The Convention for the Unification of Certain Rules for International Carriage by Air was signed in Montreal on 28 May 1999 and has applied since 4 November 2003.
It is the reason a baggage claim works much the same way in Lisbon, São Paulo and Chicago. Unlike EU261, it pays nothing automatically. It makes the airline liable for losses you can prove, up to a ceiling.
Where it applies
It covers international carriage where the place of departure and the place of destination are in two member countries, or in the same member country with an agreed stop abroad (Art. 1). A return ticket from a member country counts, because departure and destination are the same place.
More than 140 parties have joined, including every EU state and the EU itself, the United Kingdom, the United States and Brazil.
For domestic flights:
- EU: the same liability rules apply to all flights by EU airlines, domestic ones included (Regulation (EC) No 2027/97).
- Brazil: domestic flights follow the consumer code instead; see ANAC Resolution 400.
- US: domestic baggage follows DOT rules.
Baggage (Arts. 17 and 22(2))
The airline is liable for destruction, loss or damage to checked baggage if the event happened on board or while the bag was in its charge. It is not liable to the extent the damage came from an inherent defect of the bag.
For cabin baggage it is liable only if at fault (Art. 17(2)).
A bag is treated as lost when the airline admits it, or when it has not arrived 21 days after it should have (Art. 17(3)).
Delay of baggage falls under Article 19: the airline is liable unless it proves it took all measures that could reasonably be required, or that such measures were impossible.
Delay to passengers (Arts. 19 and 22(1))
The same Article 19 covers damage caused by delay in carrying passengers: a prepaid hotel night you lost, a missed onward ticket, extra transport. You have to show the loss and the link to the delay. This sits beside fixed-sum compensation for a flight delay, not in place of it.
Liability limits since 28 December 2024
The limits are expressed in Special Drawing Rights (SDR), an IMF unit, and are reviewed every five years (Art. 24). The current figures took effect on 28 December 2024.
| Type of claim | Article | Limit per passenger | Previous limit |
|---|---|---|---|
| Baggage: destruction, loss, damage or delay | 22(2) | 1,519 SDR | 1,288 SDR |
| Delay in carriage of passengers | 22(1) | 6,303 SDR | 5,346 SDR |
| Death or injury, first tier | 21 | 151,880 SDR | 128,821 SDR |
Three points about the baggage limit:
- It is a ceiling. A court awards the proven loss up to that amount.
- It covers material and non-material damage together (CJEU, Walz, C-63/09).
- It can be lifted by a special declaration of interest at check-in (Art. 22(2)), and it does not apply at all if the damage resulted from an act or omission done with intent or recklessly (Art. 22(5)).
Good to know
Contract terms that set a lower limit are void (Art. 26).
Deadlines
| Step | Deadline | Article |
|---|---|---|
| Written complaint, damaged checked bag | 7 days from receipt | 31(2) |
| Written complaint, delayed bag | 21 days from the day the bag is placed at your disposal | 31(2) |
| Court action | 2 years from arrival, or from when the aircraft ought to have arrived | 35 |
Deadline
Without a complaint in time, no action lies against the airline except in case of fraud on its part (Art. 31(4)).
Complaints must be in writing (Art. 31(3)). A claim letter template for baggage is on our letter page.
Tip
For a bag that never arrives, the Convention fixes no complaint deadline, but report it at the airport and get a Property Irregularity Report with a reference number.
The two-year period is strict. In Brazil, STF Tema 210 concerns limits on compensation for lost baggage under the Warsaw Convention; the STF page, opened on 16 October 2026, does not show the thesis.
Where you can sue
Article 33 lets you choose: the court of the airline’s domicile or principal place of business, the place where the ticket was bought through the airline’s establishment, or the place of destination. All must be in a member country.
How it combines with EU261
The two sets of rules do different jobs, and the Court of Justice has held that they are compatible (CJEU, IATA and ELFAA, C-344/04).
| EU261 / UK261 | Montreal Convention | |
|---|---|---|
| What it pays | Fixed sum for lost time, plus care | Individual, proven loss |
| Proof of loss | Not needed | Needed |
| Baggage | Not covered | Covered |
| Time limit | National law | 2 years |
You can claim under both for the same flight. Article 12 of Regulation 261/2004 preserves the right to further compensation and allows the fixed sum to be deducted from it. The practical order is in how to claim, and bag-specific steps are in lost baggage.