What Is the Montreal Convention?
The Montreal Convention 1999 (formally the Convention for the Unification of Certain Rules for International Carriage by Air) is the primary international treaty governing airline liability for baggage. It replaced the older Warsaw Convention and set standardised, enforceable rules on what airlines owe passengers when checked luggage is lost, delayed, or damaged. The Convention has been ratified by over 130 countries, including all EU member states, the United Kingdom, the United States, Canada, and Australia. Any time you check a bag on an international flight operated by a carrier from a signatory country, the Montreal Convention governs your rights — regardless of what the airline's own terms and conditions say.
The Three Baggage Scenarios: Lost, Delayed, and Damaged
The Montreal Convention covers three distinct situations, each with different rules and timeframes. Lost baggage: Your bag is officially classified as 'lost' after 21 days from the date it was due to arrive. Until that threshold, the airline considers it 'delayed.' Delayed baggage: Your bag arrives at the destination but not when you do — it arrives on a later flight or after a significant wait. You are entitled to claim reasonable expenses incurred because of the delay. Damaged baggage: Your bag arrives physically damaged — broken wheels, cracked frame, torn fabric, missing locks, or contents damaged. You are entitled to compensation for the cost of repair or replacement, up to the Convention limit. All three scenarios are covered by a single liability cap — currently set at 1,288 Special Drawing Rights (SDRs) per passenger, which equals approximately €1,550–€1,700 depending on the exchange rate.
What Are SDRs and How Much Is Your Claim Worth?
Special Drawing Rights (SDRs) are an international reserve currency unit defined by the International Monetary Fund (IMF). The Montreal Convention deliberately uses SDRs rather than a fixed currency to keep the compensation limit internationally consistent regardless of exchange rate fluctuations. As of 2026, 1,288 SDRs converts to approximately €1,550–€1,700. This is a per-passenger limit, not a per-bag limit. If two passengers check two bags and both are lost, each passenger can claim up to 1,288 SDRs independently — meaning a couple could recover up to €3,400 combined. You do not automatically receive the full 1,288 SDRs — your claim is assessed against the actual documented value of what was lost or the reasonable cost of what was incurred.
The First Step at the Airport: File a Property Irregularity Report
Before you leave the baggage hall, you must file a Property Irregularity Report (PIR) at the airline's baggage desk. This is a non-negotiable first step — do not leave the airport without it. The PIR is your official record that the airline acknowledged the problem at the point of collection. It contains your bag reference number, a description of the bag, your contact details, and the airline's initial record of the issue. Without a PIR reference number, your claim is significantly weakened. Airlines will frequently challenge claims where no PIR was filed on the day of arrival. If the baggage desk is unstaffed or difficult to locate, ask any airline ground staff to direct you — you have the right to file this report before departing the terminal.
Critical Deadlines You Cannot Miss
The Montreal Convention imposes strict time limits for notifying the airline in writing. Missing these windows can legally extinguish your right to claim. Damaged baggage: You must notify the airline in writing within 7 days of receiving the damaged bag. Delayed baggage: You must notify the airline in writing within 21 days of the date the bag was placed at your disposal (i.e., when it finally arrived). Lost baggage: Officially classified as lost after 21 days — your formal written claim should be submitted promptly once this threshold is reached. These written notices must be dispatched within the window — it is not sufficient to call a customer service line. Send via recorded email to the airline's official claims address and retain proof of submission. The PIR you filed at the airport is not a substitute for the formal written notice — it is a separate, additional requirement.
What You Can Claim for Delayed Baggage
When your baggage is delayed, you are entitled to claim reimbursement for reasonable expenses you incurred as a direct result of not having your belongings. What is claimable: essential toiletries and personal care items, replacement clothing for the duration of the delay, essential medication if it was in your hold bag, replacement business attire if you had a professional obligation. What is not claimable: luxury purchases, items you would have bought anyway, expenses not directly caused by the baggage delay, or speculative losses. Keep every receipt. The key word in the Convention is 'reasonable' — a €40 replacement shirt for a business meeting is reasonable; a €600 designer replacement wardrobe for a weekend trip is not. Document everything with receipts, dates, and a clear explanation of why each purchase was necessary.
What You Can Claim for Lost Baggage
Once your bag is declared lost (after 21 days), you can claim for the value of the bag and its contents up to the 1,288 SDR limit. The airline will not simply pay the limit — you must substantiate your claim. What you need: a detailed contents list with item descriptions, estimated ages, and original purchase prices; receipts or bank statements for high-value items where available; a description of the bag itself including brand, size, and estimated value. Airlines will apply depreciation to second-hand value — a two-year-old laptop originally worth €1,200 will not be assessed at €1,200. However, depreciation calculations must be reasonable — courts have consistently ruled against airlines that applied excessive or arbitrary depreciation. Aria's baggage claim letters cite the applicable depreciation guidelines and challenge unreasonable deductions directly.
What You Can Claim for Damaged Baggage
For physically damaged bags, you are entitled to either the cost of repair or, where repair is not economically viable, the replacement cost of an equivalent bag — up to the SDR limit. The airline will typically offer a low settlement or direct you to a third-party baggage repair service they have contracted. You are not obligated to use the airline's preferred repair contractor. Get an independent repair quote and submit it as your documented claim. If the bag is a total loss (cracked shell, broken frame, destroyed wheels), obtain a quote for an equivalent replacement bag of similar age and quality. Photograph the damage extensively at the airport — multiple angles, close-ups of structural damage, and a photo showing the bag tag still attached confirming airline custody.
What Airlines Do to Reduce or Deny Baggage Claims
Airlines have a well-documented playbook for minimising baggage compensation payouts. Claiming 'wear and tear': Airlines assert that damage was pre-existing or caused by normal handling. Counter this with photographs taken immediately upon discovering the damage, while still at the baggage belt. Claiming 'fragile items': Airlines insert clauses in their terms excluding liability for fragile items inadequately packed. The Montreal Convention overrides domestic terms for items that were in a standard checked bag — document what was packed and how. Offering vouchers: An airline credit voucher offer is not a settlement under international law. You may reject it and pursue cash compensation up to the SDR limit. Delayed responses: Airlines often allow claims to expire by simply not responding. The Montreal Convention two-year legal limitation period applies — do not let delays in correspondence deter you.
The Two-Year Limitation Period
Under Article 35 of the Montreal Convention, you have exactly two years from the date of arrival of the aircraft (or from the date on which the aircraft ought to have arrived) to commence legal proceedings. This is an absolute limit — unlike many domestic consumer law timescales, this one cannot be extended. Most passengers who have valid baggage claims never pursue them simply because they do not know the two-year window exists, or because the airline's stalling tactics consume months of that window. If you filed a PIR, sent the required written notice, and have not reached a satisfactory settlement within the first few months, do not allow further delay — escalate immediately.
How to Make a Formal Baggage Compensation Claim
Step 1 — PIR at the airport: File immediately, obtain the reference number. Step 2 — Written notice: For damage, within 7 days. For delay, within 21 days of receiving the bag. For lost bags, once 21 days have passed since the scheduled arrival. Step 3 — Formal claim letter: Submit a letter citing the Montreal Convention 1999, Article 17(2) for delayed/lost baggage or Article 17(3) for damage, your PIR number, flight details, itemised loss or expenses, and the amount you are claiming. Step 4 — Supporting documents: Receipts, contents list, photographs, replacement purchase receipts for delayed baggage expenses. Step 5 — Escalate if rejected: If the airline rejects or ignores your claim, escalate to the relevant aviation authority or initiate court proceedings. ClaimIt Global's Aria Engine handles Steps 3 through 5 automatically — you provide the flight details and documentation, and Aria generates and dispatches the legally-formatted correspondence.
Does EU261 Also Apply to Baggage Problems?
EU Regulation 261/2004 covers flight disruptions — delays, cancellations, and denied boarding. It does not cover baggage. Baggage issues are governed exclusively by the Montreal Convention. However, the two frameworks can overlap: if your bag is delayed because your connecting flight was cancelled under EU261 circumstances, you may have claims under both regimes simultaneously — EU261 compensation for the flight disruption, and a Montreal Convention claim for the resulting baggage expenses. ClaimIt Global assesses both entitlements on registration, ensuring no recoverable amount is overlooked.
How Aria Pursues Baggage Claims Automatically
ClaimIt Global's Aria Engine applies the same autonomous pursuit model to Montreal Convention baggage claims that it applies to EU261 flight compensation claims. On registration, Aria generates a formal demand letter citing the applicable Convention articles, your documented losses, and the airline's liability. If the airline fails to respond or issues an inadequate offer, Aria escalates through follow-up correspondence, a formal final notice, and a Notice Before Legal Action — all dispatched on defined timelines without any action required from you. Baggage claims are no-win-no-fee: we charge 20% only on amounts actually recovered. There is no charge for an unsuccessful claim. Given the strict 21-day reporting deadlines and the two-year legal window, prompt registration is essential — the earlier Aria begins pursuing the claim, the more of the limitation period remains available for escalation.