The Montreal Convention of 1999: An Overview – Key Points to Know

The Montreal Convention of 1999 is the primary international framework governing liability in civil aviation. It regulates the responsibility of airlines and air carriers for damage to persons, baggage, and cargo during international air transport. The following provides an overview of its scope of application, the key liability rules, and the practical significance of the Convention.

Table of Contents

• What is the Montreal Convention and what purpose does it serve?
• Which predecessor agreements did the Montreal Convention replace?
• In which cases does the Montreal Convention apply?
• How is the air carrier liable for personal injury?
• What liability rules apply to baggage damage?
• How is the air carrier liable for cargo transport?
• What rules apply in the event of delay?
• When is the air carrier exempt from liability?
• What deadlines apply for damage notification and filing a claim?
• Which courts have jurisdiction?
• What is the significance of the Montreal Convention for Turkey?
• Legal Advice

What is the Montreal Convention and what purpose does it serve?

The Montreal Convention of 1999 (officially: "Convention for the Unification of Certain Rules for International Carriage by Air") is a multilateral international treaty signed in Montreal on 28 May 1999, which entered into force on 4 November 2003. 141 of the 193 ICAO member states have ratified the Convention.

The Montreal Convention (MC) aims to establish uniform and predictable liability rules worldwide for the international carriage of persons, baggage, and cargo by air. In particular, it governs the liability of the contractual and actual air carrier for damages occurring during carriage. It also contains provisions on transport documents (passenger tickets, baggage checks, air waybills) that reflect the modern requirements of electronic commerce.

Which predecessor agreements did the Montreal Convention replace?

The Montreal Convention replaced the so-called Warsaw Convention system. This system was originally based on the Warsaw Convention for the Unification of Certain Rules Relating to International Carriage by Air of 1929 and was further developed over subsequent decades through several protocols and supplementary agreements, in particular the Hague Protocol of 1955, the Guadalajara Supplementary Convention of 1961, and the Montreal Protocols Nr. 1–4 of 1975.

These successive amendments meant that no uniform liability regime was in force. Depending on the flight route and the contracting states involved, different versions could apply. The determining factor was which of the individual agreements the states concerned had ratified. In practice, this created a complex and often unpredictable coexistence of different legal bases, making it difficult to determine the applicable liability regime in individual cases.

The Montreal Convention, by contrast, aims to provide a coherent and modern liability and carriage regime for international air transport and to unify the previously fragmented parallel rules. Under Art. 55 MC, its provisions take precedence over those of the Warsaw Convention in relations between states that are parties to the MC. In the few states that have not ratified the Montreal Convention, the Warsaw system may still remain relevant.

In which cases does the Montreal Convention apply?

Under Art. 1(1) MC, the Montreal Convention applies to all international carriage of persons, checked baggage, or cargo performed by aircraft for reward. It also applies to gratuitous carriage performed by an air transport undertaking.

Carriage is international if, according to the agreement between the parties, the place of departure and destination are situated in the territory of two different contracting states of the MC, or if they are situated in the territory of a single contracting state of the MC, but a stopover in the territory of another state is agreed upon.

Special case – EU: Within the European Union, the liability regime of the MC is extended to all EU air carriers by Regulation (EC) No. 2027/97, as amended by Regulation (EC) No. 889/2002. As a result, the liability rules of the Montreal Convention apply to these carriers even for purely domestic flights. This is not a direct application of the Convention to domestic flights, but rather a provision under EU law ensuring a uniform liability regime within the EU.

Special case – Round trip: The Convention also applies to a round trip from a contracting state to a non-contracting state, since the place of departure and destination are identical and are located in a contracting state.

How is the air carrier liable for personal injury?

The Montreal Convention provides for a two-tier liability system for death or bodily injury to a passenger (Art. 17(1), Art. 21 MC):

First Tier: No-fault liability (strict liability)

Up to 151,880 Special Drawing Rights (SDR), approximately EUR 185,000, per passenger, the air carrier is liable on a no-fault basis (strict liability). The carrier cannot exclude this liability. Even proof that all necessary care was taken does not lead to exemption from liability.

Note: The liability limit was raised from 128,821 SDR to 151,880 SDR with effect from 28 December 2024, as part of the periodic adjustment under Art. 24 MC.

Second Tier: Unlimited liability based on presumed fault

For damages exceeding the first-tier liability amount, the air carrier is in principle liable without limitation. The carrier can only exempt itself from this extended liability by proving that:

• the damage was not caused by its negligence or that of its servants or agents, or
• the damage was caused solely by the negligence or other wrongful act or omission of a third party.

The burden of proof thus rests with the air carrier. This system provides substantial protection for passengers and goes far beyond the old liability limits of the Warsaw Convention.

Advance Payment Obligation

Under Art. 28 MC, in the event of personal injury, where required by national law, the air carrier must make advance payments without delay to meet the immediate economic needs of the affected persons or their dependants. The advance payment does not constitute an admission of liability and may be offset against subsequent compensation payments.

What liability rules apply to baggage damage?

The Montreal Convention distinguishes between checked and unchecked baggage (Art. 17(2) MC):

Checked Baggage

For destruction, loss, or damage to checked baggage, the air carrier is liable on a no-fault basis (strict liability), provided the damaging event occurred on board the aircraft or during the period in which the baggage was in the carrier’s charge. The carrier can only be exempt if it proves that the damage was caused by the inherent defect, quality, or vice of the baggage.

Unchecked Baggage (Carry-on)

For damage to carry-on baggage, the air carrier is only liable if fault can be proven on the part of the carrier or its servants or agents.

Maximum Liability Amount

In both cases, liability is limited to 1,519 SDR (approximately EUR 1,850) per passenger (Art. 22(2) MC; amount applicable since 28 December 2024). The passenger may increase this limit by making a special declaration of value at the time of check-in and, if applicable, paying a supplementary charge.

Breaking the Liability Limit

In cases of destruction, loss, or damage to checked baggage, the liability limit shall not apply if the claimant proves that the damage resulted from an act or omission of the carrier or its servants or agents, committed wilfully or recklessly and with knowledge that damage would probably result (Art. 22(5) MC).

How is the air carrier liable for cargo transport?

The liability of the air carrier for loss, damage, or destruction of cargo is governed by Art. 18 MC:

The air carrier is liable for destruction, damage, or loss of cargo that has occurred during the period of carriage by air, i.e., during the period in which the cargo is in its charge. The carrier is exempt from liability if it proves that the damage was caused by one of the following reasons (Art. 18(2) MC):

• the inherent defect, quality, or vice of the cargo;
• defective packing of the cargo by a person other than the carrier;
• an act of war or an armed conflict;
• an act of public authority carried out in connection with the entry, exit, or transit of the cargo.

Maximum Liability Amount for Cargo

Liability is limited to 26 SDR per kilogram of the gross weight of the affected consignment (Art. 22(3) MC; amount applicable since 28 December 2024). The consignor may agree on a higher liability by making a special declaration of value at the time of dispatch and, if applicable, paying a supplementary charge (Art. 22(3) sentence 2 MC).

What rules apply in the event of delay?

Under Art. 19 MC, the air carrier is liable for damage caused by delay in the carriage of passengers, baggage, or cargo. The carrier may be exempt from liability if it proves that it and its servants or agents took all reasonable measures to avoid the damage, or that it was impossible for them to take such measures.

Maximum Liability Amounts for Delay (applicable since 28 December 2024)

Note: Liability limits are adjusted every five years in line with global inflation developments pursuant to Art. 24 MC. The most recent adjustment took effect on 28 December 2024.

Breaking the Liability Limit

In cases of delay in the carriage of persons and baggage, the liability limit shall not apply if the claimant proves that the damage resulted from an act or omission of the carrier or its servants or agents, committed wilfully or recklessly and with knowledge that damage would probably result (Art. 22(5) MC).

When is the air carrier exempt from liability?

Full or partial exemption from liability is possible if the air carrier proves that the person claiming compensation, or their predecessor in title, caused or contributed to the damage by negligent, wrongful act or omission, and that such act or omission caused or contributed to the damage (Art. 20 MC).

What deadlines apply for damage notification and filing a claim?

Damage Notification (Art. 31 MC)

In the event of damage or delay to baggage or cargo, the entitled person must submit a written notice of damage to the air carrier promptly upon discovery of the damage. The following deadlines apply:

If these deadlines are not met, an action against the air carrier is generally barred, unless the carrier is guilty of fraudulent behaviour.

Limitation Period for Claims (Art. 35 MC)

Claims for damages must be brought before a court within a limitation period of two years from the date of arrival at the destination, the date on which the aircraft ought to have arrived, or the date on which the carriage stopped. Once this period has expired, the claim is extinguished.

Which courts have jurisdiction?

Under Art. 33(1) MC, in disputes arising under the Montreal Convention, the claimant may, at their option, bring an action before a court in the territory of one of the following contracting states:

1. Domicile of the carrier;
2. Principal place of business of the carrier;
3. Place of the establishment through which the contract of carriage was made;
4. Place of destination of the carriage.

Fifth Jurisdiction (Art. 33(2) MC)

For claims relating to personal injury (death or bodily injury), there is the additional option of bringing the action at the domicile of the passenger (or their surviving dependants), provided the carrier operates a service to or from that state. This so-called “fifth jurisdiction” provides special protection for the affected passengers.

What is the significance of the Montreal Convention for Turkey?

Turkey was one of the original signatories to the Montreal Convention in 1999. Ratification by the Turkish Parliament took place on 14 April 2009. In accordance with the Turkish Constitution, ratified international agreements acquire the status of domestic law.

In practice, this means that airlines, cargo carriers, and their insurers must always consider the Montreal Convention as the primary regulatory framework when assessing liability issues. This applies in particular to:

• the settlement of claims following aviation accidents and personal injuries;
• recourse claims by insurers against the parties responsible;
• liability for loss or damage to cargo;
• compliance with notification and limitation deadlines.

Legal Advice on the Montreal Convention

For individual legal advice on the Montreal Convention and international aviation law, please feel free to contact our law firm directly.

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