What the Montreal Convention says about lost, damaged or delayed baggage
Reviewed by José Romero Lara
EU261 aviation lawyer — 5+ years as in-house legal counsel at international airlines
When an airline loses, damages or delays your bag, the rules that apply are not Regulation (EC) 261/2004, which covers flight delays and cancellations, but the 1999 Montreal Convention. This guide explains what it covers, how much you can get, your deadlines and why AESA won’t take these claims.
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Start my claim1What the Montreal Convention is and when it applies
The Convention for the Unification of Certain Rules for International Carriage by Air, signed in Montreal on 28 May 1999, sets airline liability on international flights. It has applied in the EU since 28 June 2004. For baggage it covers three situations:
Destruction or loss of baggage.
Damage to baggage.
Delay in delivering baggage.
Domestic flights too
Regulation (EC) 2027/97 applies the same rules and limits to EU airlines on domestic flights as well, for example Madrid–Palma.
2When the airline is liable
Checked baggage: the airline is liable simply because the loss or damage happened on board or while the bag was in its care. You don’t have to prove negligence (Art. 17(2)).
Hand baggage and personal items: also covered, but only if the damage was caused by the fault of the airline or its staff.
Exception
The airline isn’t liable for damage caused solely by the nature or an inherent defect of the baggage, such as a suitcase that breaks from its own wear.
3Compensation limits
Montreal Convention limits since 28/12/2024
Loss, damage or delay of baggage
Per passenger (Art. 22(2))
Passenger delay
Proven damage, per passenger (Art. 22(1))
Death or injury
Strict liability up to this amount (Art. 21)
The 1,519 SDR limit is a ceiling, not an automatic payment: you receive the value you can prove with receipts, photos or statements. The SDR is an International Monetary Fund unit whose value changes daily; in 2025–2026 it has been roughly €1.15–1.25.
Going above the limit
If you made a special declaration of value at check-in and paid the supplement, the limit becomes the declared value. There’s also no limit if the airline caused the damage intentionally or recklessly (Art. 22(5)).
4Deadlines to claim
Montreal Convention deadlines
Damaged baggage
Written complaint to the airline (Art. 31)
Delayed baggage
Written complaint to the airline (Art. 31)
Lost baggage
If the airline admits it or it hasn’t arrived in 21 days (Art. 17(3))
Lawsuit
From arrival or the scheduled date (Art. 35)
File a Property Irregularity Report (PIR) at the airport before you leave. It doesn’t replace the written complaint, but it is your proof of what happened.
5Why AESA won’t handle baggage claims
AESA, Spain’s aviation authority, handles delay, cancellation and denied boarding complaints under Regulation (EC) 261/2004. Claims about airline liability for baggage, governed by the Montreal Convention, are excluded from its procedure. That’s why, if you complain to AESA about a bag, it will reply that it isn’t competent.
- 1
Complain to the airline in writing
Within the 7- or 21-day deadline, with the PIR number, boarding pass, bag tag and receipts or photos of the contents.
- 2
Consumer arbitration
If the airline has signed up to Spain’s consumer arbitration system, you can request it for free through your region’s arbitration board.
- 3
Go to court
You have 2 years to sue. In Spain, claims up to €2,000 need no lawyer or court agent.
- 4
Or hand it to AviFly
We handle the claim with the airline and, if needed, the lawsuit. We only charge if you get your money: 15% + VAT out of court and 30% + VAT in court.
6Montreal Convention vs EU261: the differences
| Aspect | Montreal Convention | EU261 Regulation |
|---|---|---|
| What it covers | Baggage (loss, damage, delay) and delay damages | Delay, cancellation and denied boarding |
| Amount | Proven damage, up to 1,519 SDR for baggage | Fixed €250, €400 or €600 |
| Written complaint | 7 days (damage) or 21 days (delay) | No specific deadline |
| Time limit to sue | 2 years | 5 years in Spain (general view) |
| AESA | Doesn’t handle baggage | Handles complaints |
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Claim for my bagFrequently asked questions
Why does AESA say it isn’t competent for my baggage claim?
Because claims about airline liability for baggage are governed by the Montreal Convention and are excluded from AESA’s procedure. Complain to the airline in writing and, if it won’t pay, use consumer arbitration (if the airline has signed up) or go to court.
How much do I get for lost luggage?
Up to 1,519 SDR per passenger, about €1,800 depending on the exchange rate. It’s a ceiling: you receive the proven value of the bag and its contents.
What are SDRs?
Special Drawing Rights are an International Monetary Fund unit of account based on a basket of currencies. Their euro value changes daily; in 2025–2026 it has been roughly €1.15–1.25.
Can I get more than the limit if I lost more valuable items?
Only if you made a special declaration of value at check-in and paid the supplement, or if the airline caused the damage intentionally or recklessly (Art. 22(5) of the Convention).
Does it apply to a domestic flight within Spain?
Yes, if an EU airline operates it: Regulation (EC) 2027/97 extends the Montreal Convention’s rules and limits to its domestic flights.
How long do I have to sue the airline?
Two years from the flight’s arrival or the date it should have arrived (Art. 35 of the Convention). After that, the right to sue is lost.