Parcel delay
Montreal Convention 1999 — international carriage of cargo by air
Montreal Convention 1999 (treaty regime — international carriage by air)
- Rule id
- parcel.montreal-cargo
- Version
- 1.0.0
- In force from
- November 4, 2003
- 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.
International carriage of cargo by air is governed by the Montreal Convention, which limits the carrier's liability to a per-kilogram figure revised by ICAO every five years and makes void any term in the carrier's conditions that goes below it. The complaint deadlines are short — fourteen days for damage, twenty-one for delay — and missing them bars the action entirely.
Who is covered
Anyone whose goods moved by air between two States Parties with a commercial carrier. Postal items are excluded: Art. 2(2) makes the carrier liable only to the postal administration.
What you get
The proven value of the cargo, capped at the per-kilogram limit in force on the date of carriage, plus court costs and interest outside the cap. Higher if a special declaration of interest was made and the supplementary sum paid.
Where claims go wrong
- Missing the fourteen- or twenty-one-day written complaint. Art. 31(4) then bars the action entirely.
- Quoting the current per-kilogram limit for carriage that predates the last revision.
- Expecting to break the cap by proving recklessness. For cargo, unlike baggage, the limit is unbreakable.
- Treating a complaint to the carrier as stopping the two-year period. It does not.
Authority
Every citation,
with its pinpoint.
- Montreal Convention 1999, Art. 22(3)Convention for the Unification of Certain Rules for International Carriage by Air (Montreal, 28 May 1999)URL verified 2026-08-05Art. 22(3) — in the carriage of cargo, the liability of the carrier in the case of destruction, loss, damage or delay is limited to a sum per kilogram, revised under Art. 24; Art. 22(6) — court costs and other expenses of litigation are not included in the limit
- Montreal Convention 1999, Art. 31Convention for the Unification of Certain Rules for International Carriage by Air (Montreal, 1999)URL verified 2026-08-05Art. 31(2) — complaint in writing within 14 days of receipt in the case of damage to cargo, and within 21 days from the date on which the cargo was placed at the consignee's disposal in the case of delay; Art. 31(4) — no action lies against the carrier if no complaint is made within those times, save in the case of fraud
- Montreal Convention 1999, Art. 35Convention for the Unification of Certain Rules for International Carriage by Air (Montreal, 1999)URL verified 2026-08-05Art. 35 — the right to damages is extinguished if an action is not brought within two years from arrival at the destination, from the date on which the aircraft ought to have arrived, or from the date on which the carriage stopped
- Montreal Convention 1999, Art. 26Convention for the Unification of Certain Rules for International Carriage by Air (Montreal, 1999)URL verified 2026-08-05Art. 26 — any provision tending to relieve the carrier of liability or to fix a lower limit than that laid down in the Convention shall be null and void
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 — Montreal Convention 1999 and the Art. 24 limit revisionsInternational Civil Aviation Organizationretrieved 2026-08-05
What it imposes
Clocks, defences and the ladder.
Documents
What this regime can produce.
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.