International passenger rights

Montreal Convention passenger rights: baggage, delays and compensation

The Montreal Convention is a global liability framework for many international journeys. It can matter when baggage is lost, damaged or delayed, and when a passenger suffers provable financial damage because of a flight delay.

It works differently from EU261 and UK261: the question is usually what damage you can prove, not whether a fixed compensation band applies.

Montreal Convention overviewThe Montreal Convention (MC99) is an international treaty that sets airline liability rules for qualifying international carriage. For most passengers, it is especially relevant to baggage loss, damage or delay and to provable financial damage caused by passenger delay. It also governs airline liability for passenger death or bodily injury, although personal-injury claims are outside the practical focus of this guide.

Montreal Convention compensation is not a fixed payout

The Convention sets liability rules and limits. A limit such as 1,519 SDR does not mean every baggage problem pays 1,519 SDR. Your recoverable amount depends on the damage or loss you can establish, subject to the Convention and its defenses.

01 · Coverage

When does the Montreal Convention apply?

Article 1 defines international carriage more precisely than a simple “international flight” label. It includes carriage where, under the parties' agreement, departure and destination are in two States Parties. It can also apply where departure and destination are within one State Party but there is an agreed stopping place in another State, even if that other State is not a party to the Convention.

Think journey, not airline nationality

Unlike some EU261 route tests, Montreal Convention coverage is not simply about whether the operating airline is European. The international carriage described in the contract and the treaty status of the relevant States matter.

It can sit alongside other passenger rights

A disrupted flight can raise more than one legal framework. EU261 or UK261 may address standardized disruption compensation, while the Montreal Convention may be relevant to separate proven delay or baggage damage.

02 · Liability limits

The two numbers passengers are most likely to encounter

ICAO's revised Montreal Convention limits took effect on 28 December 2024. SDR means Special Drawing Right, an international reserve asset defined by the IMF. Its EUR, GBP, USD and other currency equivalents move over time, so the figures below are deliberately shown in SDR rather than a potentially stale currency conversion.

Baggage liability limit1,519 SDR

Per passenger for destruction, loss, damage or delay of baggage, subject to the Convention.

Not an automatic award. Evidence of the actual loss still matters.
Passenger delay liability limit6,303 SDR

Per passenger for damage caused by delay in the carriage of passengers, subject to the Convention's liability rules and defenses.

This is different from fixed EU261/UK261 compensation.
Start here

What happened to you?

Use the incident first, then check the legal details. These are practical starting points, not automatic outcomes.

7

Bag arrived damaged

Photograph it, report it promptly and make the required written complaint within 7 days after receiving checked baggage.

21

Bag arrived late

Keep essential-purchase receipts. For baggage delay, written complaint is due within 21 days after the bag is placed at your disposal.

?

Bag is still missing

If the carrier admits loss, or checked baggage has not arrived 21 days after it should have arrived, Article 17(3) allows the passenger to enforce rights arising from the contract of carriage.

£

Delay caused financial loss

Keep proof of the actual loss and how the delay caused it. Article 19 also gives the carrier a defense if it proves the required reasonable measures were taken, or were impossible.

3h

You simply arrived very late

Also check EU261 or another applicable passenger-rights regime. Montreal delay damages and fixed disruption compensation are different questions.

i

Checked or cabin baggage?

The Convention treats them differently. Checked baggage has a specific liability regime; for unchecked baggage and personal items, carrier liability depends on fault of the carrier, its servants or agents.

03 · What can go wrong

Baggage and delay claims follow different paths

Damaged baggage

Document the condition immediately, report the damage to the airline and keep repair or replacement evidence. Written notice deadlines can be short.

Delayed or lost baggage

Keep the baggage tag and irregularity report. For delayed baggage, retain reasonable essential-purchase receipts. A bag that remains missing can later be treated as lost under the Convention's rules. For the practical reporting sequence, evidence checklist and claim deadlines, see our lost, delayed or damaged baggage compensation guide.

Passenger delay damage

Montreal can address provable damage caused by delay. That is not the same question as whether a long arrival delay qualifies for a fixed EU261 or UK261 payment.

04 · Time matters

Written complaint deadlines can be much shorter than expected

Article 31 sets specific written-notice periods for baggage complaints. Article 35 separately sets a two-year period for the right to damages under the Convention.

7 days

Damaged checked baggage: complain in writing to the carrier no later than seven days after receiving the baggage.

21 days

Delayed baggage: the written complaint must be made no later than 21 days from the date the baggage was placed at your disposal.

2 years

Bringing an action for damages: Article 35 provides that the right to damages is extinguished if an action is not brought within two years, calculated under the Convention's rules.

These are different clocks. The 7-day and 21-day periods are written baggage-complaint deadlines under Article 31. The two-year period in Article 35 concerns bringing an action for damages and should not be treated as permission to postpone the airline complaint. Report baggage problems promptly and keep proof that the written complaint was sent.

05 · Avoid a common mix-up

Montreal Convention vs EU261 / UK261

Montreal Convention

  • International-carriage liability framework
  • Important for baggage loss, damage and delay
  • Can cover provable damage caused by passenger delay
  • Uses SDR liability limits
  • Recovery generally depends on the loss or damage established

EU261 / UK261

  • Regional passenger-rights regimes
  • Can provide standardized compensation for qualifying delay, cancellation or denied boarding
  • Eligibility depends on route, carrier and disruption rules
  • Fixed compensation bands can apply when conditions are met
  • Care and rerouting/refund rights may apply separately
06 · Build the file

Evidence to keep before you contact the airline

A stronger claim starts with a clean paper trail

✓ Booking confirmation and e-ticket
✓ Boarding pass
✓ Baggage tag and bag receipt
✓ Incident evidence: Property Irregularity Report, baggage records and photos
✓ Photos of baggage damage
✓ Loss evidence: receipts, repair/replacement evidence and reasonable essential-purchase costs
✓ Written airline correspondence
✓ Evidence connecting claimed costs to the delay or baggage problem
07 · Quick answers

Montreal Convention FAQs

Common questions about baggage limits, overlapping passenger-rights rules and the evidence needed for a claim.

Does the Montreal Convention pay 1,519 SDR for every lost bag?

No. 1,519 SDR is the current baggage liability limit per passenger under the Convention, not a guaranteed flat payment. The actual recoverable amount depends on the loss or damage established and the applicable Convention rules.

Can I claim under both EU261 and the Montreal Convention?

Potentially, because they address different legal questions. A qualifying disruption may trigger standardized EU261 rights while a separate proven loss may raise Montreal Convention issues. You cannot assume the same loss is paid twice, and the facts of the journey still matter.

What is an SDR?

SDR stands for Special Drawing Right. It is an international reserve asset defined by the International Monetary Fund. Montreal Convention limits are expressed in SDR rather than a fixed euro, pound or dollar amount, so the currency equivalent changes.

Is a Property Irregularity Report enough for a baggage claim?

It is useful evidence and should normally be obtained when baggage is missing or damaged, but do not assume it replaces every required written complaint. Keep the report and follow the carrier's written claims process within the Convention's applicable deadlines.

What if the airline says it took all reasonable measures to avoid a delay?

Article 19 provides a defense where the carrier proves that it and its servants and agents took all measures that could reasonably be required to avoid the damage, or that taking such measures was impossible. This is another reason Montreal delay damages should not be presented as automatic compensation.

Primary sources

Official sources used for this guide

ICAO — Montreal Convention 1999 treaty text

ICAO — current treaty parties

ICAO — revised liability limits effective 28 December 2024

Not sure which passenger-rights rules apply?

Start with the route and the type of problem. A baggage claim, a claim for provable delay damage and a fixed disruption-compensation claim are not necessarily the same thing.