Montreal Convention compensation: what US passengers need to know
Under the Montreal Convention, you can:
Bill airlines for injuries or damages they caused.
Claim up to $8,200 for flight delays & cancellations.
Get up to $1,950 for luggage issues.
Delayed and canceled flights can be expensive, especially when you have to pay for hotels or miss events. If the airline also loses or damages your bags, the costs rack up even more.
Luckily, if you're flying internationally you almost certainly have basic protection under the Montreal Convention (MC99). It lets you claim back costs caused by the airline — but it’s complicated! Let’s make it clearer.
AT A glance
Montreal Convention passenger rights
Airlines are liable if they cause death or injury to passengers — up to a maximum of around $200,000 depending on the exchange rate.
For a delay or cancellation, airlines may have to pay up to $8,200 in damages for things like hotels, or missed connections.
The costs of damaged or replaced luggage are borne by the airline — up to $1,950 — if they were at fault and if you claim within strict deadlines.
In the US, damages are frequently limited to monetary loss, but other jurisdictions like the EU also recognise claims for emotional damages.
The Convention is recognized by over 140 countries and territories — including the USA, the EU, and most UN member states.
It only applies to international flights. Domestic flights would be included if there's a planned stopover in another country during the journey.
You can claim damages up to 2 years, but you must make claims for damaged baggage within 7 days and claims for delayed bags within 21 days.
The Montreal Convention offers less protection than specific passenger protection laws. It operates on a case-by-case basis and it is also complicated because different regions interpret the rules in different ways.
If you had a delayed or canceled flight, AirHelp will check which laws apply, and we make your claim under the one that is best for your case.
step 1
Submit your flight details
We check for compensation under applicable laws
step 2
We handle everything
No paperwork or hours on hold for you!
The first step is to use AirHelp’s quick and easy compensation checker to find out if you might be eligible.
Due to the extra work involved, we only handle Montreal Convention claims for a limited number of cases. We’ll advise you when you submit your claim if we can help in your case, or if it’s better for you to approach your airline direct.
No win, no fee!
We only take a fee if we get you compensation. For more info, check out what we charge when you win.
What is the Montreal Convention?
The Montreal Convention is an air passenger rights agreement upheld by over 140 countries since 1999. It makes airlines liable financially for the injury and death of passengers, damage or loss of their baggage, and the costs (called damages) arising from delayed, canceled or overbooked flights.
The Montreal Convention doesn’t use the word “compensation” to describe what passengers are entitled to. Instead, it talks about damages which means either money that you get for injuries to a person, or money to repay costs a person incurred e.g. due to the loss of luggage.
The Montreal Convention can be used to claim damages for:
Lost, delayed or damaged luggage
The cancellation, delay or overbooking of a flight — as long as it was the airline’s fault
However, different countries interpret “damages” differently.
The interpretation of what exactly damages includes varies depending on where your case is being handled. In some jurisdictions, like the United States, damages are limited to monetary losses. If you miss a prepaid reservation, have to pay for an extra night at a hotel, or rack up any other unforeseen expenses due to air travel problems, you should be reimbursed. You usually have to provide documentation of the incident and receipts of your expenses.
In other parts of the world, like the EU, passengers may be able to claim for emotional damages as well. These distinctions are taken on a case-by-case basis and we advise seeking specialist professional counsel for these kinds of cases. AirHelp does not currently deal with these kinds of claims.
What is Article 19 of the Montreal Convention?
Article 19 of the Montreal Convention states that an airline is liable for “damage occasioned by delay in the carriage by air of passengers, baggage …” unless it proves it took “all reasonable measures” to avoid the disruption. In plain terms:
Delayed flight? You may be entitled to recover actual monetary losses—hotel, meals, missed connections—up to $8,200.
Canceled flight? Same rule applies if the cancellation was within the airline’s control (e.g., crew shortage, mechanical issues).
Baggage problems: article 19 also applies to delayed, lost, or damaged bags.
The Montreal Convention applies to all international flights between countries and territories that honor the regulation. Currently, over 140 countries and territories abide by it.
The USA, Canada, Mexico and all member states of the European Union recognize the Convention. In fact, most UN member states do. That means almost all major aviation markets use it.
Luggage claims under the Montreal Convention
The Montreal Convention is extremely useful for ensuring you can claim reimbursement for all forms of baggage problem, including delayed, lost, and damaged bags.
Under the terms of the convention, if the issue happened while the bag was in the care of the airline, passengers can claim back up to $1,950 for it.
Be aware that there are strict time limits on some baggage claims. So if your luggage doesn’t arrive when it was supposed to, or if your bags arrived badly damaged let the airline know immediately, preferably while you’re still at the airport.
Baggage is counted as lost if the airline is unable to tell you where it is. Delayed baggage, in theory, has a known location but it didn’t make it to your destination yet.
Under the Montreal Convention, delayed baggage is automatically treated as lost after 21 days. In either situation, inform the airline as soon as possible, preferably at the airport.
How much money can I get?
The Montreal Convention does not specify any amounts of compensation in the case of delays or cancellations. Rather it allows passengers to claim for damages.
That means it's essential that to keep all your receipts to prove what you've spent.
So if you miss a prepaid reservation, have to pay for an extra night at a hotel, or rack up any other unforeseen expenses due to air travel problems, you can get reimbursed, but up to a maximum amount of $8,200.
| Damages | Claim limit |
|---|---|
| Personal injury or death | Up to $200,000 |
| Damages — costs arising from disrupted flights (may include emotional damages in the EU) | Up to $8,200 |
| Replacing lost, delayed or damaged bags | Up to $1,950 |
Note: Compensation amounts in the Montreal Convention are specified in Special Drawing Rights (SDRs), a unit of account defined by the International Monetary Fund. This means the amounts we show will vary slightly depending on current exchange rates.
If you want to claim for your damaged, lost, or delayed luggage, report it as quickly as possible, as the Montreal Convention has strict time limits for these.
Damaged baggage claims must be submitted within 7 days, and Montreal Convention delayed baggage claims must be made within 21 days. Bags that have been missing for longer than 21 days are considered to be lost, which means that you will have 2 years to file a claim.
For other things, you can claim compensation for damages up to 2 years after your flight disruption. However, we strongly recommend that you submit your claim as soon as possible after the event occurs.
| Issue | Time to claim |
|---|---|
| Flight delay | 2 years |
| Damaged bag | 7 days |
| Delayed bag | 21 days |
| Lost bag | 2 years |
Extraordinary circumstances (also sometimes known to as Force Majeure) are situations in which an airline is not considered at fault for the delay, and therefore they don't have to pay damages.
Some examples of extraordinary circumstances are:
Severe weather problems
Safety or security risks
Political unrest
Strikes by airport employees or air traffic control
It’s worth noting that airlines must still show that they have taken reasonable measures to prevent any delays or cancellations. For example, if you were delayed due to bad weather, but other airlines had adequately prepared for the situation and were able to prevent a significant delay, you should still be entitled to claim.
How to make a claim under the Montreal Convention
Unlike with other kinds of passenger rights claims, baggage claims have to start in the airport. Don’t leave the airport without reporting it to the Lost Luggage desk!
You’ll have to fill out a Property Irregularity Report (PIR)/declaration of loss within 7 days of the incident for damaged or missing bags. Then keep the receipts for anything you have to replace. If your luggage is missing for 21 days but is damaged when it turns up, send a new written claim for the damage to the airline (including your flight documents, receipts, replacement purchases) within 7 days.
Check for damage immediately and take photos to provide with your claim. Ideally you would have photos from before your flight to help you prove your claim.
Property Irregularity Report (PIR) form
Boarding tickets with flight number
Baggage tag number
Description of your luggage
List of suitcase contents
Photos of damaged luggage
Receipts for emergency purchases
Due to the extra work involved in handling Montreal Convention claims, we can currently only support claims for our AirHelp+ members.
We are exploring other ways we can help all passengers, including baggage claims and combining MC99 claims with our existing flight compensation service.
If we can take your claim, we’ll handle everything else, including submitting your documents and going to court if we have to. We don’t charge you anything up front so you only pay us if we win some money for you. Here’s some info on what we charge.
Claiming with us means you don’t have to pay a lawyer to take on your case — and you won’t get hit with legal costs, even if your case loses!
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Common questions about the Montreal Convention
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$200 for a lost or delayed bag
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