Key Statutory Rules & Public Aviation Law Summary
Understanding Articles 17, 22, and 31 of the Montreal Convention 1999 for delayed, lost, or damaged checked luggage, including the 7-day and 21-day mandatory written notice deadlines.
- Under Article 17 and Article 22(2) of the Montreal Convention 1999 (as revised by ICAO inflation adjustments), an airline's liability for delayed, lost, or damaged checked baggage is capped at 1,288 Special Drawing Rights (SDR) per passenger (approximately €1,600 / $1,720 USD / £1,350 / R31,000).
- Crucial Notice Deadlines (Article 31): For damaged baggage, written complaint must be submitted to the carrier within 7 days from receipt. For delayed baggage, written claim must be submitted within 21 days from the date the baggage was placed at your disposal.
- If checked baggage remains missing for more than 21 days (or the airline admits loss earlier), it is legally deemed permanently lost under Article 17(3).
- When luggage is delayed on an outbound trip, passengers can generally claim documented reimbursement for reasonable emergency replacement toiletries, underwear, and essential clothing—airline arbitrary 'daily caps' (such as $50/day) are prohibited under Montreal Convention precedent.
Related Statutory Passenger Guides:
Public Statutory Information Disclaimer: AeroStatute provides general public educational information regarding Regulation (EC) No 261/2004, UK261, the Montreal Convention 1999, Canada APPR, and US DOT regulations. This tool does not provide formal legal advice or act as a law firm.