Lost or Delayed Baggage Compensation (Montreal Convention)
When checked baggage is lost, damaged or delayed on an international flight, the airline is strictly liable under the Montreal Convention 1999, which the EU applies through Regulation (EC) 2027/97. Unlike EU261's fixed sums, baggage compensation reimburses your actual proven loss up to a cap. You claim directly from the airline and keep everything you recover. The key to a strong claim is acting fast and keeping receipts.
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Under Articles 17 and 19 of the Montreal Convention, the carrier is liable for destruction, loss, damage or delay of checked baggage. Liability is capped at 1,519 Special Drawing Rights (SDR) per passenger (approximately €1,700), a limit that rose from 1,288 SDR on 28 December 2024 under the Convention's five-yearly inflation review. For delay, the airline is liable for reasonable expenses you incur (such as replacement essentials) unless it proves it took all reasonable measures to avoid the damage. Strict time limits apply: for damaged baggage you must complain in writing within 7 days of receiving it; for delayed baggage, within 21 days of the date it was placed at your disposal. For lost baggage, baggage is generally treated as lost if not returned within 21 days. Any court action must be brought within 2 years. To recover more than the cap you would have needed to make a special declaration of value and pay a supplementary fee at check-in.
Step by step
- 1At the airport, report the problem immediately and obtain a Property Irregularity Report (PIR) with a reference number. Do not leave without it. Keep your baggage tags and boarding pass.
- 2Keep receipts for everything you reasonably buy while your bag is delayed (toiletries, clothing, essentials). For lost or damaged bags, list contents with values and gather proof of purchase where possible.
- 3Submit a written claim to the airline within the deadline: 7 days for damage, 21 days for delay, citing the Montreal Convention (Articles 17 and 19) and your PIR reference. State your itemised losses and attach receipts and your IBAN.
- 4If the airline rejects or underpays, escalate through the national consumer ADR scheme in the relevant EU country, and remember court action must be started within 2 years of arrival (or the date the baggage should have arrived). ECC-Net helps with cross-border claims. Note that the EU261 National Enforcement Bodies do not handle Montreal Convention baggage disputes.
What they'll say, and your comeback
“We only reimburse a flat daily allowance for delayed bags.”
Comeback, The Montreal Convention makes you liable for my reasonable actual expenses up to 1,519 SDR, not an arbitrary flat rate. I have itemised receipts and claim the proven amount.
“You didn't declare the value of your belongings, so we owe nothing extra.”
Comeback, A special declaration only matters for amounts above the cap. Below 1,519 SDR you are strictly liable under Article 17 for my proven loss without any declaration.
“The delay wasn't our fault.”
Comeback, For baggage delay the carrier escapes liability only by proving it took all reasonable measures (Article 19). For loss and damage liability is strict. The burden is on you, not me.
FAQ
How much is 1,519 SDR in my currency?
SDR is an IMF unit that fluctuates daily; 1,519 SDR is roughly €1,700 / £1,500. Use the IMF's published SDR rate on the day of settlement for the exact figure. This is a per-passenger cap on total baggage liability.
What if my bag was both delayed and then some items were missing or damaged?
You can claim for delay expenses and for the loss or damage, but total recovery is capped at 1,519 SDR per passenger. Report damage within 7 days and delay within 21 days to preserve both heads of claim.
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A self-serve tool, not a law firm. General information, not legal advice.