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Your rights under the Montreal convention in case of a delayed flight.

Weclaim's world-class travel legal experts have prepared for you practical answers to the most common questions you may have regarding your rights pursuant to the Montreal Convention if your flight was disrupted. If you don't find the answer to your question, contact us or check the amount you are entitled to free of charge now.

What to do if your a delayed flight under the Montreal Convention.

When will my claim become time-barred?

If you've made a written claim to the carrier and have been refused compensation under the Montreal Convention by the carrier, you will have two years from the date of arrival of the flight (or the date it ought to have arrived) to take the claim before the competent Court.

If the carrier offers me a voucher instead of a bank transfer, am I obliged to accept?

No. You are completely free to choose to be compensated in cash.

If the carrier refuses to pay you, start a claim with us today.

Are strikes considered extraordinary cirucmstances under the Montreal Convention?

This depends on whether the strike is internal or external.

Internal strike: You have the right to compensation if the strike is internal, e.g. a strike organised by the company's staff.

External strike: You are not entitled to compensation if the strike is external, e.g. a strike organised by airport staff.

Be aware that in any case, you have the right to be re-routed to your final destination as soon as possible without any extra cost to you. If you are not re-routed, you have the right to be refunded the entirety of your journey.

In which cases will the legislation apply?

The Montreal Convention will apply to flights not covered by the EU 261 Regulation, notably those delayed for less than 3 hours and those operated by a non-EU carrier departing from a non-EU airport and/or arriving at a non-EU airport.

When can the airline refuse to compensate me under the Montreal Convention?

You are not eligible for compensation for "extraordinary circumstances", provided that they were (i) beyond the control of the air carrier and (ii) unavoidable even if all reasonable steps had been taken. Below is a non-exhaustive list of circumstances considered extraordinary.

Unfavourable weather conditions compromising the safety of the journey: you can find more details on weather conditions here:

  • Natural disasters: fires, earthquakes etc.
  • Terrorist attacks, civil wars, armed military conflicts etc.
  • Decisions taken by the air traffic authorities or the authorities responsible for public security and public policy, as well as decisions taken to respond appropriately to urgent transportation needs.
  • Industiral action taken by airport staff.
  • A bird strike occuring on your flight.

N.B.: Be vigilant, as companies tend to regularly invoke the extraordinary circumstances defence in order to escape liability. Do not hesitate to demand written proof from the company of the existence of the alleged circumstances. If the company refuses to do so, start a claim on our site and we will gather all the relevant information.

Are adverse weather conditions considered extraordinary under the Montreal Convention?

You will not have the right to compenation under the Montreal Convention provided that the following conditions are met:

  • Your journey was delayed because of unfavourable weather conditions which compromised flight safety; and
  • The airport authorities prohibited all arrivals and/or departures.

How much am I entitled to under the Montreal Convention?

The compensation amount to which you are entitled will depend on the price paid for the ticket as well as the flight day. The amount claimed will be a fraction of the price of the airline ticket.

Ready to get cash compensation?

If you experienced a travel disruption in the past five years, you might be owed some money. Give us your travel details and you’ll discover instantly how much you can get.