Montreal Convention vs EU261: which one covers your loss

What EU261 does not cover

EU261 has no provision for baggage, for consequential losses (the hotel night you lost, the meeting you missed, the cruise that sailed) or for flights outside its scope — for example a US airline flying you from New York to Paris. For those, the Montreal Convention is the route.

What the Montreal Convention covers

• Delay (Article 19): the airline is liable for damage caused by delay unless it proves it took all reasonable measures. Liability is capped (a limit expressed in Special Drawing Rights, revised periodically) and requires proof of the loss.
• Baggage (Article 17): lost, damaged or delayed checked baggage, up to a per-passenger limit, with strict written-complaint deadlines (7 days for damage, 21 days for delay).
• Scope: international carriage between states party to the Convention — practically the whole world.
• Limitation: two years from the date of arrival or the date the aircraft should have arrived.

How they combine

Article 12 of EU261 states that the Regulation applies “without prejudice to a passenger’s rights to further compensation” and that EU261 compensation may be deducted from such further compensation. So: fixed EU261 amount from the Regulation, proven additional loss under Montreal, with the airline entitled to set one off against the other for the same damage.

Where to bring a Montreal claim

Against the carrier in the country of its domicile or principal place of business, where the ticket was bought through its establishment, or at the place of destination. Small-claims courts handle most of them.

Limitation periods differ

EU261 claims follow national limitation periods (1 to 6 years). Montreal claims must be brought within two years, and some countries apply that two-year period to EU261 claims as well (Italy, Switzerland, the Netherlands in practice) — check the country page for your departure airport.