Montreal Convention Framework for International Air Passenger Rights and Carrier Liability
A legal and regulatory analysis of the 1999 Montreal Convention (MC99), the two-tier carrier liability model for bodily injury, SDR limits, and baggage claim protocols.
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1. Check international-carriage and State-party scope
The 1999 Montreal Convention (MC99) governs carrier liability for passengers, baggage, and cargo in international carriage to which it applies. It does not automatically govern every domestic flight or every ticket worldwide. Applicability can depend on the itinerary, the relevant States’ participation and implementation, and the contract of carriage. SDR limits are periodically revised; do not reuse figures from older articles or present a fixed currency conversion as current.
2. Death or bodily injury: two-tier liability and the revised SDR figure
After its 2024 review, ICAO announced an Article 21 first-tier amount of 151,880 SDR effective 28 December 2024. This is not an absolute ceiling on damages; up to that amount the carrier cannot exclude liability by proving absence of fault. For higher claims, the Convention’s defenses and burden of proof apply, and damages, causation, and jurisdiction must be established. Check domestic implementation and the carriage at issue before applying the revised figure.
3. Baggage limit and written-complaint periods
Under the limits ICAO announced effective 28 December 2024, Article 22 sets a baggage liability limit of 1,519 SDR per passenger. Applicability and recovery can depend on the Convention, a special declaration of interest, and proof of loss. Article 31 generally requires written complaints within 7 days for damage to checked baggage and within 21 days after baggage is placed at the passenger’s disposal for delay. Do not imply that a Property Irregularity Report is the only valid form or that every late notice automatically extinguishes every right. Notify the carrier in writing promptly and seek jurisdiction-specific advice.
4. Expert perspective on ICAO and industry guidance: delay and jurisdiction are fact-dependent
ICAO’s revised passenger-delay limit is 6,303 SDR from 28 December 2024; Article 19 defenses and proof of loss must also be considered. Article 33’s fifth jurisdiction is conditional, including that the carrier has an establishment at the passenger’s principal and permanent residence and that the Convention’s other requirements are met. Ask the carrier in advance whether a special declaration of interest is available for valuable baggage. IATA passenger-rights material is consumer guidance, not legal advice or confirmation of local implementation.
Sources and Technical References: ICAO: Montreal Convention 1999—2024 Revised Limits of Liability / ICAO: Montreal Convention 1999 Legal Text / IATA: Consumer Passenger Rights