Montreal Convention — baggage, bodily injury, delay

The Montreal Convention (Convention for the Unification of Certain Rules for International Carriage by Air, 28 May 1999) governs air carriers' liability for damage to passengers and baggage during international transport. For the Netherlands in force since 4 November 2003 via the Air Transport Act.

Three core articles:

• Art. 17 (Baggage) — Carrier is liable for damage to checked baggage without needing to prove fault. For carry-on only when at carrier's fault.
• Art. 19 (Delay) — Liable for damage caused by delay of passengers, baggage or cargo — unless all "reasonable measures" were taken.
• Art. 22 (Limits) — Maximum 1,519 SDR (Special Drawing Rights, approximately €1,500 in 2026) per passenger for baggage. For delay: 5,346 SDR (~€5,500). For injury: unlimited for first tier, capped for strict-liability tier.

Deadlines (Art. 31) — strict:

• Damaged baggage: written complaint within 7 days of receipt;
• Delayed baggage: within 21 days of delivery;
• After 21 days unrecovered: deemed lost.

Limitation (Art. 35): 2 years from date of arrival.

Within EU: additionally, EU Regulation 889/2002 integrates Montreal rules into EU law and in some respects goes further.