Home › Conventions › Montreal Convention 1999 (MC99)

Montreal Convention 1999 (MC99): liability limits and deadlines

MC99 replaced the patchwork of Warsaw instruments for carriage between its parties. For cargo it imposes strict liability (with limited defences) capped at a per-kg limit that ICAO reviews for inflation every five years. The cargo limit is unbreakable: it applies even in cases of wilful misconduct.

Full name: Convention for the Unification of Certain Rules for International Carriage by Air, Montreal, 28 May 1999
Status: In force since 4 November 2003 (ICAO list of parties: 145 parties)
Mode: Air

Carrier's liability limit

26 SDR per kilogram for destruction, loss, damage or delay of cargo, as revised by ICAO with effect from 28 December 2024 (22 SDR/kg before that date; originally 17 SDR/kg in 2003) (Art. 22(3), revised under Art. 24).

Calculate a Montreal Convention 1999 limit

Notice, claim and time-bar deadlines

Notice of damage: In writing forthwith after discovery and at the latest within 14 days from the date of receipt of the cargo (Art. 31(2)).
Notice of delay: In writing within 21 days from the date the cargo was placed at the consignee's disposal (Art. 31(2)).
Time bar (suit): 2 years from arrival at destination, the date the aircraft ought to have arrived, or the date carriage stopped (Art. 35).
Loss of the whole shipment: Art. 31 notice periods address damage and delay; for total loss, the 2-year time bar still applies. File a written claim promptly in any case.

Who it applies to

International carriage by air where the place of departure and destination are in two States Parties, or in one State Party with an agreed stopping place in another state (Art. 1(2)).

Of the 20 countries we cover, these are parties or apply it: Canada, United States, China, Germany, United Kingdom, France, Netherlands, Japan, South Korea, India, Mexico, Brazil, Singapore, United Arab Emirates, Australia, Italy, Spain, Vietnam, Türkiye (Turkey), South Africa.

Important notes

ICAO's 18 October 2024 announcement says the revised limits apply from 28 December 2024. ICAO's text does not say the revision depends on the date the air waybill was issued; we use the date of carriage. If your loss straddles the change, check with counsel.
For partial loss or damage, the weight used is normally the weight of the package(s) concerned, unless the loss affects the value of other packages on the same air waybill (Art. 22(4)).
A special declaration of interest in delivery (with any supplementary sum paid) raises the limit to the declared amount (Art. 22(3)).

FAQ

Is the Montreal cargo limit ever broken?

No. Unlike the passenger and baggage limits, the cargo limit applies regardless of fault, unless a special declaration of value was made.

Which date decides 22 or 26 SDR/kg?

ICAO set 28 December 2024 as the effective date. The calculator uses the date of carriage you enter.

Primary sources

Limit changes, in your inbox

Get a short email when a limit changes (for example the next ICAO Montreal review) or a country ratifies a convention.

Prototype: this form is not connected yet and stores nothing.

General information only, not legal or insurance advice. Limits depend on the contract, the documents issued, declared values, national law and the facts of each case. Check the primary sources and consult a qualified professional before relying on any figure.