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Something happened to your package? Don’t worry, the law is on your side.
The Montreal Convention, a treaty with nearly every developed country, including the United States, lays out strict rules for how airlines handle passenger claims, including compensation for delayed and lost baggage, and liability for death or injury.
This article provides an overview of how the Montreal Convention protects travelers, but it is not legal advice and is not a substitute for the professional opinion of a lawyer.
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History of the Montreal Games
Unfortunately, in the early days of aviation, plane crashes were commonplace, and injuries and deaths of passengers caused huge losses for airlines and their insurers. Due to the potential for unlimited liability, insurance companies were wary of issuing insurance to airlines. Limiting the amount of damages through international treaties gave insurers enough confidence to issue insurance to airlines, helping the aviation industry flourish. In 1929, the Warsaw Convention came into force, limiting the amount of money travelers could claim against airlines.
In 1999, the International Civil Aviation Organization, a United Nations agency, held a conference in Montreal, Canada to modernize the Warsaw Convention. Today, the Montreal Convention has been ratified by more than 130 countries, most of which have advanced aviation systems.
The Montreal Convention is likely to apply when traveling abroad.
With some exceptions, the Montreal Convention applies when passengers travel on an air booking that includes travel between two countries that have ratified the Convention. The Montreal Convention does not apply when the travel is entirely domestic, nor does it apply when one of the countries involved has not signed either the Montreal Convention or the Warsaw Convention. For the Montreal Convention to apply, both countries must be parties to at least one of the two conventions, and at least one of the conventions must be part of the Montreal Convention.
For example, travel from Los Angeles to Tokyo is covered by the Montreal Convention because it is international travel between two treaty countries. However, travel from Los Angeles to New York City is not. If the travel is entirely domestic, local laws apply. In the United States, domestic travel is regulated by Department of Transportation regulations.
Transfers from a domestic flight to an international flight are covered if the connecting flight is on the same ticket as the international flight. If you travel from Los Angeles to Frankfurt via New York and your baggage is damaged on your first domestic flight, the Montreal Convention applies. However, if the domestic and international flights are on separate tickets, the domestic flight is not covered.
Given the Montreal Convention, these scenarios apply to almost all international air travel. Rare exceptions, such as travel between countries that are not party to the Convention, can make things more complicated.
Subject to the Montreal Convention
If you travel on a ticket covered by the Montreal Convention, the airline is responsible for your baggage from the moment it is checked in until you receive it at your destination. If your baggage is not delivered in the same condition upon arrival at your destination, the Montreal Convention applies.
Maximum Compensation
For each baggage claim, an airline’s liability is capped at 1,288 Special Drawing Rights (SDRs). SDRs are a “basket” of currencies, and as of May 2024, 1,288 SDRs is equivalent to approximately $1,705.
This limit is a hard cap: if your baggage is lost and is worth $3,000, the airline will only be liable for up to 1,288 SDRs.
Some airlines allow you to increase your liability limits by paying an “excess value” fee when checking your baggage. For example, American Airlines allows you to increase your 1,288 SDR limit up to a maximum of $5,000 by paying $5 for every $100 extra in value. If your baggage is particularly valuable, you should take this into consideration.
If the value of your luggage exceeds 1,288 SDR, you should also consider purchasing travel insurance.
Baggage Delay
Under the Montreal Convention, an airline is liable for baggage delay unless it can prove that it “took all measures reasonably necessary to avoid the damage or that it was impossible to do so.” In practice, this is a difficult standard for airlines to meet, and it usually only applies in serious situations such as terrorist attacks or natural disasters.
If your baggage doesn’t arrive at its destination at the same time it should, it’s considered a delay. A one-hour delay is a delay, even if the airline delivers your baggage within a few hours.
If your baggage is delayed, file a complaint at the airport immediately with evidence of your claim. You will usually be issued with a tracking number for the delayed baggage.
You must complain in writing to the airline within 21 days of receiving your baggage. Complaints can be made by email, fax or post. Your complaint must include all relevant details about your claim and copies of receipts for the items you want refunded. You must state that you want expenses refunded in accordance with Article 19 of the Montreal Convention, which holds airlines liable for baggage delays.
If, during the delay, you need to purchase items that were in your delayed baggage, you may be entitled to a refund. For example, if you have a business meeting shortly after landing and your suit was in your delayed baggage, you may be entitled to a reasonable refund if you buy the suit. Similarly, if your baggage is delayed for several days, you may need to buy clothes and hygiene products. These may be eligible for a refund. Keep all receipts.
You have a duty to act reasonably and keep your expenses in check: it’s unreasonable to buy a fine wool suit and expect a refund if your cheap polyester suit is late.
Airlines may try to limit their liability by aggressively offering a flat amount for each day of delay. For example, Swissair offers a maximum of $100-$300 for replacement goods. You can safely ignore the airline in these cases, as the maximum liability amount is set by the Montreal Convention, which takes precedence over the airline’s contracts and policies.
Lost luggage
Baggage is considered lost if the airline acknowledges it is lost or if 21 days have passed since the expected arrival date. The airline must compensate you for the value of the lost baggage.
As with any delayed baggage, file a complaint immediately at the airport, at which point the airline should begin searching for your baggage and give you a tracking number.
If your luggage is still missing after 21 days, it’s considered lost, and the airline must compensate you for the lost value, up to about $1,705.
So if you’re flying with Grandma’s jewelry, make sure you buy additional insurance or take the jewelry with you, as the airline’s maximum liability may not cover its value.
If your baggage is lost, contact the airline by fax, email or mail. In your complaint, include a list of the lost baggage and its value. Receipts will make your complaint easier, but are not required. Indicate that you are filing a complaint under Article 17 of the Montreal Convention, which states that airlines are liable for the loss of checked baggage.
Damaged or damaged baggage
The airline is responsible for any damage or breakage to checked baggage.
If your baggage is damaged or broken, file a claim with the airline immediately at the airport. File a claim within 7 days of receiving your baggage, otherwise your claim may be rejected. Claims must be submitted in writing and can be submitted by email, fax or mail.
Take photos of any damage and keep receipts if it cost money to repair or replace it. The airline may choose to either refund you, repair the damage, or offer a replacement.
Keep in mind that airlines are only liable to cover up to approximately $1,705, so you might want to think carefully about whether or not to check in your 1958 Gibson Les Paul guitar, as the airline may not cover the full cost in case of damage.
When filing a complaint, please bear in mind that it is filed under Article 17 of the Montreal Convention, which holds airlines liable for damage or destruction of checked baggage.
The airline is responsible for your luggage from the moment you check it in until it is returned to you. The airline may say that airport security damaged your luggage. If this is the case, argue against it, because as long as the airline has control over it, they are responsible for the damage, even if it was caused by security or someone else.
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How to exercise your rights
The Montreal Convention sets out your rights clearly and leaves little room for interpretation. Make sure you meet any deadlines for filing a complaint, or you may lose your right to compensation.
Always contact the airline to try to resolve your complaint first, and if you don’t get full compensation initially, report the complaint to your supervisor and make it clear that you are asserting your rights under the Montreal Convention.
If you are unable to resolve your complaint after speaking with your manager, file an online complaint with the U.S. Department of Transportation (DOT). The airline must acknowledge the complaint within 30 days and respond in writing within 60 days. Legitimate complaints are usually resolved at this stage because airlines are aware of their obligations.
If the airline continues to deny the claims, the DOT will review the complaint, determine whether the airline violated the law, and may bring enforcement action.
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Conclusion
If you’re traveling internationally, your luggage may be protected by the Montreal Convention in the event of delay, loss or damage. There are strict rules that require airlines to compensate you. Instead, you must submit a claim in writing within a certain time limit. However, compensation is limited, so consider purchasing additional protection if your luggage is valuable.