The term « damage » is interpreted by most countries as a financial loss. Unlike the EU regulation 261/2004, you will not be compensated on the sole basis that you arrived late at your destination. When submitting a claim, you will be asked to provide the proof of the additional cost of the trip.
In the terrible eventuality of a death or a physical accident caused by an accident that occurred on board or in the course of any of the operations of embarking or disembarking, the Convention states that the airline must pay compensation.
The Montreal Convention has been created in 1999 for the protection of air passengers on international flights. It is a set of common compensation rules between the 120 countries which ratified it.
The Montreal Convention set the compensation rules for disrupted trips such as delayed and cancelled flights or denied boarding. It states that the airline is responsible for damages caused by the delay on passengers transportation.
However, at the difference of the EU regulation 21/2004, you may claim a refund only for the damages resulting from your flight disruption. In other words, you will have to incur additional expenses such as the cost of a night at a hotel that you had to book because of a cancelled flight.
Keep in mind that the Montreal Convention is applicable only on international flights: flights between signatory countries as well as flights within a single state party. It includes a stopover in another country even if this third party has not ratified the Montreal Convention.
Is the Montreal Convention applicable?
From a signatory country to another country
Domestic flight in a signatory country
Within a single signatory country
Yes, in another signatory country
Within a single signatory country
Yes, but not in another signatory country
The Montreal Convention waives all liability for an airline when the flight disruption is caused by extraordinary circumstances. These situations include adverse weather conditions, air traffic control restrictions, airport strikes, medical emergencies, security threats, political unrest etc. The airline is not obligated to pay compensation if they have taken all the necessary measures to prevent the flight disruption or if there was nothing they could do.
5. I filed a claim directly with the airline but they refused to compensate me. What am I supposed to do in this case ?
If the airline has rejected your compensation request and you believe that you have the right for compensation, you need to fill out the form on our website www.travelerights.com. It will take only a few minutes. All you have to do is to provide us all the flight information. Communicate all the exchanges that you had with the airline. It would be a pleasure for us to help you out, and this is without any risks because we will get a commission only if we get the compensation.
If your flight is eligible for compensation, according to the EU regulation 261/2004 and you have not received any notice 14 days prior to departure, you have the right for compensation. It is possible to get a compensation and a refund at the same time. However, you have to make sure that you have not signed any derogation during your refund.
7. I have had additional expenses (taxi, meal, hotel, new flight) after a delayed, cancelled, overbooked flight. Will I be refunded ?
Under the Montreal Convention, you may claim compensation for your additional expenses. However, the law is less explicit on the obligations of the airlines. You must document the expenses that you have made (ex: receipts) and prove that the airline is responsible for it.
Here is an example. You fly from Europe to Canada with a Canadian airline and you have a stopover in Canada. The first part of the trip (from Europe to Canada) is eligible for compensation according to the EU regulation 261/2004. The second flight (between the two Canadian cities) could also be a part of the EU Regulation 261/2004, if the two flights are operated by the same airline and are on the same booking (under the same booking number). For more information, don’t hesitate to consult our page My traveler rights or check your eligibility by filling out our online form on www.travelerights.com.
You have between 2 and 6 years to make a claim and get compensation depending on the country where it applies. Fill out our online form et the TraveleRights team will take care of it.
10. I have trouble determining the duration of the delay to my destination. What am I supposed to do in this case ?
It is sometimes difficult for passengers to know whether the delay to their destination is greater or less than 3 hours. In case of doubt, don’t hesitate to submit your compensation claim and we will determine if you are eligible for compensation.
If a passenger is rerouted by the airline, after the cancellation of his flight, the compensation amount may be reduced by 50%. However, the airline must respect certain deadline, between the expected arrival time of the original flight and the real arrival time of the replacement flight to the passenger’s final destination.
The waiting periods vary, but just know that we do everything in our power to close out the case as quick as possible. However, some airlines respond within 2 or 3 days whereas others between 4 and 6 weeks. We communicate with them regularly to make them respond. If your claim for compensation is rejected, our legal team which is made up of lawyers, will evaluate and take care of your case. Depending on the case, we will go to the Civil Aviation Authority or