If something goes wrong with your luggage on an international flight, you’ll be relieved to know that you have passenger rights protections under the rules of the Montreal Convention. This international treaty covers flight delays and cancellations as well as bodily damages, but in this guide, we’re going to focus on how it protects you if your baggage is delayed, lost, or damaged and how much compensation you’re entitled to.
What is the Montreal Convention?
The Montreal Convention (MC99)1 is a global treaty signed in 1999 and put into practice in 2003. It enforces airline liability for:
- Damages to physical health,
- Flight delays and cancellations, and
- The loss and/or damage of luggage and cargo during international travel
For you as a passenger, this means that you can claim up to approximately $2,080 (€1,920) if you can prove financial loss caused by lost, damaged, or delayed luggage.Start your claim now
Which Countries Have Signed the Montreal Convention?
Currently, over 135 countries and territories have agreed to the terms of the Convention, including all member states of the European Union and a majority of the UN member states.
This means that almost every major aviation hub around the globe abides by its rules.
Countries that have ratified the Montreal Convention include the following:
- The United States
- Canada
- The United Kingdom
- All European Union States
- South American countries, including Mexico, Brazil, Chile, Argentina, and Peru
- Asian countries including China, India, Japan, Korea, Thailand, and Sri Lanka
- Middle Eastern countries including Saudi Arabia, UAE and all GCC2 countries, Turkey, and Israel.
- Oceania including: Australia, Indonesia, New Zealand, and Brunei
- Africa including South Africa and 22 other African Countries
You can find a complete list of countries who have ratified the Montreal Convention here.
Who is Protected by the Montreal Convention?
The Montreal Convention protects airline passengers who fly between two countries that have ratified the treaty. It does not apply to domestic flights. So, if you are flying between the United States and the United Kingdom for example, and your baggage is mishandled, the Convention would protect you.
Even though domestic flights are not covered, the treaty does make an exception for domestic flights within the European Union. In other words, if you fly from Germany to France, the Montreal Convention goes into effect.
You’re also protected if you happen to have a stopover in a different country. For instance, if you are flying from Minneapolis to Anchorage, Alaska with a stopover in Calgary International in Canada, then the Convention would also protect you.
If you’ve had multiple connections, then you can decide which airline to claim compensation from. Also, it doesn’t matter if you fly with a low cost, charter, or legacy carrier. They all must comply with the rules.
If you have a flight between two countries and only one is ratified under the Montreal Convention, then you will be protected by the Warsaw Convention3. The rules of this treaty are similar to the Montreal Convention, but its liability limits are considerably lower at $20 per kilogram.
Baggage Mishandling Covered by the Montreal Convention
If you’re on an international flight, both your checked and cabin baggage are protected by the treaty rules. Any piece of luggage not delivered to you in the same condition and time as you arrive at your destination is eligible for compensation.
Baggage delays are defined as any piece of luggage that does not arrive at your destination the same time you do, but it is only considered lost if it has been missing for 21 days.
Damaged baggage is any kind of physical damage to the luggage itself as well as its contents unless the bag had existing or inherent defects, was packed improperly, or happened because of extraordinary circumstances beyond the airline’s control.
Try to avoid packing fragile and valuable items in your checked luggage because airlines will usually not cover the cost if they are broken or destroyed. If you must pack them then consider buying baggage insurance just in case.
Compensation for Baggage Mishandling
Because the Montreal Convention is an international treaty, the compensation airlines are required to pay is measured in Special Drawing Rights or SDRs4, which is the combined value of multiple currencies.
So, if your baggage is mishandled, your compensation would be based on the value of 1,519 SDRs, which amounts to roughly $2,080 (€1,920). This is the maximum amount that you could receive from the airline, regardless of the value of your luggage. Also, remember that currencies fluctuate, and this will affect the amount of money you could receive.
Tips for a Successful Baggage Mishandling Claim
It’s important to take certain steps immediately when you learn that you have a baggage issue. Also, if you choose to file a compensation claim, you have up to 2 years to do so.
Delayed Luggage
If you’re flying internationally and your baggage is delayed, here are the steps you should take:
- File a Property Irregularity Report with your airline at the airport or at the Lost & Found if airline staff is unavailable. Remember to keep a copy of your report and all other relevant paperwork including your original flight itinerary or boarding pass(es).
- Ensure that your baggage incident report is properly registered, and that you get a reference number assigned to your case. The reference number will be essential if you submit a claim with the airline.
- Submit a written complaint to the airline within 21 days of getting your luggage back. Be sure to include all relevant details and copies of receipts for any items for which you’re seeking reimbursement.
- Keep essential purchases within reason: If you’ve had to buy anything because of your baggage delay (like toiletries or clothes), you may be eligible for reimbursement. Keep in mind that you can’t go on a spending spree and still be reimbursed. It’s your responsibility to keep your purchases within reason.
Lost Luggage
For lost luggage on an international flight, you’ll want to follow similar steps as you would for delayed luggage.
- Report your lost luggage with the airline or at the airport Lost & Found, and complete a Property Irregularity Report. You should do this as soon as you realize that it hasn’t arrived with you.
- When you make the report, make sure it is properly registered and that you are given a reference number. This reference number will be essential if you raise a claim with the airline.
- After 21 days, contact the airline in writing, and tell them what you’ve lost and the estimated value. Airlines might have shorter time periods for declaring a bag lost, so check with the carrier’s contract of carriage to see if you can submit a claim sooner. When you contact the airline, you can also tell them that you are issuing a complaint based on Article 17 of the Montreal Convention.
Damaged Luggage
For damaged luggage, follow these steps as soon as possible after you realize that your luggage has suffered damage:
- Report the damage to the airline, ideally while you’re still at the airport. Be sure to keep the PIR info so you can refer to it in your claim. You have a 7-day window from the time you receive your luggage to report damage.
- Gather as much evidence as possible to back up your claim. Take photos, and if you have to purchase anything to replace what’s been damaged, make sure you keep the receipts.
- Contact the airline in writing. Visit the airline’s website and look for their baggage page. You should find a form or an email address where you can upload your supporting documents and provide a written request for compensation.
Filing claims under the Montreal Convention can be frustrating and complicatedTrusted by 800,000+ clients with a 98% success rate, you can trust AirAdvisor to help you get you the compensation you deserve!Start your claim today
Sources:
4 2019 Revised Limits of Liability Under the Montreal Convention of 1999
