The Montreal Convention on the Rights of Air Passengers

What is the Montreal Convention?

The Montreal Convention, officially known as MC99, was adopted on May 28, 1999, replacing the Warsaw Convention of 1929. Its primary goal is to modernize and unify the various international regulations concerning airline liability. The Convention has been ratified by over 120 countries, making it one of the most significant agreements in the field of aviation.

Passenger Rights in Case of Accidents

One of the most significant aspects of the Montreal Convention is the liability of airlines in the event of death or injury to passengers. In such circumstances, airlines are required to compensate passengers or their families up to a maximum of 128,821 Special Drawing Rights (SDR), an international currency used by the International Monetary Fund. This amount is equivalent to approximately €160,000, but it may vary depending on the current exchange rate.

Compensation for Lost, Damaged, or Delayed Baggage

The Montreal Convention also provides for compensation for lost, damaged, or delayed baggage. In these cases, the maximum compensation limit is 1,288 SDR per passenger, which is approximately 1,700 US dollars. The rules apply to both checked baggage and carry-on baggage, with some differences. It's crucial to adhere to the deadlines: to claim compensation for loss or damage, the request must be made within 7 days of the flight, while for delayed delivery, the deadline is 21 days.

It's important to note that if your luggage arrives late and you need to buy essential items, you are entitled to reimbursement for those expenses. Be sure to keep your receipts and invoices, as you will need to submit them to the airline as soon as possible.

Compensation for Passenger Delays

In the event of significant delays, the Montreal Convention stipulates that passengers are entitled to compensation of up to 5,346 SDR, which is approximately 7,000 US dollars. This compensation covers any damages incurred due to the delay, such as additional expenses for accommodation, meals, and alternative transportation. Using Refly can simplify the compensation claim process for passenger delays, allowing you to receive the appropriate compensation without stress.

Compensation Cases for Passenger Delays

Passengers can request compensation for delays in various situations, including:

• Flight delays exceeding 3 hours: If your flight arrives at its destination more than 3 hours later than scheduled, you are entitled to compensation of up to 5,346 SDR (approximately $7,000).
• Flight Cancellations: If your flight is canceled and you are offered an alternative flight that arrives with a significant delay, you are entitled to compensation of up to 5,346 SDR (approximately $7,000).
• Missed Connections: If a flight delay causes you to miss a connecting flight, leading to further delays in reaching your final destination, you are entitled to compensation of up to 5,346 SDR (approximately $7,000).

How to Assert Your Rights with Refly

To enforce your rights under the Montreal Convention, it is essential to keep all receipts and travel-related documentation. Refly can assist you in submitting a formal claim to the airline and will guide you through the entire compensation process. If the airline does not respond adequately, Refly will provide the necessary legal assistance to obtain the compensation you are entitled to.

What is the deadline for requesting compensation or a refund?

For delayed or damaged baggage, you have only 7 days to fill out a PIR and inform the airline of the issue, while for delayed baggage the deadline is 21 days. Once the airline acknowledges the loss or damage of your baggage, you can claim the compensation you believe you are entitled to. It's important to contact the airline before leaving the airport. Regarding damage compensation and expense reimbursement, you have up to 2 years from the flight date.

The Montreal Convention provides essential protection for air passengers, ensuring adequate compensation in case of accidents, damage, or delays. Knowing your rights and how to enforce them is crucial for traveling safely and confidently. Use Refly to obtain compensation for passenger delays and ensure you receive the justice you deserve. If you have questions about your rights as a passenger or need legal assistance, do not hesitate to contact us. We are here to help you defend your rights and obtain fair compensation.

What is the difference between the Montreal Convention and EU261/2004?

EU Regulation 261/2004 can be seen as an extension of the Montreal Convention, both created to protect the rights of air passengers. However, in 2004, the European Commission expanded these protections, mandating that airlines must compensate passengers for lost time due to cancellations or long delays. In 2009, the Sturgeon Judgment clarified that delays exceeding three hours must be compensated in the same way as cancellations.

EU Regulation 261/2004 applies only to flights operated by European carriers or flights within or departing from the European Union. It provides compensation of 290, 450, or 660 dollars, depending on the flight distance and delay.

The main difference between the two documents is that EU 261/2004 guarantees compensation for time lost due to flight disruptions, not just for financial losses resulting from interruptions, delays, loss, or damage to baggage. In other words, the Montreal Convention focuses on damages caused to passengers, while the European regulation also includes compensation for lost time.

Countries Adhering to the Montreal Convention

Note:

Applicable to the territories of the Dutch Antilles and Aruba.

Applicable to the territories of Guernsey, Isle of Man, and Jersey.

The Czech Republic was recognized as the successor State to the Montreal Convention on January 1, 1993.

Finland has declared that the Montreal Convention also applies to the Åland Islands.

New Zealand has declared that the Montreal Convention also applies to the territories of Tokelau.

Japan has declared that the Montreal Convention applies to the Okinawa territories as well.

Austria has declared that the Montreal Convention also applies to the territory of Liechtenstein.

Denmark has declared that the Montreal Convention applies to the territories of Greenland and the Faroe Islands as well.

Germany has stated that the Montreal Convention also applies to the territories of West Berlin.

The Netherlands have declared that the Montreal Convention applies to the territories of Bonaire, Sint Eustatius, and Saba as well.

Belgium has declared that the Montreal Convention also applies to the territories of Brussels-Capital.

Qatar has declared that the Montreal Convention also applies to the territories of Dukhan and Mesaieed.

Lithuania has declared that the Montreal Convention also applies to the territories of Vilnius.

Malaysia has stated that the Montreal Convention also applies to the territories of Sabah and Sarawak.

Argentina has stated that the Montreal Convention applies to the territories of the Falkland Islands as well.

Montenegro was officially recognized as one of the countries adhering to the Montreal Convention on June 3, 2006.

Israel has stated that the Montreal Convention also applies to the territories of East Jerusalem.

Azerbaijan has declared that the Montreal Convention also applies to the territories of Nagorno-Karabakh.

The Philippines have declared that the Montreal Convention applies to the territories of Palawan as well.

Guatemala has declared that the Montreal Convention also applies to the Petén territories.

The Russian Federation has declared that the Montreal Convention also applies to the territories of Crimea.

Nepal has declared that the Montreal Convention also applies to the territories of Mustang.

Afghanistan has declared that the Montreal Convention also applies to the territories of Kunar.

Bangladesh has declared that the Montreal Convention also applies to the Chittagong Hill Tracts territories.

Bosnia and Herzegovina has declared that the Montreal Convention applies to the territories of Republika Srpska.

Cambodia has declared that the Montreal Convention applies to the territories of Preah Vihear.

Central African Republic has declared that the Montreal Convention applies to the territories of Bamingui-Bangoran.

Ivory Coast has declared that the Montreal Convention applies to the territories of Yamoussoukro.

Croatia has declared that the Montreal Convention applies to the territories of Slavonia.

Dominican Republic has declared that the Montreal Convention applies to the territories of Santiago.

Ecuador has declared that the Montreal Convention applies to the territories of the Galápagos Islands.

Egypt has declared that the Montreal Convention applies to the territories of Sinai.

El Salvador has declared that the Montreal Convention applies to the territories of Santa Ana.

Ethiopia has declared that the Montreal Convention applies to the territories of Tigray.

Fiji Islands have declared that the Montreal Convention applies to the territories of Rotuma.

Georgia has declared that the Montreal Convention applies to the territories of Abkhazia.

Ghana has declared that the Montreal Convention applies to the territories of Volta.

Greece has declared that the Montreal Convention applies to the territories of Mount Athos.

Guinea has declared that the Montreal Convention applies to the territories of Guinée Forestière.

Honduras has declared that the Montreal Convention applies to the territories of Islas de la Bahía.

Iceland has declared that the Montreal Convention applies to the territories of Vestmann Islands.

India has declared that the Montreal Convention applies to the territories of Jammu and Kashmir.

Indonesia has declared that the Montreal Convention applies to the territories of Papua.

Ireland has declared that the Montreal Convention applies to the territories of Galway.

Israel has declared that the Montreal Convention applies to the territories of Golan Heights.

Italy has declared that the Montreal Convention applies to the territories of Sardinia.

Jamaica has declared that the Montreal Convention applies to the territories of Montego Bay.

Kenya has declared that the Montreal Convention applies to the territories of Rift Valley.

Kuwait has declared that the Montreal Convention applies to the territories of Al Ahmadi.

Latvia has declared that the Montreal Convention applies to the territories of Latgale.

Liberia has declared that the Montreal Convention applies to the territories of Nimba.

Libya has declared that the Montreal Convention applies to the territories of Cyrenaica.

Liechtenstein has declared that the Montreal Convention applies to the territories of Balzers.

Lithuania has declared that the Montreal Convention applies to the territories of Klaipėda.

Luxembourg has declared that the Montreal Convention applies to the territories of Esch-sur-Alzette.

Madagascar has declared that the Montreal Convention applies to the territories of Toamasina.

Malaysia has declared that the Montreal Convention applies to the territories of Johor.

Maldives have declared that the Montreal Convention applies to the territories of Malé.

Mali has declared that the Montreal Convention applies to the territories of Timbuktu.

Malta has declared that the Montreal Convention applies to the territories of Gozo.

Mexico has declared that the Montreal Convention applies to the territories of Yucatán.

Mongolia has declared that the Montreal Convention applies to the territories of Ulaanbaatar.

Montenegro has declared that the Montreal Convention applies to the territories of Podgorica.

Morocco has declared that the Montreal Convention applies to the territories of Western Sahara.

Mozambique has declared that the Montreal Convention applies to the territories of Cabo Delgado.

Namibia has declared that the Montreal Convention applies to the territories of Erongo.

Nepal has declared that the Montreal Convention applies to the territories of Pokhara.

New Zealand has declared that the Montreal Convention applies to the territories of Chatham Islands.

Nicaragua has declared that the Montreal Convention applies to the territories of Caribbean Coast.

Niger has declared that the Montreal Convention applies to the territories of Agadez.

Nigeria has declared that the Montreal Convention applies to the territories of Lagos.

North Macedonia has declared that the Montreal Convention applies to the territories of Skopje.

Norway has declared that the Montreal Convention applies to the territories of Svalbard Islands.

Oman has declared that the Montreal Convention applies to the territories of Dhofar.

Pakistan has declared that the Montreal Convention applies to the territories of Gilgit-Baltistan.

Panama has declared that the Montreal Convention applies to the territories of Colón.

Paraguay has declared that the Montreal Convention applies to the territories of Alto Paraná.

Peru has declared that the Montreal Convention applies to the territories of Cusco.

Philippines have declared that the Montreal Convention applies to the territories of Mindanao.

Poland has declared that the Montreal Convention applies to the territories of Silesia.

Portugal has declared that the Montreal Convention applies to the territories of Azores.

Qatar has declared that the Montreal Convention applies to the territories of Al Rayyan.

South Korea has declared that the Montreal Convention applies to the territories of Jeju.

Moldova has declared that the Montreal Convention applies to the territories of Transnistria.

Romania has declared that the Montreal Convention applies to the territories of Transylvania.

Russia has declared that the Montreal Convention applies to the territories of Kaliningrad.

Rwanda has declared that the Montreal Convention applies to the territories of Kigali.

Saint Kitts and Nevis has declared that the Montreal Convention applies to the territories of Nevis.

Saint Vincent and the Grenadines has declared that the Montreal Convention applies to the territories of Bequia.

Saint Lucia has declared that the Montreal Convention applies to the territories of Castries.

Samoa has declared that the Montreal Convention applies to the territories of Savai'i.

San Marino has declared that the Montreal Convention applies to the territories of Serravalle.

São Tomé and Príncipe has declared that the Montreal Convention applies to the territories of Príncipe.

Saudi Arabia has declared that the Montreal Convention applies to the territories of Mecca.

Senegal has declared that the Montreal Convention applies to the territories of Dakar.

Serbia has declared that the Montreal Convention applies to the territories of Belgrade.

Seychelles have declared that the Montreal Convention applies to the territories of Mahé.

Sierra Leone has declared that the Montreal Convention applies to the territories of Freetown.

Singapore has declared that the Montreal Convention applies to the territories of Sentosa.

Slovakia has declared that the Montreal Convention applies to the territories of Bratislava.

Slovenia has declared that the Montreal Convention applies to the territories of Ljubljana.

Solomon Islands have declared that the Montreal Convention applies to the territories of Guadalcanal.

South Africa has declared that the Montreal Convention applies to the territories of Gauteng.

Spain has declared that the Montreal Convention applies to the territories of Balearic Islands.

Sri Lanka has declared that the Montreal Convention applies to the territories of Colombo.

Sudan has declared that the Montreal Convention applies to the territories of Darfur.

Suriname has declared that the Montreal Convention applies to the territories of Paramaribo.

Sweden has declared that the Montreal Convention applies to the territories of Gotland.

Switzerland has declared that the Montreal Convention applies to the territories of Zurich.

Syria has declared that the Montreal Convention applies to the territories of Aleppo.

Tajikistan has declared that the Montreal Convention applies to the territories of Gorno-Badakhshan.

Tanzania has declared that the Montreal Convention applies to the territories of Zanzibar.

Thailand has declared that the Montreal Convention applies to the territories of Phuket.

Togo has declared that the Montreal Convention applies to the territories of Lomé.

Tonga has declared that the Montreal Convention applies to the territories of Tongatapu.

Trinidad and Tobago has declared that the Montreal Convention applies to the territories of Port of Spain.

Tunisia has declared that the Montreal Convention applies to the territories of Tunis.

Turkey has declared that the Montreal Convention applies to the territories of Istanbul.

Uganda has declared that the Montreal Convention applies to the territories of Kampala.

Ukraine has declared that the Montreal Convention applies to the territories of Kiev.

United Arab Emirates has declared that the Montreal Convention applies to the territories of Dubai.