Lost, Damaged or Delayed Luggage: Your Rights Under the Montreal Convention

The Montreal Convention 1999 is an international treaty that sets out airline liability for passenger baggage. It applies to most international air travel and has been retained in UK law post-Brexit. Key points:

• Liability cap: Airlines are liable for up to 1,288 Special Drawing Rights (SDR) per passenger. An SDR is an international reserve asset — at the time of writing, 1,288 SDR equates to approximately £1,300, though the exact figure fluctuates with exchange rates.
• Strict liability for loss: The airline is strictly liable for lost checked baggage — you do not need to prove the airline was negligent, only that the bag was checked in and not returned.
• Damage and delay: Airlines are liable for damage and delay unless they prove they took all reasonable measures to avoid it, or that it was impossible to take such measures.
• Domestic flights: Domestic UK flights are covered by separate rules — check the airline's conditions of carriage, as the Montreal Convention applies only to international journeys.

If your baggage is worth more than the SDR limit, consider purchasing additional baggage insurance before travel or declaring the higher value at check-in (airlines charge a supplementary fee for excess valuation).

Before you leave the airport, you must report missing or damaged luggage to the airline's baggage desk and file a Property Irregularity Report (PIR). This is essential — without a PIR reference number, your claim will be very difficult to pursue. Steps to follow:

1. Go to the airline's baggage desk (or, if unavailable, the ground handler) in the arrivals hall before leaving the baggage reclaim area.
2. Report the bag as missing or describe the damage. Staff will search the system for your bag.
3. Receive a PIR reference number and keep the document — you will need this for all subsequent communications.
4. For damaged bags: photograph the damage before leaving the airport if at all possible.
5. For delayed bags: ask the airline about their policy for reimbursing essential items (toiletries, medication, a change of clothes) while you wait. Keep all receipts.

If no airline desk is staffed, report immediately online or by phone — and document that you did so, including the time and who you spoke to.

The Montreal Convention imposes strict deadlines for written complaints — missing them can extinguish your right to compensation entirely:

• Damaged bags: You must complain in writing to the airline within 7 days of the date you received your bag.
• Delayed bags: You must complain in writing within 21 days of the date you finally received your bag.
• Lost bags: An airline typically declares a bag officially lost after 21 days. At that point you can submit a full loss claim. Keep the PIR reference throughout.

Written complaints should be sent by email with a read receipt or recorded post — retain proof of the date. State your PIR reference, flight details, a list of contents and their estimated value, and any receipts you have. Attach photographs of damage where relevant.

Do not wait for the airline to contact you — the deadline runs regardless.

You can claim for:

• The depreciated value of lost or damaged items (not necessarily the original purchase price — airlines and courts apply depreciation).
• Essential purchases made during a delay (reasonable costs for toiletries, underwear, medication, a change of clothes — keep receipts).
• Costs directly caused by the loss or delay (e.g. hiring formal wear for an event when your bag was delayed).

Key exclusions and limits:

• Fragile or perishable items: Airlines frequently exclude or limit liability for inherently fragile items (e.g. musical instruments, electronics) unless packed with special care or declared.
• Valuables in checked bags: Jewellery, cash, passports, and electronics are typically excluded from checked-bag claims — carry them in your hand luggage.
• Pre-existing damage: Airlines will argue that damage existed before travel; photograph your bags before checking them in to counter this.
• The SDR cap: Even if your losses exceed 1,288 SDR, the airline is not obliged to pay more unless you declared excess value at check-in.

If the airline rejects your claim, you can escalate to an Alternative Dispute Resolution (ADR) body approved by the Civil Aviation Authority, or pursue a county court claim.