Key Takeaways
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- 1✓
The Warsaw Convention is the older treaty - still in force on some international routes.
Signed in 1929, it applies to international flights between countries that haven't upgraded to the Montreal Convention. Most passengers don't know which treaty governs their route.
- 2✓
Compensation under Warsaw is far lower - just 19 SDR (~$27 USD) per kilogram of checked baggage.
This is dramatically less than the Montreal Convention's per-passenger cap. A 23kg checked bag would be worth roughly $621 USD maximum under Warsaw rules.
- 3✓
You may need to prove the airline was negligent - unlike under Montreal.
The Warsaw Convention places more burden on the passenger. If you can't show the airline was at fault, your claim may be significantly weakened or rejected.
- 4✓
Check which treaty applies before you fly - the difference in payout is substantial.
Your ticket contract or the airline's conditions of carriage will usually specify which convention applies. If in doubt, check with your airline or a claims specialist before departing.
- 5✓
152 countries have signed Warsaw, but many major aviation nations now use Montreal.
If your route involves the US, UK, EU, Canada, or Australia on both ends, you're almost certainly under the Montreal Convention. Warsaw is most relevant for flights to or from less common destinations.
Most passengers assume that if something goes wrong with their luggage on an international flight, they're all covered by the same rules. They're not.
While the Montreal Convention protects travellers on most major routes, a significant number of international flights are still governed by a much older (and far less generous) piece of aviation law called the Warsaw Convention. Signed in 1929, this treaty sets out what airlines are legally required to pay you for lost, delayed, or damaged baggage, and the limits may surprise you.
The Warsaw Convention is an international treaty from 1929 that still governs passenger rights on routes where the Montreal Convention doesn't apply.
Compensation for checked baggage mishandling is capped at 19 SDR (roughly $27 USD / EUR 22.92) per kilogram
152 countries have ratified the Warsaw Convention, but most major aviation nations have since upgraded to the Montreal Convention.
If you're unsure which treaty applies to your route, check before you fly. The difference in what you can claim is substantial.
Most flights today fall under the Montreal Convention. Warsaw applies to routes not covered by Montreal.
Which treaty applies to your flight?
What is the Warsaw Convention?
The Warsaw Convention is an international aviation treaty signed in 1929, at a time when commercial air travel was still in its infancy.
Airlines were expanding rapidly but had no unified set of rules governing what they owed passengers if something went wrong. Carriers were particularly concerned about unlimited liability. The Warsaw Convention introduced a single international framework that standardised airline obligations and set limits on compensation.
The Convention was amended several times over the decades, including in 1955, before being largely replaced on many routes by the Montreal Convention of 1999.
In practice, lawyers often refer to the "Warsaw system", which includes the original Convention and later amendments.
The Warsaw Convention established three core principles:
- Documentation requirements: rules governing tickets, baggage checks, and travel documents
- Claims procedures: including a two-year time limit for legal action
- Liability limits: caps on what airlines owe for passenger injury, death, and baggage mishandling
When does the Warsaw Convention apply to your baggage claim?
The Warsaw rules may apply to international flights that are not covered by the Montreal Convention, particularly where the countries involved are parties to the older Warsaw system.
Most major travel markets, including the US, UK, EU, Australia and Canada, now operate under the Montreal Convention. However, some international routes may still fall under the older framework.
If you're unsure which rules apply to your journey, check the ICAO's list of Montreal Convention signatories. If your route is not covered by Montreal, the older Warsaw rules may apply.
"The biggest mistake passengers make is assuming every international baggage claim is covered by the Montreal Convention. It isn't. On some routes, the older Warsaw rules may still apply, and that can reduce a baggage claim from hundreds of pounds to a much smaller weight-based amount." - Michael Higgins, Aviation Law Specialist
What baggage problems does the Warsaw Convention cover?
The Warsaw Convention covers three types of baggage mishandling:
- Delayed baggage (when your bags don't arrive with you)
- Lost baggage (when they fail to arrive and are declared lost)
- Damaged baggage (when your bags or their contents are broken or destroyed during the flight)
How much time do you have to make a report & claim?
In order to get reimbursed by the airline, you must file your reports and claims within very specific timeframes. If you don't make the deadlines, there's a good chance your claim will be denied. Here are the timeframes for each of the three baggage problems listed above:
- Damaged baggage claims must usually be made within 7 days
- Delayed baggage complaints must typically be made within 14 days of receiving your bag, although some later variants extend this to 21 days
- Lost baggage claims are subject to a 2-year limitation period for legal action
The damaged baggage deadline of 7 days is especially strict. Miss it and your claim is almost certainly gone. Check your bags carefully as soon as you collect them and report any damage before you leave the airport if at all possible.
Warsaw Convention claim deadlines
How much can you claim under the Warsaw Convention?
Under the Warsaw system, baggage liability is usually based on weight rather than value, often at around 17 to 19 SDR per kilogram, depending on the version that applies.
What is an SDR?
A Special Drawing Right (SDR) is an international unit created by the International Monetary Fund (IMF). It isn't a currency you can spend, but a standard used to calculate value across different countries. Its value is based on major global currencies and fluctuates slightly over time.
At current rates, this equates to roughly $27 USD / EUR 25 per kg, depending on exchange rates.
How this looks in practice
As an example, if the rate is around $26.45 (EUR 22.92) per kilogram, a typical 23 kg checked bag might generate compensation of only around $608.35 (EUR 527.16), even if the contents were worth much more.
This means that even relatively valuable items may be significantly undercompensated under the Warsaw system.
Warsaw Convention maximum payouts by baggage weight
How does the Warsaw Convention compare to the Montreal Convention?
The most significant practical difference is the compensation structure. The Montreal Convention's flat cap of around $2,000 USD / EUR 1,920 is much more generous. Under Warsaw, even a heavy bag will rarely generate a meaningful payout relative to what you actually lost.
Warsaw Convention vs Montreal Convention
What's not covered under the Warsaw Convention
The Warsaw Convention doesn't cover every situation, and in some cases, airline liability is limited or excluded entirely.
When can the airline avoid liability?
Under both the Warsaw Convention and the Montreal Convention, airlines aren't automatically on the hook every time something goes wrong with your baggage. There are situations where they can avoid liability, but the bar is relatively high.
Under the Warsaw Convention, an airline can avoid liability if it can show that:
- It took all reasonable steps to prevent the delay, loss, or damage, or that it wasn't possible to avoid
- The issue was caused, or partly caused, by the passenger
- The problem came from the baggage itself or what was packed inside it
What to know before flying on a Warsaw Convention route
1. Pack valuables in hand luggage. Your compensation will be based on weight, not value, so pack accordingly. High-value items like electronics, jewellery, and important documents should go in your hand luggage whenever possible. The per-kilogram cap means the contents of your bag are almost certainly worth more than what you can claim.
2. Know the deadline. The delayed bag deadline is typically 14-21 days. You have that time from the date your bag is returned to you to submit a written complaint to the airline. Start the process immediately when your bag arrives.
3. Keep your baggage receipt tag. Under the Warsaw Convention, the weight of your checked bag is the basis for your maximum claim. Your baggage receipt tag (issued at check-in and attached to your boarding pass or given separately) shows the recorded weight. Keep it safe.
4. Get travel insurance. The Warsaw Convention's per-kilogram cap can leave you significantly undercompensated for a valuable bag. A good travel insurance policy that covers baggage contents at actual value is the only reliable way to protect yourself fully.
5. File a PIR before leaving the airport. A Property Irregularity Report (PIR) is your foundational piece of evidence. Without one, airlines will dispute your claim. File it at the baggage desk before you leave the airport.
6. Check which treaty applies before you travel. Don't assume. If you're flying to or through a country you're not familiar with, check whether it has ratified the Montreal Convention. If it hasn't, Warsaw rules apply, and your financial exposure is considerably higher.
Warsaw Convention coverage - edge cases
FAQs
There isn't always a simple answer. What applies depends on which countries are involved and which version of the treaty they've adopted. In practice, this is usually determined by the airline or the court handling the claim, not something passengers can easily confirm themselves.
The Warsaw Convention was designed at a time when airlines wanted predictable, limited liability. Using weight instead of value creates a fixed formula, but it often means compensation doesn't reflect what was actually inside your bag.
Yes. Compensation is based on the recorded weight of your checked baggage, not what you believe it weighed. If there's no clear record, airlines may rely on standard allowances or their own system data.
In some cases, different legal frameworks can apply across a journey, especially if multiple countries or airlines are involved. However, the journey is often treated as a single contract of carriage, meaning one system usually governs the claim as a whole.
Most have, but not all. Some countries have not ratified Montreal or may still apply older Warsaw-system rules in certain situations, which is why the older framework hasn't completely disappeared.
Airlines don't choose which rules apply. The applicable treaty depends on the countries involved in your journey and their treaty obligations, not airline policy.
Sources: Warsaw Convention (1929, amended 1955) · Montreal Convention (ICAO, 1999) · International Monetary Fund (SDR) · Canadian Transportation Agency · ICAO signatory list