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Key Differences Between the Montreal Convention and EC261

What is the Montreal Convention and EC261?

Air travel can be frustrating, especially when your baggage gets lost or your flight is cancelled at the last minute. But did you know that there are international rules to protect you in these situations? The Montreal Convention and EC261 are two of the most important. EC261 is known also as the European Flight Compensation Regulation.

In this blog post, we’ll highlight the main differences between the two, ensuring you can travel confidently and know what to do if something goes wrong.

Key Differences Between the Montreal Convention and EC261

You should read the entire article to fully grasp the rules, but to summarize, here are the main differences:

  • Montreal Convention (MC99) applies worldwide.
  • EC261 only applies to flights leaving from Europe (all airlines) and to flights on European airlines.
  • Montreal Convention (MC99) addresses issues with baggage handling, cargo, and passenger injuries.
  • On the other hand, EC261 helps you get compensation for flight delays, cancellations, and overbookings. It does not cover baggage issues.

Keep reading to better understand your rights.

By Europe and EU here on this page (and on this website in general) we mean all EU Member States, the United Kingdom (UK), Guadeloupe, French Guiana, Martinique, Reunion, Mayotte, Saint Martin (French Antilles), the Azores, Madeira, the Canary Islands, Iceland, Norway, and Switzerland.

Introduction to Air Travel Rights in Europe and When Flying With European Airlines Like Lufthansa

What You Need to Know

When you’re hurrying to catch your flight or dealing with an unexpected delay, thinking about international aviation laws is probably the last thing on your mind. Still, being aware of your rights can make a huge difference in these stressful times. Both the Montreal Convention and EC261 are there to give you protections, but they cover different situations and serve different purposes.

Why These Rules Matter

Knowing these rules can help you get compensation and the assistance you need. Whether it’s about lost luggage or a delayed flight, being informed can save you time, money, and a lot of stress. Let’s explore what each set of rules includes and how they can support you.

A brief note before we begin – We’ll focus on just the most important points. Firstly, this is an article written for travellers who want to better understand their rights when flying with Lufthansa and other airlines in Europe (not for legal experts who need detailed explanations on every minor legal nuance).

The Basics of the Montreal Convention

What Is the Montreal Convention?

The Montreal Convention is an international treaty established in 1999 to bring together and update several older agreements related to air travel. It mainly focuses on the airlines’ responsibilities regarding the safety of passengers, as well as handling baggage and cargo.

Key Elements

The Montreal Convention includes:

  • Baggage loss and damage. Airlines are responsible for lost, damaged, or delayed baggage. Thanks to this law, you can get compensation for lost baggage, damaged baggage and delayed baggage.
  • Passenger injury. It explains the compensation airlines must offer if a passenger gets injured or dies during a flight.
  • Worldwide range. Unlike EC261, the Montreal Convention applies in most countries and with more airlines than the European regulation.

Review the full document.

How Can You Get This Compensation?

When it comes to compensation for lost luggage or compensation for injuries or death, most flight compensation services don’t handle these types of claims.

You will need to get in touch with the airline directly.

You will need to file the claim by yourself.

Visit lufthansa.com for detailed instructions on the procedures to follow.

Why It’s Important

This treaty is important because it standardized air passenger rights across various nations, simplifying the process for travellers to understand their entitlements regardless of their destination. It makes no difference if you are flying into or out of Europe, or if it’s a European airline or not – you might still be protected by this regulation.

Flight information screen at the airport

The Basics of EC261

What Is EC261?

EC261 is a rule set by the European Union to safeguard passengers’ rights in the event of flight disruptions. Established in 2004, it applies to every flight leaving from an EU country or landing in an EU country if it’s operated by an EU-based airline.

When leaving from a European airport – the airline does not matter.

When flying from a non-European airport to a European airport – it must be a European airline for this law to apply.

Flights from a non-European airport to another non-European airport (when both the starting point and the destination are outside of Europe) are not covered.

Key Elements

EC261 offers compensation and assistance for:

  • Flight delays. You are eligible to receive monetary compensation for delays that are longer than three hours.
  • Flight cancellations. If your flight gets cancelled with less than 14 days notice before departure, you can claim compensation from Lufthansa (and other airlines).
  • Denied boarding. If you were denied boarding because your flight was overbooked, you are entitled to compensation from the airline for the denied boarding.

In all these cases, the airline must be responsible for you to qualify for compensation. In all these cases, you may also have a right to care.

How Can You Get This Compensation?

To get compensation from Lufthansa, you have two main choices – handling it on your own or hiring a flight compensation company. Each option has its advantages and disadvantages, so it’s essential to consider them carefully before deciding.

If you opt to go through the compensation process by yourself, be aware that it can take a lot of time, sometimes even months. This can also be daunting if you are not familiar with airline rules and legal terms. However, you get to keep all of the compensation if and when you receive it.

You can also decide to work with a flight compensation company. While it is not free, it can relieve much of the stress and difficulty that comes with seeking compensation independently. These companies are experienced in dealing with airlines and know all the rules.

Why It’s Important

EU261 is important because it focuses on passenger rights, making sure that airlines are accountable for delays and cancellations and that they offer fair compensation.

Lufthansa airplane

Featured photo by Pexels

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