How The Montreal Convention Protects Your Luggage When Traveling Internationally (2024)

Did something happen to your luggage? Fear not—the law is on your side.

The Montreal Convention is a treaty with nearly all developed nations, including the U.S. It creates strict rules for how airlines handle claims for luggage delay, loss or damage compensation.

This article provides an overview of how the Montreal Convention protects travelers, but it is not legal advice and does not replace the professional opinion of your attorney.

Montreal Convention History

In the early days of aviation, crashes were an unfortunately common occurrence, and the injury or death of passengers proved incredibly costly to airlines and their insurers. With potential unlimited liability, insurers were wary of issuing policies to airlines. By limiting damage awards through international treaties, insurers gained sufficient confidence to issue airline policies and foster a prosperous aviation industry. In 1929, the Warsaw Convention was born, limiting the value of claims travelers could make against airlines.

In 1999, the International Civil Aviation Organization, a United Nations body, held a convention in Montreal, Canada, with the goal of modernizing the Warsaw Convention. Today, the Montreal Convention is ratified in over 130 countries, including most with sophisticated aviation systems.

When Traveling Abroad, the Montreal Convention Likely Applies

With some exceptions, the Montreal Convention applies when passengers travel on an airline reservation that includes travel between two countries which ratified the treaty. If travel is entirely domestic, then the Montreal Convention does not apply. This is also the case if one of the countries involved has not signed either the Montreal Convention or the Warsaw Convention. Both countries must be parties to at least one of the two Conventions, with at least one being part of the Montreal Convention for it to apply.

For example, travel from Los Angeles to Tokyo would be covered by the Montreal Convention, as travel is international between two treaty countries. However, travel from Los Angeles to New York City is not. If travel is entirely domestic, then local law applies. In the United States, the Department of Transportation rules govern domestic travel.

Domestic connections with an international destination are covered if the connecting flight is on the same ticket as the international flight. If you travel from Los Angeles to Frankfurt via New York City, and your luggage is damaged on the first domestic flight, the Montreal Convention applies. But, if your domestic and international flights are on separate tickets, then your domestic flight is not covered.

Considering the wide adoption of the Montreal Convention, these scenarios apply to nearly all international air travel. Rare exceptions, like travel between two countries not part of any convention, may complicate matters.

What’s Covered by the Montreal Convention

When traveling on a ticket subject to the Montreal Convention, the airline is responsible for your luggage from the moment it is checked until you collect it at the other end. If it is not delivered in the same condition at the same time you arrive at your destination, the Montreal Convention is triggered.

Maximum Compensation

For each form of luggage compensation, the airline’s liability is capped at 1,288 Special Drawing Rights (SDR). An SDR is a “basket” of currencies and 1,288 SDR is worth roughly $1,731 as of January 2023.

This limit is a hard cap. If your luggage is lost and is worth $3,000, the airline is only responsible for up to 1,288 SDR.

With some airlines, you can increase the liability limit by paying an “excess value” charge when checking your bag. For example, American Airlines will allow you to increase the 1,288 SDR cap by paying $5 for each $100 of increased value, up to a total value of $5,000. If your luggage is particularly valuable, this is something to consider.

You may also consider purchasing travel insurance if your luggage is worth more than 1,288 SDR.

Baggage Delay

The Montreal Convention makes airlines responsible for baggage delay, unless the airline can prove it took “all measures that could reasonably be required to avoid the damage or that it was impossible to do so.” In practice, this is a challenging standard for airlines to meet, and is usually reserved for serious events like terrorism, natural disasters, etc.

If your baggage does not arrive at the same time you arrive at your destination, it is considered delayed. This is true even if the airline gets your luggage to you within hours—one hour of delay is a delay nonetheless.

When your bag is delayed, you should immediately make a complaint at the airport. Make sure to get proof of your claim. Usually, you will receive a tracing number for the delayed baggage.

After receiving your baggage, you must make a written complaint to the airline within 21 days. Complaints can be made via email, fax or mail. Your complaint should include all relevant details of your claim and copies of receipts for items you are seeking reimbursem*nt. You should reference that you are seeking reimbursem*nt for expenses pursuant to Article 19 of the Montreal Convention, which makes airlines responsible for luggage delay.

If during the delay you need to purchase items that were in the delayed baggage, you are entitled to reimbursem*nt. For example, if you have a business meeting immediately after landing and your suit is in the delayed baggage, you can purchase a suit and are potentially entitled to reasonable reimbursem*nt. Similarly, if your baggage is delayed for days, you might need to purchase clothing, hygiene products, etc., all of which are potentially reimbursable expenses. Keep all of your receipts.

You have an obligation to act reasonably and mitigate your expenses. If your cheap polyester suit is delayed, it would be unreasonable for you to purchase a fine woolen suit and expect reimbursem*nt.

Sometimes airlines will attempt to limit their liability by proactively offering a set amount for each day of delay (for example, SWISS Air Lines says it will reimburse a maximum of $100 to $300 for baggage delay). You can safely ignore the airline in these cases since the maximum liability is established by the Montreal Convention which supersedes an airline contract or policy.

Luggage Loss

Luggage is considered lost if the airline admits that it’s lost or 21 days after it was supposed to arrive. The airline must reimburse the value of what was lost.

As with delayed baggage, you should immediately make a complaint at the airport. At this time, the airline will start looking for your bag and issue a tracing number.

After 21 days, if the bag is not found, it is deemed lost. The airline must compensate you for the value of what was lost, up to approximately $1,731.

So if you’re flying with grandma’s jewelry, either purchase top-up insurance or carry it with you, since the airline’s maximum liability may not cover its value (assuming the gold is real, of course!).

If your luggage is lost, contact the airline in writing, by fax, email or mail. Your complaint should include a list and corresponding value of what was lost. While providing receipts can make your claim easier, they are not required. Mention that you are making your complaint pursuant to Article 17 of the Montreal Convention, which makes airlines responsible for the loss of checked luggage.

Baggage Damage or Destruction

Airlines are responsible for damage or destruction to checked luggage.

If your luggage arrives damaged or destroyed, immediately make a claim with the airline at the airport. You must complain within seven days of receiving your luggage or your claim may be rejected. Complaints must be in writing, and can be made via email, fax or mail.

Take photos of any damage, and, if you incur expenses repairing or replacing items, keep your receipts. The airline may choose to reimburse you, repair damage or replace items.

Remember that the airline is only responsible to compensate you up to approximately $1,731. So you might want to think twice about checking your 1958 Gibson Les Paul, since the airline won’t reimburse you in full if it gets destroyed.

In your complaint, note that it is made pursuant to Article 17 of the Montreal Convention, which makes airlines responsible for damage or destruction of checked luggage.

The airline is responsible for your luggage from the moment you check it until it’s returned. The airline might say that airport security damaged luggage. If this happens, push back, because the airline is responsible for damage while it is under its control, even if security or someone else caused it.

How To Enforce Your Rights

Your rights are clearly established by the Montreal Convention, and there is little room for interpretation. Make sure you always follow the timelines described above, or you may lose any rights to compensation.

Make sure you reach out to the airline and try to resolve the complaint first. If you don’t get full compensation at first, escalate your complaint to a supervisor and make it clear that you’re claiming your rights under the Montreal Convention.

If, after speaking with a supervisor, you are unable to resolve your claim, make a complaint with the U.S. Department of Transportation (DOT) online. Airlines are required to acknowledge the complaint within 30 days and must respond in writing within 60 days. Valid claims are usually resolved at this stage since airlines are well-aware of their obligations.

Should the airline continue to reject your claim, the DOT may review your complaint and determine whether the airline broke the law and issue an enforcement action.

Bottom Line

When traveling internationally, your luggage is likely protected by the Montreal Convention in the event of delay, loss or damage. There are strict rules requiring airlines to compensate you. In turn, you must file a claim in writing and on time. Compensation is limited to 1,288 SDR (~$1,731), so consider purchasing additional protection if your luggage is more valuable.