Montreal Convention: How to Claim for Lost, Delayed, or Damaged Baggage

What is the Montreal Convention?

The Convention for the Unification of Certain Rules for International Carriage by Air (Montreal, 1999) — commonly known as the Montreal Convention — is an international treaty that governs airline liability for passenger injury, death, delayed flights, and baggage issues on international routes. Over 130 countries have ratified it, including Canada, the US, the UK, and all EU member states.

For domestic flights, each country's own regulations apply (the APPR in Canada, DOT rules in the US, etc.).

Liability limits under Articles 17, 19, and 22

The Convention uses Special Drawing Rights (SDR) — an IMF currency basket — as its unit of account. The current limit for baggage claims is 1,288 SDR per passenger, which translates to approximately $2,350 CAD / $1,900 USD at current exchange rates (check the IMF website for the latest conversion).

• Article 17 — Lost or destroyed baggage: Airline is liable up to 1,288 SDR. You must show the value of what was lost.
• Article 19 — Delayed baggage: Airline is liable for documented expenses incurred because of the delay (e.g., clothes, toiletries you had to buy). Limit is also 1,288 SDR.
• Article 22 — Declared excess value: If you declared a higher value for your luggage at check-in and paid a surcharge, the airline's liability increases accordingly.

Note: Airlines often try to apply their own lower tariff limits. A letter citing the specific Montreal Convention articles usually overrides this — the Convention supersedes any lower airline tariff under Article 26.

Critical deadlines — don't miss these

Missing these deadlines can void your claim entirely under Article 31:

• Damaged baggage: File a written complaint with the airline within 7 days of receiving your bag.
• Delayed baggage: File within 21 days of the date the baggage was returned to you.
• Lost baggage: An airline typically declares baggage lost after 21 days. Once declared lost, you have the applicable national limitation period (usually 2 years under Article 35) to file a civil claim.

⚠ Important: If you discover damage to your bag after leaving the airport, go back or contact the airline immediately. Verbal notices are not sufficient — the complaint must be in writing.

Step-by-step baggage claim process

1. At the airport — file a Property Irregularity Report (PIR). Before you leave the baggage claim area, report the issue at the airline's baggage desk and get a written PIR reference number. This is essential documentation.
2. Keep all receipts. For delayed baggage, every expense you incur while waiting (clothing, toiletries, medications) is reimbursable. Keep every receipt.
3. Document the contents and value. For lost or damaged items, create an itemized list with approximate values. Purchase receipts or photos help, but are not strictly required.
4. Send a formal written claim to the airline. Cite Montreal Convention Articles 17/19 and 22, the 1,288 SDR limit, and your specific losses. Set a 14-day response deadline.
5. Escalate if ignored. In Canada: Canadian Transportation Agency. In the US: DOT Aviation Consumer Protection. In the EU: your national enforcement body.

Tips that maximize your claim

• Take photos of your bag before checking it. A photo showing the bag in good condition at the airport is strong evidence against damage claims.
• Save the original purchase receipts for valuable items. Electronics, jewelry, and cameras have high values — receipts let you claim the full amount.
• Check your credit card benefits. Many premium credit cards include baggage delay/loss coverage that supplements what the airline pays.
• Reject vouchers unless they equal the cash amount. Airlines often offer travel vouchers instead of cash. You have the right to cash compensation under the Convention.