Regulations

Montreal Convention – Baggage Rights Explained

Legal clarity on your rights - from filing your report to getting paid.

Key Takeaways

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  • 1

    The Montreal Convention covers 135+ countries and most international flights.

    If you flew internationally between two countries that have both signed the Convention, your baggage rights are governed by this treaty - not the airline's own policy.

  • 2

    Maximum compensation is capped at 1,519 SDR (~$2,080 USD / EUR 1,920) per passenger.

    This is the ceiling regardless of how much your belongings were worth. SDR values fluctuate slightly with exchange rates, so the exact figure in your currency may vary.

  • 3

    Deadlines are strict: 7 days for damage, 21 days for delay, 2 years for lost bags.

    Miss any of these and the airline has a legal basis to reject your claim entirely. There is no grace period and airlines will use missed deadlines to close cases.

  • 4

    Airlines are liable even without proven fault - strict liability applies to checked bags.

    Unlike some legal frameworks, you don't have to prove the airline was negligent. If your checked bag was damaged, lost, or delayed, liability is presumed under the Convention.

  • 5

    The Montreal Convention does not cover domestic flights within a single country.

    A flight from London to Manchester, or New York to Chicago, falls under national rules, not the Convention. For domestic UK flights, CAA rules apply; in the US, DOT regulations govern.

Fact Checked

The Montreal Convention sets out what airlines owe you when your baggage is delayed, lost, or damaged on an international flight. It applies across 135+ countries and can entitle you to up to $2,080 USD/ EUR 1,920 in compensation, depending on the evidence you provide to support your case.

Airlines are generally liable for delayed, lost, or damaged checked baggage from the moment you check in to the moment you collect it.

Compensation is capped at 1,519 SDR, which is roughly $2,080 USD/ EUR 1,920 regardless of what your luggage is worth.

Deadlines are strict: 7 days for damaged bags, 21 days for delayed bags, and 2 years for lost bags.

If your belongings are worth more than the maximum, travel insurance is your only additional safety net.

Global Coverage
135+ countries covered by the Montreal Convention

If your international flight touches any of the following regions, you're protected by international treaty law.

Europe
All EU member states + UK, Norway, Switzerland
North America
USA, Canada, Mexico
Asia Pacific
Japan, Australia, China, India, South Korea + more
Middle East & Africa
UAE, Saudi Arabia, South Africa + others
South America
Brazil, Argentina, Colombia + others

What is the Montreal Convention?

The Montreal Convention (officially known as MC99) is an international treaty that was signed in 1999 and enacted in 2003. It sets out the rules for airline liability in three areas:

  • Passenger injury
  • Flight disruption
  • Baggage mishandling

Today, over 135 countries have signed up, covering almost every major commercial aviation route on the planet. The Convention is overseen by the International Civil Aviation Organization (ICAO), which periodically updates the liability limits to adjust for inflation.

Basically, the Montreal Convention says that if your bags are delayed, damaged, or lost on an international flight, the airline is legally liable, and you have the right to claim reimbursement and compensation.

In practice, this means your rights don't depend on the airline's policy alone. They're backed by international law.

When does the Montreal Convention apply to your flight?

The Montreal Convention only covers international flights. So, if you're flying domestically, like from London to Manchester, or New York to Chicago, it won't apply.

How much can you claim under the Montreal Convention?

Under the Montreal Convention, the maximum liability is set at 1,519 Special Drawing Rights (SDR). But what is an SDR?

An SDR is a type of international reserve currency managed by the IMF (International Monetary Fund) made up of several major currencies. Its value fluctuates a little, but currently it equals approximately $2,080 USD/EUR 1,920. This amount is adjusted every few years to account for inflation. The last adjustment was in 2024.

Bottom line, this cap is the absolute maximum you will get from the airline for baggage mishandling. It's non-negotiable and applies regardless of how much your bags or their contents were worth.

SDR Compensation Calculator

Rates are approximate. 1 SDR ≈ USD 1.33 / EUR 1.22 / GBP 1.05

When does the Montreal Convention apply to your flight?

The Montreal Convention only covers international flights. Domestic flights are not covered.

Scenario Applies?
Domestic flight within one country (e.g. London to Edinburgh)No
International flight between two signatory countries (e.g. London to New York)Yes
Departure and final destination in the same country, with a stopover abroadYes
Flight between one signatory and one non-signatory countryWarsaw Convention applies
Domestic flight within the EU on an international ticketPotentially - check with airline

Delayed baggage

  • Definition: Bags that don't arrive when you do, even if they arrive an hour later
  • Claim filing deadline: File a claim within 21 days of receiving your bags

Under the Montreal Convention, your bag is considered delayed the moment it doesn't arrive with you, even if it shows up just a few hours later. You don't need to wait days before making a report.

When it comes to delayed baggage, the airline is generally responsible unless it can prove it took all reasonable measures to prevent the delay, or that it was impossible to avoid.

If your baggage is delayed, you're entitled to the reimbursement of reasonable out-of-pocket expenses incurred because your bag wasn't there on time. This means you can buy things like toiletries, underwear, or a change of clothes for a business trip.

The key word here is reasonable. You can't use a delayed bag as an excuse to go shopping and then bill the airline.

Lost baggage

  • Definition: Bags that haven't arrived within 21 days, or officially declared lost by the airline
  • Claim filing deadline: 2 years from the scheduled arrival date

Once your bag is officially declared lost (either by the airline or because 21 days have passed) you're entitled to compensation for the value of your bag and its contents, up to the GBP 1,600 cap.

The legal basis for this is Article 17(2) of the Montreal Convention, which establishes the airline's liability for the loss of checked baggage, and Article 17(3), which states that if the checked baggage has not arrived within 21 days of when it should have, you are entitled to enforce your rights. You then have two years from the scheduled arrival date to submit a legal claim, as set out in Article 35 of the Convention.

When contacting the airline, reference Article 17 directly in your written complaint. This signals that you know your rights and tends to move the process along faster.

Damaged baggage

  • Definition: Bags or contents that are broken, torn, or destroyed during the flight
  • Claim filing deadline: Claim within 7 days of receiving your bags

If your bag arrives damaged (a broken wheel, a torn zip, smashed contents) the airline is responsible. The Montreal Convention covers both the bag itself and anything inside it that was damaged, up to the maximum amount.

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The critical deadline here is that you have 7 days from when you received your bag to file a report and a claim for compensation. Miss that window and your claim is almost certainly going to be rejected.

Baggage mishandling comparison

Type Definition Claim deadline Max compensation
Delayed baggageBags that don't arrive when you doWithin 21 days of receiving your bags~$2,000 USD / €1,900
Lost baggageBags not arrived within 21 days or declared lost2 years from scheduled arrival~$2,000 USD / €1,900
Damaged baggageBags or contents broken, torn, or destroyedWithin 7 days of receiving your bags~$2,000 USD / €1,900

Which countries are covered?

Over 135 countries and territories have ratified the Montreal Convention, covering the vast majority of international air routes. This includes:

  • Europe: All EU member states, the UK, Norway, Switzerland, Russia, and Ukraine
  • North America: USA and Canada
  • Latin America: Mexico, Brazil, Chile, Argentina, and Peru
  • Asia: China, India, Japan, South Korea, Thailand, and Sri Lanka
  • Middle East: Saudi Arabia, UAE, Turkey, Israel, and all GCC member states
  • Oceania: Australia, New Zealand, and Indonesia
  • Africa: South Africa and 22 other African nations

In short, if you're flying on any major international route, you're almost certainly covered. If you're unsure, check the ICAO's full list of signatory states before flying.

FAQs

Does the Montreal Convention apply to carry-on baggage?

Yes, but the rules are slightly different. Airlines are only liable for damage or loss of carry-on baggage if the passenger can prove the airline was at fault. For checked baggage, liability is generally presumed.

Why is compensation set in SDR instead of a fixed currency?

Special Drawing Rights (SDR) are used to ensure compensation keeps pace with global currency fluctuations. Because SDR is based on a basket of major currencies, it provides a stable, internationally consistent standard.

Can airlines set their own baggage compensation rules?

Airlines can define internal procedures, but they cannot override the liability limits and obligations set out in the Montreal Convention for international flights covered by it.

Does the Montreal Convention apply to code-share flights?

Yes. If your journey is international and falls within the Convention, it applies regardless of whether multiple airlines operated different segments of your trip.

Is the Montreal Convention the same in every country?

The core rules are consistent across all signatory countries, but how claims are handled or enforced can vary slightly depending on local legal systems and airline practices.

Sources: Montreal Convention (ICAO, 1999) · Warsaw Convention (1929) · ICAO 2024 revised liability limits · Gulf Cooperation Council

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