothes and cosmetics at a reasonable price. They can then claim reimbursement of the corresponding expenses from the airline. The maximum amount for replacement purchases is approximately €1,675 per passenger. If the suitcase is delayed on the return flight, there is no reason to make replacement purchases. Important: if the suitcase arrives late at home, there is no reason to make replacement purchases and therefore no right to a refund.
2. Montreal Convention – In the case of broken suitcases (damage to luggage), the rule is as follows:
If the baggage is damaged, repair (if repair of the baggage is possible) or replacement of the current value of the damaged baggage or contents must be offered. The airline is liable to pay damages if the baggage has been damaged during the flight. Even if the baggage has been damaged, passengers are entitled to compensation of up to approximately €1,675. The amount of compensation is calculated on the basis of the current value of the baggage.
Important: if you yourself are responsible for the damage (faulty checked-in luggage, fragile items not properly stowed), the airline is not obliged to compensate you for the damage suffered.
3. Montreal Convention – In the event of lost baggage, the rule is as follows:
If a bag is delayed for more than 21 days, it is considered lost. Even in the case of lost baggage, the maximum compensation is 1,675 euros per passenger. In the event of baggage loss, the cost of replacement purchases must be reimbursed and a replacement of the current value of the baggage and its contents must be offered. For particularly valuable baggage, it is worth taking out additional insurance.
In the event of loss, the compensation sum will certainly not be able to replace everything in your suitcase. No amount of money in the world can buy personal items. Nevertheless, you should assert your rights. If you choose the experts at Flightright, we will reliably enforce your right to compensation against the airline. Without any cost risk: no compensation, no fee.
Not only has your luggage been delayed, but also your flight? If the delay is more than three hours, you may be entitled to compensation.
According to the Montreal Convention, passengers are entitled to compensation in the event of baggage delay, baggage loss and baggage damage. The amount of this compensation is a maximum of around 1,675 euros per person, regardless of the number of items of baggage.
Are you also affected by an overbooking, flight cancellation or a missed connecting flight? Check your flight now. Simple ✔ fast ✔ & without risk ✔
When did the airline inform you of the flight cancellation or delay?
On the day of the flight or less than 14 days before or more than 14 days before departure.
Do I receive compensation under the Montreal Convention?
You can claim compensation from the airline in the following situations: Delayed baggage, damaged baggage, lost baggage.
The Montreal Convention defines the conditions under which you are entitled to compensation in the event of damage to baggage. As an injured passenger, you do not have to prove why or by whom the baggage was damaged, mistreated or lost. By making a written declaration within the time limit set at the airport, the PIR (Property Irregularity Report) form, you preserve your right to compensation.
If the airline intentionally and culpably damages your baggage, the actual damage is compensated without restriction. However, you must prove that this actually happened. If your baggage is lost on a multi-leg flight insured by several airlines, you can choose which airline to claim compensation from. It doesn’t matter whether it’s a charter, scheduled or low-cost flight – even your booking class has no influence on your right to compensation.
Compensation can always be claimed per person, not per suitcase. If two passengers share a suitcase, the liability limit applies to both up to approximately 1,600 euros (1,288 SDR).
Important: the limitation period is two years, liability is independent of fault, and compensation is per person and not per suitcase.
How do I handle valuable luggage?
As compensation is limited to around €1,675, it is worth taking out additional insurance for valuable luggage.
What are my rights in the event of bodily injury?
In the event of personal injury, the carrier is liable up to a maximum of 128,821 Special Drawing Rights (SDRs), which are currently being converted (worth around €166,813). SDRs represent an international unit that must be converted into foreign currency and that is regularly and dynamically adjusted. For damage exceeding this amount, the carrier’s liability is unlimited in the event of presumed fault.
What are the deadlines for baggage damage (delayed baggage, damaged baggage, lost baggage)?
Compliance with these time limits is crucial to any claim for compensation. In the Montreal Convention, time limits are given in calendar days (not working days!).
If you leave the airport WITHOUT reporting the damage or loss of your baggage, it is presumed to be intact or to have been delivered on time. You will then have to prove yourself afterwards that the damage was caused by the carrier, which is difficult. So examine your luggage immediately at the airport to check for damage, take photos and lodge a complaint if your luggage is damaged or delayed.
The deadlines for notifying the airline in writing of damage are different for damaged, delayed and lost baggage:
| Baggage problems (what are they?) | What you need to do | Time limit for filing a claim |
|---|---|---|
| Delay of checked baggage (more than 3 hours). | Important: after landing, go directly to the Lost & Found counter at the airport or directly to the airline and present the baggage sticker that was stuck to your boarding pass at check-in. [more…..] | Declaration of loss IMMEDIATELY (max. 7 days after arrival). Re-declaration of loss within 21 days of baggage delivery. |
| Damage to checked baggage | If your suitcase is broken after the flight, you must document the damage and inform the airline of the problem. To do this, it is advisable to submit photos of the damaged baggage to the airline. [more…..] | Within 7 days, preferably immediately after discovering the damage. |
| Delayed and damaged baggage | Any delay must be reported immediately to the airport. In addition, report any damage in writing to the airline. Declaration of loss IMMEDIATELY (max. 7 days after arrival). | Damage Report IMMEDIATELY (max. 7 days after receipt) |
| Loss of checked baggage (after 21 days) | For a successful refund, passengers must declare the loss of their baggage on the spot after the flight and complete the Property Irregularity Report. The airline and baggage counter staff will usually ask you to fill in a loss report for the lost bag and to give your address [more…..]. | Report the loss to the airline immediately, even before leaving the airport. The baggage is only officially considered lost after 21 days. After that, you have two years to request compensation from the airline in writing. |
Montreal Convention – Time limits for damage to baggage
Important: if you do not respect the respective deadlines, you lose your right to compensation from the airline. The only exception is in cases where the carrier has acted maliciously. However, this is extremely difficult to prove and is a rare exception.
What is the amount of damages in the event of damage to luggage?
What is the amount of compensation in the event of baggage damage?
The liability limit for a baggage claim under the Montreal Convention is 1,288 SDRs. The SDR is an artificial currency introduced in 1969 by the International Monetary Fund (IMF). This virtual currency is converted into euros on the day of the claim. The maximum amount of this compensation is approximately €1,675 per person, regardless of the number of baggage items. However, this is not a lump sum per baggage claim. The damage to be compensated is calculated on the basis of the information provided by the traveller. Unfortunately, the people concerned will not be compensated for any inconvenience or time lost.
Montreal Convention – Important steps in the event of baggage damage
1. Claim form – Property Irregularity Report (PIR) / declaration of loss
Report the incident immediately to the airport (ask for the PIR or Damage Report).
2. Immediately report the damage to the airport (request the PIR or Damage Report).
Within 21 days of recovering your baggage, send a new written claim to the airline (flight documents, receipts, replacement purchases).
3. Respecting deadlines
It is imperative that you comply with the time limits for making claims in the event of damage to luggage (delayed luggage, damaged luggage, lost luggage)!
4. Check damaged baggage immediately
To do this, it is advisable to provide photos of the damaged baggage to the airline. To obtain reimbursement of costs, you must complete an official Property Irregularity Report at the airport. You can also declare the damage in writing to the airline no later than 7 days after receiving the damaged bag.
The Montreal Convention in a nutshell
The Montreal Convention governs :
- International air transport between the contracting States.
- Liability for loss of baggage, damage to baggage and baggage delays, personal injury and delays.
- Airlines are responsible for checked baggage through no fault of their own.
- All EU member states have ratified the Montreal Convention.
- The limitation period for all baggage damage is two years.
- The liability limit is 1,288 SDRs (a maximum of around €1,675).
- There is no lump-sum compensation.
- Compensation per person, not per suitcase.
Air passenger rights – Baggage checklist
On our website, we want to keep you as informed as possible about your aviation rights and ensure that you have all the relevant information at your fingertips in the event of a claim.
To this end, we’ve put together some other useful tips in a clear checklist, which should help you manage your luggage problems properly.
Checklist: Information and documents required to obtain compensation in the event of a baggage problem
- Property Irregularity Report (PIR) form
- Boarding tickets with flight number
- Baggage tag number
- Baggage information
- List of suitcase contents and any invoices
- Photos of damaged luggage
- receipts for emergency purchases
How can Flightright help you?
You’re waiting at the baggage carousel for your suitcase, but it doesn’t turn up. So you set off on holiday or to your business appointments without your luggage? Or your suitcase is on the baggage carousel but is completely damaged or even open and some of the contents are missing? In each of the situations described, you as a passenger have a right to compensation.
According to the Montreal Convention, passengers are entitled to compensation in the event of baggage delay, baggage loss and baggage damage. The amount of this compensation is a maximum of around 1,675 euros per person, regardless of the number of items of baggage.
Tip: Flightright helps you to enforce your passenger rights! With us, you can check your claims free of charge in two minutes. ✔️Easy, ✔️fast ✔️& without risk
As the market-leading consumer portal, Flightright fights for the enforcement of air passenger rights. We stand up for your rights in the event of a flight delay, cancellation or denied boarding and refer to the UK261 Regulation. Flightright’s air passenger rights experts are also happy to help you with ticket refunds and refunds for cancelled package holidays.
As experts in the field of air passenger rights, we enforce your right to compensation against the airline!