Montreal SDRMontreal Convention 1999: baggage, delay and liability limits

Checked 15 Sep 2026·13 min read

The Montreal Convention 1999 limits what an airline pays for proven baggage and delay losses. Since 28 December 2024, the Montreal Convention baggage limit has been 1,519 SDR per passenger, and the delay limit 6,303 SDR per passenger. Those figures are ceilings, not the set sums UK261 and EU261 pay.

#Montreal SDRWhat are the Montreal Convention liability limits since 28 December 2024?

1,519 SDR per passenger for baggage and 6,303 SDR per passenger for delay are the Convention limits in force since 28 December 2024, set by the International Civil Aviation Organization’s fourth five-year review under article 24. Death or bodily injury carries strict liability up to 151,880 SDR, and cargo is capped at 26 SDR per kilogram.

Montreal Convention liability limits, original text to the 2024 revision

Source: Montreal Convention 1999 arts. 21, 22(1)-(3), 24 - eur-lex.europa.eu; ICAO, 2024 revised limits - icao.int, checked 2026-09-15.

Only the injury figure is not a ceiling on proven loss. It marks where strict liability ends.

All three passenger figures rose by the same 17.9% in 2024. Delay went from 5,346 to 6,303 SDR, the injury tier from 128,821 to 151,880 SDR, and the previous 1,288 SDR baggage limit, in force from 28 December 2019, became 1,519 SDR. Each now stands 51.9% above the original text.

Above 151,880 SDR, article 21 changes the test. The carrier is not liable for the excess if it proves the damage was not due to its negligence, or was due solely to a third party’s fault.

These are the Convention limits. This page does not state the figure written into UK, Canadian or EU implementing law.

Quote the 2024 figure with its article in any letter to the airline, for example “1,519 SDR under article 22(2)”.

#How much can you claim for lost, damaged or delayed baggage?

Up to 1,519 SDR per passenger is what article 22(2) allows for destruction, loss, damage or delay of baggage, unless a special declaration of interest was made. A checked bag counts as lost once the carrier admits the loss or 21 days pass after it should have arrived. Your proven loss sets the amount.

Source: Montreal Convention 1999 arts. 17(3), 22(2), 22(5) - eur-lex.europa.eu; APPR s.23 - laws-lois.justice.gc.ca, checked 2026-09-15.

The Montreal Convention baggage limit works per passenger, not per bag. Two suitcases checked by one traveller share one 1,519 SDR ceiling.

Article 17(3) fixes when a missing bag becomes a lost one. If the carrier admits the loss, or the bag has not arrived 21 days after the date it should have, you can treat it as lost.

Article 22(5) removes the cap altogether: the article 22 liability limits in paragraphs (1) and (2) do not apply if the damage resulted from an act or omission done intentionally, or recklessly and with knowledge that damage would probably result.

Flights to, from or within Canada add a floor: section 23 of the Air Passenger Protection Regulations puts the baggage fees you paid on top of the liability amount. The CTA’s own figures and dates for those flights are on the Canadian lost and delayed baggage page.

Start an itemised list with receipts on the day the bag goes missing: the CAA’s complaints team asks for proof of address, the Property Irregularity Report and itemised lists with a baggage complaint. The full claim route is in the lost and delayed baggage guide.

#What counts as your loss, and who is allowed to claim it?

2 Court of Justice judgments decide what article 22(2) covers and who may claim under it. Walz (C-63/09, 2010) counts both material and non-material damage inside the single limit. Espada Sánchez (C-410/11, 2012) lets a passenger claim for belongings checked in under another passenger’s name, so the ceiling runs per passenger, not per bag.

Source: Walz v Clickair SA (C-63/09, 2010), operative part and para. 37 - eur-lex.europa.eu; Espada Sánchez and Others v Iberia (C-410/11, 2012), operative part and para. 35 - eur-lex.europa.eu, checked 2026-09-19.

Distress sits inside the ceiling rather than on top of it. Walz holds that the word “damage” underpinning article 22(2) includes both material and non-material damage, and that the limit applies to the total damage caused, whichever kind it is. Receipts that already reach the ceiling leave nothing for distress to add; receipts well below it leave headroom non-material loss can fill.

Espada Sánchez settles the family case. The right to compensation and the liability limits reach a passenger claiming for belongings checked in under another passenger’s name, provided the lost bag did in fact contain them. Four travellers who checked two suitcases between them have four ceilings, not two.

That reach carries a burden. Paragraph 35 puts it on the passenger to establish the contents of the bag and that it held their own items, and lets the national court weigh a family relationship, a joint booking or a simultaneous check-in. Those factors are the whole list the judgment gives.

Build the inventory by traveller rather than by bag, naming the owner of each item and the suitcase it travelled in. The CAA’s complaints team takes that list with proof of address and the Property Irregularity Report, alongside your correspondence, flight details and receipts.

#What deadlines apply to baggage complaints?

7 days from receipt for damaged checked baggage and 21 days from the date a delayed bag is placed at your disposal are the two written-complaint deadlines in article 31. The complaint must be in writing. If it is late, no action lies against the carrier, save in the case of fraud (Lost luggage compensation uk).

Source: Montreal Convention 1999 arts. 17(3), 31(2)-(4), 35(1) - eur-lex.europa.eu; Canadian Transportation Agency, Air travel complaints - otc-cta.gc.ca, checked 2026-09-15.

Both deadlines run from the bag’s return, not from the day you land.

Article 31 separates the two cases. For damaged checked baggage, you must complain forthwith after discovery, and at the latest 7 days from receipt. For delay, the complaint is due at the latest 21 days from the date the bag was placed at your disposal.

For a bag that never turns up, the dates that matter are the 21-day point in article 17(3) and the two-year limit in article 35(1).

Canada’s regulator gives the same windows. The Canadian Transportation Agency tells passengers to claim from the airline within 7 days for damaged baggage and within 21 days for delayed baggage.

Send the written complaint to the carrier yourself inside the deadline, even if you filled in a report at the airport, and keep a dated copy.

#Can you claim for a delayed flight under the Montreal Convention?

6,303 SDR per passenger is the most article 22(1) allows for damage caused by delay to passengers. Article 19 makes the carrier liable for that damage unless it proves it took all measures reasonably required to avoid it, or that such measures were impossible. The Convention repays proven loss and pays no fixed sum.

Source: Montreal Convention 1999 arts. 19, 22(1), 22(5) - eur-lex.europa.eu; US DOT, Fly Rights - transportation.gov, checked 2026-09-15.

Two articles do two jobs. Article 19 creates carrier liability for delay and gives the carrier a defence; article 22(1) caps the amount at 6,303 SDR per passenger, up from 5,346 SDR under the 2019 revision. Neither sets a delay length that triggers payment.

The article 19 delay defence is the airline’s to prove, not yours to disprove. Article 22(5) lifts the delay cap too, on the same intentional-or-reckless test.

The US Department of Transportation’s Fly Rights page says passengers on international itineraries may be able to recover reimbursement under Article 19 of the Montreal Convention for expenses from a delayed or cancelled flight, by claiming with the airline. For domestic US itineraries, DOT states that airlines are not required to compensate passengers for delays or cancellations.

List each expense with its receipt and cite article 19. If the airline relies on the defence, ask it in writing which measures it took.

#How does the Montreal Convention interact with UK261 and EU261 compensation?

2 separate claims can follow one long delay: fixed UK261 or EU261 compensation, and Montreal Convention damages for proven loss. UK261 article 3(7) and 3(8) state that its article 7 to 9 duties are not liability for delay under article 19 of the Convention, and that enforcing them is not an action for damages under article 29.

Source: UK261 art. 3(7)-(9) - legislation.gov.uk; EU261 art. 12(1) - eur-lex.europa.eu; APPR s.3(3) - laws-lois.justice.gc.ca, checked 2026-09-15.

#UK261

The fixed £220, £350 or £520 is therefore not Montreal Convention damages. In Stott v Thomas Cook Tour Operators Ltd [2014] UKSC 15, the UK Supreme Court held that damages for distress caused by a breach of the disabled-passenger regulations during carriage by air are barred by the Montreal Convention. In Dawson v Thomson Airways Ltd [2014] EWCA Civ 845, the Court of Appeal held that a claim for EU261 delay compensation falls outside the Convention, so the Convention’s two-year bar in article 35 does not apply to it. Both decisions bind courts in England and Wales.

#EU261

In IATA and ELFAA (C-344/04, 2006), the CJEU Grand Chamber held articles 5, 6 and 7 of the Regulation valid, and found that standardised care for delayed passengers sits outside the Montreal Convention. In Nelson (C-581/10, joined with TUI Travel, 2012), the Grand Chamber confirmed that compensation for a delay of 3 hours or more is compatible with the Convention’s articles 19 and 29. Article 12(1) of EU261 keeps your right to further compensation, and allows the EU261 compensation to be deducted from it.

#Canada APPR

Under APPR section 3(3), a carrier must not refuse APPR compensation because you are also eligible under another regime, but none is owed if you already received compensation for the same event under a different regime.

List fixed compensation and proven expenses separately in your letter, each with its legal basis; the passenger rights comparison table shows each regime’s outcomes.

#How long do you have to sue under the Montreal Convention?

2 years is the deadline to sue. Under the two-year limitation in article 35(1), the right to damages is extinguished unless an action is brought within two years from arrival at the destination, from the date the aircraft ought to have arrived, or from the date carriage stopped.

Source: Montreal Convention 1999 art. 35(1) - eur-lex.europa.eu; CAA, How the CAA can help - caa.co.uk; IAA, APR FAQs - iaa.ie, checked 2026-09-15.

For a flight that landed on 4 May 2026, bring any action before 4 May 2028.

In the UK, the CAA’s Passenger Advice and Complaints Team (PACT) takes Montreal Convention baggage complaints. It is only likely to consider one where the airline is not a member of an approved ADR body, and only after you complained in writing and were not satisfied or got no reply within 8 weeks. PACT will not handle a complaint with less than a year left to take legal action. On the two-year clock, that means reaching PACT within 12 months of arrival: before 4 May 2027 for the example flight. PACT cannot impose a solution, so the court deadline still governs.

No Irish regulator is designated for that role. The Irish Aviation Authority says “There is no designated body in Ireland for that Convention” and has no powers over Montreal baggage complaints. It suggests the Competition and Consumer Protection Commission (CCPC) for Irish-registered carriers.

Fixed UK261 compensation runs longer: article 3(9) applies section 9 of the Limitation Act 1980, 6 years in England and Wales. Every regime’s period is on the flight compensation time limits page. Whether article 35 reaches EU261 compensation is split by country: Germany’s Federal Court of Justice and Italy’s Court of Cassation say no, a Porto appeal court says yes, and the two-year limit country by country sorts the rest. Greece has no such ruling yet.

Diary two dates the day you land: the 12-month point for PACT and the two-year point for court.

#Why are SDR limits not converted into pounds, euros or dollars here?

1,519 SDR and 6,303 SDR are stated in Special Drawing Rights (SDR), the unit articles 21 and 22 use for every limit. A sum in another currency is a conversion made at one point in time, not a legal amount, so this page gives the Convention limits in SDR only.

Source: Montreal Convention 1999 arts. 21, 22 - eur-lex.europa.eu; 14 CFR 254.4 - ecfr.gov, checked 2026-09-15.

Currency is part of each rule. UK261 fixes its article 7(1) amounts in pounds, up to £520, and EU261 in euros, up to €600. Canada’s APPR pays in Canadian dollars, C$125 to C$1,000 for a delay or cancellation. On a US domestic flight, 14 CFR 254.4 bars a carrier from limiting US baggage liability below $4,700 per passenger on aircraft with more than 60 seats. A wheelchair damaged on a US domestic flight is valued at its original purchase price instead, uncapped by that limit (flying with a disability in the US and Canada).

The limits also move. A converted figure copied from an older page can carry a superseded limit, such as 1,288 SDR, as well as an old exchange rate.

Not your situation? Fixed compensation amounts sit on the UK261, EU261 and Air Passenger Protection Regulations hubs. Flying in the US? US federal rules differ — see the US DOT hub. Unsure which law fits your route? Work it out here.

State the limit in SDR with its article, and base the sum you claim on your own receipts in the currency you paid.

General information, not legal advice. For your specific case: contact Citizens Advice, a European Consumer Centre (ECC) or a solicitor.

#Sources

• Convention for the Unification of Certain Rules for International Carriage by Air (Montreal Convention 1999), arts. 17, 19, 21, 22, 24, 29, 31, 35 - eur-lex.europa.eu, checked 2026-09-15.
• ICAO, 2024 Revised Limits of Liability under the Montreal Convention of 1999 - icao.int, checked 2026-09-15.
• Regulation (EC) No 261/2004 as it forms part of UK law, art. 3 - legislation.gov.uk, checked 2026-09-15.
• Limitation Act 1980, s.9 - legislation.gov.uk, checked 2026-09-15.
• Regulation (EC) No 261/2004 (EU text), art. 12 - eur-lex.europa.eu, checked 2026-09-15.
• Air Passenger Protection Regulations (SOR/2019-150), ss. 3(3), 23 - laws-lois.justice.gc.ca, checked 2026-09-15.
• Canada Transportation Act, s.86.11 - laws-lois.justice.gc.ca, checked 2026-09-15.
• Canadian Transportation Agency, Air travel complaints - otc-cta.gc.ca, checked 2026-09-15.
• US Department of Transportation, Fly Rights - transportation.gov, checked 2026-09-15.
• 14 CFR 254.4, domestic baggage liability - ecfr.gov, checked 2026-09-15.
• Civil Aviation Authority, How the CAA can help - caa.co.uk, checked 2026-09-15.
• Irish Aviation Authority, Air passenger rights FAQs - iaa.ie, checked 2026-09-15.
• European Consumer Centre Ireland, Who we are - eccireland.ie, checked 2026-09-15.
• Stott v Thomas Cook Tour Operators Ltd [2014] UKSC 15, UK Supreme Court - caselaw.nationalarchives.gov.uk.
• Dawson v Thomson Airways Ltd [2014] EWCA Civ 845, Court of Appeal - caselaw.nationalarchives.gov.uk.
• IATA and ELFAA, case C-344/04 (2006), CJEU - eur-lex.europa.eu.
• Nelson, case C-581/10, joined with TUI Travel (2012), CJEU - eur-lex.europa.eu.
• Walz v Clickair SA, case C-63/09 (2010), CJEU - eur-lex.europa.eu.
• Espada Sánchez and Others v Iberia, case C-410/11 (2012), CJEU - eur-lex.europa.eu.

#FAQ