Montreal Convention: Your Rights in Case of Baggage Issues

Compensation Under the Montreal Convention: Rights and Claims at a Glance

• Scope: The Montreal Convention regulates compensation on international flights – especially for lost, damaged, or delayed baggage as well as personal injury.
• Baggage loss or damage: Passengers can claim compensation of up to approx. €1,300 (1,288 SDR) if checked baggage is lost or damaged.
• Baggage delay: Reimbursement for necessary replacement purchases is possible, e.g., clothing or hygiene items during the waiting period.
• Personal injury: In cases of injury or death, the airline is generally liable regardless of fault up to 128,821 SDR; beyond that only if no fault exists.
• Deadlines: Baggage damage must be reported to the airline in writing within 7 days; baggage delay within 21 days.
• Burden of proof: Passengers should keep receipts, photos, baggage tags, and PIR reports (Property Irregularity Report) to successfully assert claims.
• Tip: Many airlines initially reject compensation. Providing written proof of all circumstances and deadlines significantly increases the chances of successful compensation.

The Montreal Convention offers strong international protection for air travelers – especially regarding baggage. Many affected passengers don’t know they have clear, enforceable rights that often apply even when the airline initially refuses.

• 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

The amount of compensation you can receive in these cases is a maximum limit of 1 131 SDRs, or Special Drawing Rights. 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.

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?

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.

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: