If your flight is not covered by EU261 Regulation, the Montreal Convention allows you to claim equivalent compensation of €250 to €600 on international flights outside the European Union.
If your flight is not covered by Regulation (EC) 261/2004, it doesn't mean you lose your right to compensation. In many cases, it's possible to claim the same compensation of €250, €400 or €600 under the Montreal Convention, through an analogical application of European regulations.
Article 19 of this Convention establishes that the airline is liable for damages caused by delays, and thanks to consolidated interpretation —inspired by the criteria of the Court of Justice of the EU—, today it's possible to claim compensation equivalent to EU261 even on flights outside the European Union, such as routes between third countries or flights operated by non-EU airlines.
ARTICLE 22 MONTREAL CONVENTION 1999
Limits are expressed in Special Drawing Rights (SDR), updated in 2024/25
Passenger delay
Material and moral damages for delay
Checked baggage
Loss, damage or delay of baggage
Injury/death
Up to 100,000 SDR without exoneration limit
Important
Unlike EU261, the Montreal Convention does not offer automatic compensation. The passenger must prove the damage suffered. However, if your flight arrived more than 3 hours late, you may be entitled to the same compensation you would receive under European regulations.
MONTREAL CONVENTION 1999
The six articles that define your rights on international flights: liability, limits and deadlines
The airline is liable for damage sustained in the event of death or bodily injury of a passenger, provided that the accident causing the death or injury took place on board the aircraft or in the course of embarking or disembarking. Liability is objective up to 128,821 SDR (~€157,500): the airline cannot exonerate itself by proving absence of fault. Above that threshold, it may demonstrate that it exercised all due diligence.
The carrier is liable for damage sustained in the event of destruction, loss, damage or delay to checked baggage, during the period in which the baggage is under the carrier's charge. The liability limit is 1,519 SDR (~€1,860) per passenger. It does not apply if the damage results from an inherent defect, quality or vice of the baggage. Carry-on baggage is only covered if carrier fault or negligence can be proved.
The carrier is liable for damage occasioned by delay in the carriage by air of passengers, baggage or cargo. The carrier is not liable, however, if it proves that it and its servants or agents took all measures that could reasonably be required to avoid the damage, or that it was impossible for it to take such measures. The limit is 6,694 SDR (~€8,200) per passenger. This article is the legal basis for claiming EU261-equivalent compensation on international routes.
Establishes maximum compensation caps: 128,821 SDR for death or personal injury, 1,519 SDR for baggage damage and 6,694 SDR for passenger delay. These limits may be exceeded if the carrier acted with intent to cause damage or recklessly with knowledge that damage would probably result. SDR amounts are updated every five years by the IMF and published in the EU Official Journal.
To claim for baggage damage, you must notify the airline in writing within: 7 days of receiving damaged baggage, and 21 days from the date when delayed baggage should have been delivered. Failure to notify within these deadlines forfeits your right to claim. Notification can be made at the airport using the PIR form.
The right to claim is extinguished if an action is not brought within a period of two years, reckoned from the date of arrival at the destination, or from the date on which the aircraft ought to have arrived, or from the date on which the carriage stopped. This is an absolute deadline: it is not interrupted or suspended for any reason, not even ongoing negotiations with the airline.
BAGGAGE ON INTERNATIONAL FLIGHTS
The most comprehensive guide to baggage claims under the Montreal Convention: PIR, deadlines and required documentation
The PIR (Property Irregularity Report) is the official document you must request at the airport's baggage service desk before leaving. Without a PIR, you will practically lose any subsequent claim. If your suitcase doesn't appear on the belt, arrives damaged or has any irregularity, go directly to your airline's counter or the airport's baggage management desk and insist on a PIR form. Always keep your baggage receipt (boarding pass and baggage tag) and photograph any visible damage. The PIR is your main evidence with the airline and, if it goes to court, before the tribunal.
The standard limit of 1,519 SDR (~€1,860) may be insufficient if you travel with high-end sports equipment (skis, bicycles, golf clubs) or high-value items. The Montreal Convention (Art. 22.2) allows you to make a special declaration of interest at check-in and pay an additional fee, which raises the liability limit to the declared amount. If you didn't make a special declaration and your suitcase contained valuable items (jewellery, photographic equipment, computers), you can only claim up to the standard limit. Remember that airlines routinely exclude fragile items, electronics and perishable items checked without adequate packaging.
The Montreal Convention protects each type of baggage differently. Checked baggage is fully covered by articles 17 and 18: objective liability up to 1,519 SDR, regardless of whether the airline was at fault. Carry-on baggage is only covered if fault or negligence of the airline or its employees can be demonstrated. If you deposit your carry-on in the overhead compartment and it is damaged or lost by the airline when forced to check it at the gate, it is then treated as checked baggage and the same rules apply. Always keep the receipt when the airline forces you to check your cabin baggage.
ARTICLE 1 MONTREAL CONVENTION 1999
The Convention applies to international air transport between signatory states
INTERNATIONAL MONETARY SYSTEM
Special Drawing Rights (SDRs) are the artificial monetary unit of the International Monetary Fund (IMF), created in 1969 as an international reserve asset. Their value is calculated daily based on a basket of five currencies: US dollar, euro, British pound, Japanese yen and Chinese yuan. In 2025, approximately 1 SDR equals €1.22, though the rate fluctuates. The Montreal Convention uses SDRs so that compensation limits are uniform worldwide and do not depend on any national currency. Spanish courts convert SDRs to euros using the exchange rate on the day of the judgement.
LEGAL DEADLINES
Missing the deadlines can permanently forfeit your right to compensation
If your baggage arrived damaged, you have 7 days from receipt to notify the airline in writing. The airport PIR fulfils this function. If you fail to notify within this deadline, you are presumed to have accepted the baggage in good condition and will lose the claim.
If your suitcase arrived late, you have 21 days from when you received it to claim in writing for expenses arising from the delay (clothing, essential items). Keep all receipts. After 21 days without notification, the right to claim for delayed baggage is forfeited.
For any claim under the Montreal Convention — flight delay, injuries, definitively lost baggage — you have 2 years from the scheduled arrival date to initiate legal action. It is an absolute limitation period: it is not interrupted or suspended for any reason, not even by prior negotiations with the airline.
AIR REGULATION COMPARISON
Comparison of both regulations so you know your options
CONVENTION LIMITATIONS
Know the excluded situations to avoid initiating claims without a legal basis
The Convention only applies to international air transport. A flight within a single country is not covered, unless it forms part of an international itinerary with a connecting flight.
If the country of origin or destination has not ratified the Montreal Convention, you cannot invoke it. Check the updated list of 137+ state parties before claiming. Some countries have only ratified the older Warsaw Convention of 1929.
The Convention distinguishes between passenger transport and cargo transport. The passenger rights of articles 17-19 do not apply to postal shipments or pure cargo transport contracts.
Journeys made completely free of charge — without a commercial ticket or paid transport agreement — fall outside the scope of the Convention. This includes certain humanitarian and rescue operations.
The airline is not liable if damage to baggage is a direct consequence of an inherent defect of the baggage itself (inadequate packaging, fragile contents without sufficient protection, corrosive materials). It must be established that the damage originated from the airline's failure, not from the baggage itself.
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