Letter · Aviation, Drones & Space

Montreal Convention notice of complaint and claim letter to an air carrier (baggage, cargo or delay)

Written complaint and claim to an air carrier under the 1999 Montreal Convention as enacted in Sch 1A of the Civil Aviation (Carriers’ Liability) Act 1959: the Art 31 complaint windows (7, 14 and 21 days), the Art 35 two-year limit, and a time-bar table.

Kind
Letter. A letter or email you adapt and send.
Where it applies
Australia, Commonwealth, International / cross-border
AI use
Yellow AI can help in set ways. A lawyer checks specific points before use.
Law stated as at
18 October 2026
Status
Maintained. Checked on 18 October 2026 against the 4 authorities it cites, for Australia, Commonwealth and International / cross-border.
Version
1
Source
Written for this library

When to use it

Use for international carriage by air to which the Montreal Convention applies, when checked baggage or cargo is damaged, lost or delayed or a passenger is delayed. Send the Art 31 complaint first and fast; the claim can follow. For domestic carriage, or carriage under another convention, check Parts II to IV of the Act instead. Personal injury claims need separate advice.

Used for these tasks

Each task page says how far AI may help with the task and what the lawyer must review.

How AI may be used

AI may extract flight, booking and receipt dates from the documents, calculate the Art 31 and Art 35 dates and fill the letter; the lawyer confirms the Convention applies, checks every date against the documents and settles the amount and basis of the claim.

AI may

  • Extract the booking reference, flight numbers, dates of arrival and of receipt of baggage or cargo, and the property irregularity report number from the documents
  • Calculate the Art 31 complaint deadline and the Art 35 two-year date and flag any already passed
  • Assemble the schedule of loss from receipts and valuations the client provides

AI must not

  • Must not decide whether the Montreal Convention, another convention or domestic law governs the carriage
  • Must not state the applicable liability limit in SDRs without the lawyer checking the current revised figure
  • Must not describe the damage or loss beyond what the client’s evidence shows

The lawyer checks

  • The carriage is international carriage to which the Montreal Convention applies, with the places of departure and destination checked against the ticket or air waybill
  • The written complaint is sent within the Art 31(2) window that applies, by a method that proves when it was given or dispatched
  • The Art 35 date is diarised and proceedings are filed in an Art 33 forum before it, regardless of negotiations
  • The claim amount, any special declaration of interest and the Art 22 limit are checked before the claim is put

Method: how the Green, Yellow and Red levels are decided. This is guidance for planning, not legal advice.

Authorities

Read the full text

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