Baggage
Warsaw Convention — carrier liability for baggage
Warsaw Convention system (international carriage outside the Montreal Convention)
- Rule id
- baggage.warsaw
- Version
- 1.0.0
- In force from
- February 13, 1933
- Last read against its sources
- August 5, 2026
- Countries bound
- None listed — a treaty whose party states are set by accession
In plain language
What this regime says.
The Warsaw Convention of 1929 still governs international baggage claims on the minority of routes where one endpoint State has not ratified the Montreal Convention. It is worse for passengers in almost every respect: liability is capped at 17 SDR per kilogram of checked baggage rather than 1,519 SDR per passenger, the written-complaint window for damage can be as short as three days, and the carrier has a broader defence.
Who is covered
Passengers on international carriage where at least one of the departure and destination States is outside the Montreal Convention — around fifty States as of 2026, including Afghanistan, Algeria, Belarus, Iran, Iraq, Kyrgyzstan, Laos, Libya, Myanmar, Papua New Guinea, Suriname, Uzbekistan, Venezuela and Yemen.
What you get
17 SDR per kilogram of registered baggage, or 332 SDR for objects you carried yourself. More if you made a special declaration of value at check-in and paid the supplementary sum. The ceiling depends on the weight of the bag, not on what was in it.
Where claims go wrong
- The ceiling is arithmetic on weight. Without the checked weight from your baggage tag or the carrier's record, no figure can be calculated honestly.
- The complaint period for damage is 7 days under the Hague Protocol but only 3 days under the unamended Convention. Work to the shorter one.
- Carriers routinely answer Warsaw claims with Montreal figures. Check which convention actually governs before accepting either.
- Warsaw gives the carrier an "all necessary measures" defence even for checked baggage, where Montreal is strict.
- The two-year period in Art. 29 extinguishes the right itself; correspondence does not suspend it.
Authority
Every citation,
with its pinpoint.
- Warsaw Convention 1929, Art. 1(2)Convention for the Unification of Certain Rules relating to International Carriage by Air (Warsaw, 12 October 1929), as amended at The Hague 1955URL verified 2026-08-05Art. 1(2)
- Warsaw Convention 1929, Art. 18Convention for the Unification of Certain Rules relating to International Carriage by Air (Warsaw, 12 October 1929), as amended at The Hague 1955URL verified 2026-08-05Art. 18
- Warsaw Convention 1929, Art. 19Convention for the Unification of Certain Rules relating to International Carriage by Air (Warsaw, 12 October 1929), as amended at The Hague 1955URL verified 2026-08-05Art. 19
- Warsaw Convention 1929, Art. 22(2)–(3)Convention for the Unification of Certain Rules relating to International Carriage by Air (Warsaw, 12 October 1929), as amended at The Hague 1955 and by Montreal Additional Protocols Nos. 1 and 2 (1975)URL verified 2026-08-05Art. 22(2)–(3)
- Warsaw Convention 1929, Art. 26(2)Convention for the Unification of Certain Rules relating to International Carriage by Air (Warsaw, 12 October 1929), as amended at The Hague 1955URL verified 2026-08-05Art. 26(2)
- Warsaw Convention 1929, Art. 29Convention for the Unification of Certain Rules relating to International Carriage by Air (Warsaw, 12 October 1929), as amended at The Hague 1955URL verified 2026-08-05Art. 29
- Montreal Additional Protocols Nos. 1 and 2 (1975)Additional Protocol No. 1 and Additional Protocol No. 2 to amend the Convention for the Unification of Certain Rules relating to International Carriage by Air (Montreal, 25 September 1975)URL verified 2026-08-05Art. II (substituting Art. 22 of the Convention)
Sources
Where a figure is indexed, converted or published by a regulator rather than fixed in the instrument, the provenance is recorded separately. Anything marked as a modelled estimate is exactly that — a model, not a statutory number.
- ICAO Treaty Collection — current parties to the Montreal Convention 1999 and to the Warsaw system instrumentsInternational Civil Aviation Organizationretrieved 2026-08-05
- Non-party compilation used to build the route test (143 parties to MC99 as of early 2026; the exception list is maintained against the ICAO depositary record)Secondary compilation of the ICAO depositary listretrieved 2026-08-05Modelled estimate
What it imposes
Clocks, defences and the ladder.
The same claim type elsewhere
Does this one reach your facts?
The engine runs every regime that could apply at once and reconciles them, rather than making you guess which page to read.
Not a law firm. Not legal advice. You send it yourself. This page describes a law; it is not advice about your situation and no outcome is promised.