What Airlines Won't Tell You About Montreal Convention Claims

Airlines Montreal Convention secrets is a frame the airlines themselves dislike, but the gap between what passengers know and what the Convention actually requires is wide enough to call asymmetric. Customer service representatives are trained to settle at internal-formula amounts (USD 25 to USD 50 per pound for baggage, capped per-day for delay) that have no legal basis under the Convention. The Convention sets per-passenger caps, not per-pound formulas. The legal framework is consumer-protective; the airline workflow is settlement-protective. Closing the gap is a matter of knowing the seven structural information asymmetries below.

The Convention is consumer-protective. The airline workflow is settlement-protective. Closing the gap is a knowledge problem, not a regulatory one.

Article 22(2) sets the baggage liability cap at 1,288 SDR (about USD 1,800) per passenger, not per bag. A passenger with two bags lost has the same USD 1,800 cap as a passenger with one bag lost. A family of four has USD 7,200 in total cap (4 x USD 1,800). Airlines sometimes apply per-bag formulas that look reasonable but cap below the per-passenger cap when the passenger had multiple bags. Insist on per-passenger accounting and combine all claims for a single passenger into one filing. See Montreal Convention baggage limit 2026.

Most passengers know about the baggage cap but miss Article 19 entirely. Article 19 covers documented loss for delay (the trip purpose itself, not the bag) up to 5,346 SDR (about USD 7,300) per passenger. This includes hotel costs at the destination, missed prepaid bookings (tours, conferences, weddings), alternative transport (rental car when public transport is closed), and any documented loss attributable to the carrier's delay. The cap is four times higher than the baggage cap and applies independently. See international flight delay hotel reimbursement: Montreal Convention guide and international flight delay: Montreal Convention beats EU261.

Customer service representatives apply a per-pound formula (USD 25 to USD 50 per pound of checked weight, depreciated) to baggage claims. This formula has no basis in the Convention. It is an internal training document, not a legal rule. When the formula produces a settlement well below the cap, reject it in writing. Cite Article 22(2). Resubmit with itemised documentation. The formula is the airline's first move, not the airline's last move.

The per-pound formula is a CSR tool, not a legal cap. Reject in writing, cite Article 22(2), demand the per-passenger cap or your documented value, whichever is lower.

Airlines often offer travel vouchers or eCredits as a settlement vehicle, framed as a goodwill gesture or expedited resolution. Voucher acceptance is voluntary and forfeits the cash claim. The Convention does not require or even contemplate voucher settlement. Demand cash to your original payment method or bank account. The 2024 DOT refund rule reinforces this for US-handling airlines on refund claims; the Convention itself reinforces it for baggage and delay claims globally. See airlines using vouchers instead of cash refunds: DOT rules say no.

Customer service often demands receipts for every claimed item. The Convention does not require receipts. Article 22 sets a cap; the documentation requirement is whatever the court finds reasonable to establish value. Reasonable estimated value with affidavit is acceptable. Photos of contents (vacation photos showing the items, screenshots from a phone), credit card statements showing purchase amounts, and reasonable estimated values are all valid evidence. Receipts strengthen the claim but are not gatekeepers.

Article 31 gives airlines a procedural defence on missed notice. Most passengers do not know the 7-day damage and 21-day delay or lost-bag deadlines exist. Airlines do not advertise them. The PIR filed at the airport baggage office counts as written notice in most jurisdictions, but the formal written claim should follow within the deadline to remove any ambiguity. Email to the airline's claims address counts. Certified mail counts. Verbal complaints typically do not. See Montreal Convention time limits: how long you have to claim.

Airlines sometimes argue that paying Montreal Convention cap satisfies all liability and bars further claims under EU261 or US DOT. This is wrong as a matter of law. The CJEU and US courts have consistently held that EU261 cash compensation, US DOT cash refunds, and Montreal Convention documented loss recovery are independent frameworks. Stack: EU261 cash (EUR 250 to 600) plus Montreal Convention documented loss (up to USD 7,300) plus US DOT refund (full ticket value if you decline the rebook). The total recovery on a single complex international disruption can exceed USD 8,000 per passenger. See Montreal Convention vs EU261: which pays more and flight claim services that handle complex international cases.

Convention plus EU261 plus DOT is the multi-recovery move on a single disruption. Airlines hope you settle under one and call it done. The frameworks are independent.

1. 1

   On the day of the disruption, file the PIR or written notice immediately. Article 31 clock starts.

2. 2

   Document everything: photos, receipts, itemised lists, screenshots of disruption.

3. 3

   Calculate per-passenger cap. For multi-bag passengers, combine all claims into one per-passenger filing.

4. 4

   If your trip purpose was disrupted (missed event, prepaid booking, alternative transport), invoke Article 19 separately.

5. 5

   Reject the airline's first formula offer in writing. Cite Article 22(2) and Article 19 as applicable. Resubmit with documentation.

6. 6

   Demand cash, not voucher. Cite the Convention plus DOT refund rule as applicable.

7. 7

   Stack with EU261 or US DOT if jurisdiction applies. File parallel claims under each framework.

For the broader baggage rights 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.