The Montreal Convention

The Montreal Convention establishes certain obligations with respect to the carriage of passengers and baggage. It applies to all international flights, i.e. those whose point of departure and end point are within the territory of two signatory countries, as specified in the page on scopes.

Airline liability

The airline is responsible for any damage that occurs to your baggage while in its custody. However, if the passenger has contributed to the damage through negligence or by the defect of the baggage itself, the airline will not be held liable.

It will also be responsible for any damage resulting from a delay in the carriage of passengers and luggage. However, if it proves that it has taken all reasonable steps to avoid the damage, it will not be held liable.

Delay, loss or damage to baggage

While the airline can be held liable, it is limited to a claim period and a maximum amount of compensation.

Deadlines for making your claim:

As summarized in the scope page, the time limits for filing a claim for damage to baggage are extremely long. Indeed, being a limitation period, if you fail to comply with the deadline, you will lose your right, even if the carrier does not object. Your request will be inadmissible.

It is therefore necessary to recall these deadlines:

• Destroyed/damaged: 7 days from the discovery of the damage;
• Delay: 21 days from the date of your flight;
• Loss:

· Is considered late for the first 21 days unless the airline announces that the baggage is lost

· 7 days to make a claim after the 21 days have elapsed or the airline announces that the baggage is lost

Limitation of Liability

In order to obtain compensation for baggage that is the subject of a dispute being submitted within the above deadlines, the liability action must be brought within 2 years of the arrival of the aircraft at the final destination or the day on which it should have arrived or the cessation of transportation.

In addition, the carrier’s liability is limited to the sum of 1,288* Special Drawing Rights for baggage and 5346* for damage suffered by the passenger as a result of the flight delay, even if you have suffered more damage.

Special Drawing Rights (SDRs) SDRs are an international unit of account determined by the International Monetary Fund. The conversion of these sums into national currencies is carried out at the value of these currencies in SDRs on the date of the judgment. Click here to convert SDRs to the currency of your choice:

If you plan to carry a valuable item in your luggage, it is advisable to fill out a special declaration of interest. Indeed, in this case, the airline will be required to pay up to the amount declared.

In addition, it is always possible for the carrier to impose a higher limit of liability or even no limit on itself by means of a clause. However, it cannot include a clause that exonerates him from all liability.

Passenger Delay

In the case of passenger delay, it is also possible to file a liability claim within 2 years of the arrival of the aircraft at the final destination or the day on which it should have arrived or the transport stopped.

The carrier’s liability is then limited to 5346 SDRs*

For example, if your flight was delayed and you were forced to miss a day of work, you will be able to claim your pay for that day. In this sense, if the delay results in you missing your cruise with the final destination as its place of departure, then you will be able to claim the value of the missed cruise, within the limit provided for in the Convention.

However, the Convention provides for a limitation of liability to the sum of 5346* Special Drawing Rights, even if you have suffered more damages.

*The limit is subject to review every 5 years, as provided for in the Convention. The last revision was on December 28, 2019.

Finally, in the event of an aviation accident resulting in the death or injury of passengers, the Convention provides that the airline must offer compensation. However, compensation in this respect is generally paid without delay to the persons entitled to it and is paid by the insurance companies concerned.

The inconvenience of your baggage being lost, damaged or delayed should not be ignored. The Montreal Convention provides remedies and compensation to protect you. However, compliance with the complaint deadlines is essential. Don’t lose your rights! Contact our team of lawyers without delay for legal support and a complete preparation of your case.