How to File a Montreal Convention Claim Against Any Airline

How to file Montreal Convention claim starts with confirming the framework applies. The Montreal Convention covers international carriage between any of the 130-plus state parties (US, EU, UK, Canada, Australia, Japan, China, Mexico, Brazil, India, and most other commercial aviation markets). International carriage means the place of departure and the place of destination are in different state parties, or in the same state party with an agreed stopping place in another state. Domestic US flights, fully intra-Canada flights, and flights between non-state-party pairs are not covered. The Convention provides three main remedies: documented loss recovery for delay (Article 19, up to about USD 7,300 per passenger), baggage liability (Article 17, up to about USD 1,800 per passenger), and death or injury liability (Article 17). This guide focuses on the first two.

The Convention applies regardless of which airline you flew, as long as the carriage is international and both endpoints are state parties. Airline contract of carriage cannot waive Convention rights below the cap.

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  State parties: 130-plus countries. US, EU members, UK, Canada, Australia, Japan, China, Mexico, Brazil, India, and most others. Full list at IATA or ICAO.

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  Non-parties: notably some Pacific islands, parts of Africa, and a few smaller states. Confirm before filing.

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  Departure and destination must be in state parties: international Tokyo to Sydney (both parties) is covered. Tokyo to a non-party state is not covered.

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  Round trip from state party: if the round trip starts and ends in a state party with an agreed stopping place in another state, the entire round trip is covered.

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  Codeshare flights: covered if the actual operating carrier is between state parties. Marketing carrier identity does not matter for jurisdiction.

Article 31 sets strict notice periods that the airline can rely on as procedural defences if missed. Article 35 sets the absolute time limit on bringing a court action. These deadlines are short and the courts treat them strictly. Missing the notice period gives the airline a procedural defence even if the substantive claim is valid.

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  Damaged baggage: written complaint within 7 days from receipt of the bag.

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  Delayed baggage: written complaint within 21 days from the date the bag was placed at the disposal of the passenger.

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  Lost baggage: written complaint within 21 days from the date the bag should have been delivered (typically declared lost after 21 to 35 days of non-recovery).

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  Documented loss for delay (Article 19): written notice as soon as practicable, ideally within 21 days.

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  Court action time limit (Article 35): 2 years from the date of arrival or scheduled arrival. Strict and non-extendable.

See Montreal Convention time limits: how long you have to claim and delayed baggage 24 hour and 72 hour rules.

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  Booking reference and itinerary: confirms international carriage between state parties.

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  Boarding passes or e-tickets: proves you actually traveled the routes claimed.

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  PIR (Property Irregularity Report): for baggage claims, the airline's own reference for the incident.

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  Photos: of damaged bag, of the disruption (gate display, tarmac), of any documented losses.

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  Receipts for documented losses: hotel costs, alternative transport, replacement clothing, prepaid bookings missed.

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  Itemised list of bag contents: for lost or damaged bag claims, written from memory immediately.

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  Flight delay or cancellation evidence: BTS, FlightAware, or Eurocontrol screenshots showing scheduled vs actual times.

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  Original purchase receipts where available: anchor higher settlement offers.

The notice should be brief, factual, and cite the Convention article. Address it to the airline's customer service or claims department. Include: passenger name, booking reference, flight numbers and dates, the disruption (delay, damage, lost bag), the documentation you are attaching, and an explicit demand for compensation under the relevant article. For damage: cite Article 22(2) (baggage liability cap). For documented loss for delay: cite Article 19 (carrier liability for delay) and Article 22(1) (cap up to about USD 7,300 per passenger). For lost bag: cite Article 22(2) and 31. The notice itself does not need to compute the exact settlement; the airline does that based on documentation.

Airlines typically respond with an internal-formula offer (per-pound for baggage, capped per-day for delay) that is well below the Convention cap. Reject in writing. Cite the article you originally invoked, restate your itemised documentation, and demand a settlement closer to the cap. Most airlines escalate to a higher settlement when pushed with proper documentation. If the airline still refuses after two rejections, escalate to a DOT complaint, NEB filing, or small claims court. See airlines deny compensation claims fight back and how to file a DOT complaint against an airline (step-by-step).

The Convention cap is the legal ceiling, not the airline's first offer. Reject in writing, cite the article, resubmit documentation. The cap is reachable with the right paperwork.

Article 33 sets the jurisdictions where a Convention claim can be brought: the airline's domicile, the airline's principal place of business, the place where the contract was made, the place of destination, or the passenger's permanent residence (if the airline operates services to or from that residence). For US passengers, this typically means: US federal court (the airline operates in US), or small claims in your state of residence. Small claims is the practical option for amounts under USD 5,000 because airlines typically settle before defending. The 2-year time limit under Article 35 is strict and non-extendable. File before the deadline.

Montreal Convention claims are independent of EU261, UK261, and US DOT refund rights. The CJEU and US courts have consistently held that fixed cash compensation under EU261 and DOT refund rights do not preclude documented loss recovery under the Convention. Stack: EU261 cash compensation (up to EUR 600 long-haul) plus Montreal Convention documented loss (up to about USD 7,300) plus US DOT refund (full ticket value if you decline the rebook). See Montreal Convention vs EU261: which pays more and international flight delay: Montreal Convention beats EU261.

For the broader baggage and Convention picture, see the airline lost baggage compensation pillar. For US rights, see the US DOT pillar. Start a claim with TravelStacks for a flat fee.