Lost, damaged or delayed baggage: time limits and liability limits under the Montreal Convention

What regime can protect the passenger

If a suitcase fails to arrive, is damaged, or is delivered late, it's advisable to first determine whether the transport is covered by the 1999 Montreal Convention . Article 1 defines the international transport covered; not every incident on any flight is automatically resolved under the same regime. The Dominican Republic is a State Party , according to the official ICAO registry . The route and the contract of carriage must be examined before determining the appropriate claim.

The updated limit is per passenger.

As of December 28, 2024, the limit under Article 22.2 for destruction, loss , damage , or delay of baggage is 1,519 Special Drawing Rights , according to the official ICAO update . This is a limit per passenger, not per bag. It is also not an automatic sum that must always be paid: proof of damage and liability requirements must be provided . The Special Drawing Right is not equivalent to one dollar and does not have a fixed value in pesos.

Checked baggage and hand luggage

Article 17 of the Montreal Convention distinguishes between the scenarios of liability. For checked baggage, it is essential that the event causing the damage occurred while the baggage was in the carrier's custody, with the exceptions provided for in the Convention. For unchecked baggage, including personal belongings, liability rests with the carrier or its employees or agents. Therefore, it is important to specify how the item was delivered and what happened.

Damages: Written claim within seven days

Article 31 requires that any complaint regarding damage to checked baggage be filed in writing as soon as the damage is noticed and, at the latest, within seven days of receipt. It is advisable to report the damage immediately, take photographs, and keep the tag, delivery receipt, and notification to the airline. The incident report helps document the incident, but it is essential to verify that the required written complaint is also submitted; a verbal exchange at the airport may not be sufficient.

Delay, loss and documented expenses

In case of delay, Article 31 establishes a maximum of twenty-one days from the date the baggage was made available to the passenger to file a written complaint. This period should not be confused with the rule in Article 17, which allows for claims for loss when the carrier admits it or twenty-one days have passed since the date the baggage should have arrived. Receipts for reasonable expenses and proof of the contents should be kept, avoiding the assumption that every purchase made will be eligible for compensation.

Legal action has its own time limit.

Article 35 establishes a two-year statute of limitations for filing a liability claim, calculated according to the scenarios it contemplates, from the date of arrival, the date the aircraft should have arrived, or the date the transport was stopped. It is not advisable to assume that informal handling suspends this period. The claim must include travel documents, labels, protests, and supporting documentation of the damage. If there was a special declaration of value or exceptional circumstances, their legal effect should be reviewed before accepting the general limit as the final answer.