Montreal Convention
The Montreal Convention is a treaty that sets airline liability for injuries, lost or damaged bags and delays on international flights.
Also called: Montreal Convention 1999, Convention for the Unification of Certain Rules for International Carriage by Air, MC99
The Montreal Convention is a treaty that sets airline liability for injuries, lost or damaged bags and delays on international flights.
What it means
The Montreal Convention is a 1999 treaty that governs airline liability on international flights. It covers passenger death or injury, lost, damaged or delayed baggage, and damage caused by delay. It entered into force on 4 November 2003, and the United States is a party.
It applies to international carriage between two countries that are parties, or within one country if there is an agreed stop in another. It pays for proven losses, up to limits counted in Special Drawing Rights, an IMF unit whose dollar value changes daily. Since 28 December 2024, the limits are 1,519 SDRs for baggage and 6,303 SDRs for delay, per passenger.
Deadlines are short. For damaged checked baggage, you must complain in writing within seven days of receiving it. For delayed baggage, the deadline is 21 days from when it is placed at your disposal. A lawsuit must be filed within two years of arrival. An airline is not liable for delay if it proves it took all measures that could reasonably be required or that taking them was impossible.
What it means for you
For lost, damaged or delayed bags on an international trip, this treaty is your legal baseline. Report the problem at the airport and send a written claim quickly, since the seven-day and 21-day deadlines are strict. Keep receipts for essentials you had to buy and photos of any damage. Unlike EU261, it does not pay a fixed sum for a delay, so you generally need to show a loss. A trip entirely within one country is not covered. DOT's refund rule can return checked bag fees on late bags.
Example
Say you fly from New York to Madrid and your checked bag arrives four days late. You buy clothes and toiletries for $180 and keep the receipts. Within 21 days of the date the bag was placed at your disposal, you send the airline a written claim with the receipts. The airline can pay your proven costs, up to the treaty limit for baggage.
FAQ
Under the treaty, complain in writing within seven days of receiving damaged checked baggage, or within 21 days of when delayed baggage is handed to you. For a lawsuit, the deadline is two years from the date of arrival.
No. It covers international carriage as the treaty defines it. A trip between two points in one country with no agreed stop in another country is not covered.
Related terms
- Montreal Convention text, Official Journal L 194 (EUR-Lex)
- ICAO, 2024 revised limits of liability under the Montreal Convention
- ICAO, Montreal Convention status list of parties
- IMF, Special Drawing Rights fact sheet
Updated Oct 18, 2026. Plain-English definitions for general information — not legal or tax advice.