Montreal Convention

Content of the Montreal Convention

The Montreal Convention for the Unification of Certain Rules for International Carriage by Air, more commonly known as the Montreal Convention, is, alongside EU Regulation 261 / 2004, the most important legal basis for international air travel. It mainly regulates liability for damages that may incur in the international carriage of air passengers, as well as in the transport of baggage and freight. Signed in 1999, the Montreal Convention is the most recent successor to the 1929 Warsaw Convention, which was drawn up to simplify and harmonise the various rules regarding international air transport.

The following factors make up the main content of the agreement:

• Liability for delayed, damaged or lost luggage
• Liability for passenger injury or death
• Liability for freight

Within this article, we will focus on the compensation and rules related to delayed, damaged or lost luggage.

Montreal Convention: Compensation for baggage

In the unfortunate event that your baggage arrives late, is damaged or is never to be seen again, you have a right to compensation under the Montreal Convention. The amount of compensation you can receive in these cases is a maximum limit of 1 131 SDRs, or Special Drawing Rights. This is an artificial currency created by the International Monetary Fund. The use of SDRs allows for conversion into local currencies, as the Convention applies worldwide. As with standard currencies, SDRs are subject to fluctuations of the financial market. For this reason, the maximum amounts for liability are reviewed every five years and since 1999, when the Montreal Convention was first drawn up, this limit has grown from 1000 SDRs to 1 131 SDRs. As of May 2019, 1 SDR equals 1.24 € and 1 131 SDRs equals approximately 1 500 €.

This amount, which must be paid by the airline, is to cover:

• In the case of delayed baggage, the costs for emergency purchases, such as underwear and toiletries, but only those purchases made when the baggage had not yet arrived.
• When baggage is damaged, repair or replacement of the bag’s value or its contents when damaged.
• If baggage is lost, reimbursement of the costs of emergency purchases, as well as the current value of the bag and its contents.

It is highly recommended to insure any particularly valuable baggage and contents before travelling, in order to protect yourself in the event you experience any disruptions while travelling. If you do so, the maximum liability limit can be increased; however, a statement must be completed, and a surcharge paid.

Check your baggage compensation claim

We are currently building our compensation calculator, which will allow you to immediately check your claim for compensation, whatever baggage issue has occurred during your journey, by simply adding your flight number and date. This service will be free of charge. Should you then decide to assign us to process your claim, you will easily be able to do so through our website. Any further queries can be answered by contacting MYFLYRIGHT. Leave your email address and we will inform you as soon our luggage service goes live.

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Montreal Convention: Countries where it applies

The Montreal Convention is an agreement that has worldwide validity and has been ratified by 136 states, including those in the European Union. For non-contracting states, the 1929 Warsaw Convention usually still applies.

A list of members of the Montreal Convention can be found here.

Montreal Convention for international travel

The Montreal Convention applies to any international carriage between contracting states, of passengers, baggage or goods. Transport between two places within the same country is not protected by the agreement, except for domestic flights within the EU, which are covered thanks to the implementation of the Montreal Convention with EU Regulation 889 / 2002. Additionally, flights which have a departure and arrival point in the same contracting state, which have a stopover in another state, are covered, regardless whether the stopover is in a contracting state or not.

Below are some examples to outline this more clearly:

1. A flight from Germany to Spain is covered by the Convention, as both are contracting states.
2. A domestic flight within Brazil from Sao Paulo to Rio de Janeiro is not covered, as the Convention applies only to international flights. The same route would be valid instead in case of a stopover in another country (whether it would be contracting state or not)
3. A flight within Germany from Hamburg to Munich without a layover in a foreign country is covered though due to the applicable exception in the European Union.

The following table further illustrates flight routes where the Montreal Convention applies.

Damaged baggage: Who is liable?

The Montreal Convention is applicable to both checked and unchecked baggage. The aircraft must compensate for any damage to baggage while it is under its care. However, where the damage is due to the nature of the baggage itself, or there was an already existing defect, the airline cannot be held responsible. For example, if you pack fragile glasses in a suitcase designed only for soft luggage, you will not be compensated by the airline. In order to prove any damage was incurred during transit or while under the care of the airline, it is a good idea to take a photo of your luggage prior to checking in. You will therefore have evidence that your bag was not damaged before this point.

There are also limitations for liability when it comes to hand luggage and personal items. For these, the airline can only be held responsible if the damage was caused by the airline or its employees.

The following table gives you an overview of the cases in which the airline is liable for baggage damage:

Montreal Convention: Baggage claim deadline

When your luggage is damaged or has not arrived at your destination, you must go immediately to the complaints desk at the airport. You will need to present your baggage tag, which you will have received during the check-in process and fill in a claim form, officially known as the Property Irregularity Report (PIR). It is important to keep your copy of the PIR safe as it is a key piece of evidence. With this form, you will be given a transaction number, with which you can track your baggage using the worldwide electronic baggage tracking system.

Baggage compensation claim checklist

Before you enforce your rights and claim for any baggage issues, it is essential to gather all necessary documentation in order to ensure the most successful outcome. The more evidence you can provide, the more likely it is that you will receive the compensation you deserve.

Here is a checklist of all necessary information you should collect.

Lost, damaged or delayed baggage letter template

In order to make it easier for you to claim independently, we have created a letter template, which you can download here:

Open letter template

The following steps should be followed:

Step 1: You have filled out the PIR at the airport and have your own copy. After this, according to the deadlines appropriate to your case, you must inform the airline in writing that you wish to claim for compensation. You can either write the letter yourself or use our letter template. If you choose to use the template, there is the option of filling it in online and emailing it, or printing it out, then filling it in and mailing it. Remember to include all necessary documents and receipts – when emailing, you can scan these. If you choose to mail your letter, it is advisable to opt for registered post to have a record of when it was received by the airline. This can be used as evidence against the airline in the event the case goes to court in the future.

The following should be included in the letter: