How to Claim Montreal Convention Compensation for a Long Delay
Loren Castillo
Founder, TravelStacks
Claiming Montreal Convention compensation for a long delay requires proving three things: you were delayed on an international route covered by the Convention, you suffered a documented loss (not just inconvenience), and the airline did not take all reasonable measures to avoid the delay. The claim goes through the airline first, then national enforcement, then court. The cap is about $7,300. This guide walks through every step.
How to Claim Montreal Convention Compensation: The Three Things You Must Prove
How to claim Montreal Convention compensation for a long flight delay follows a defined three-element structure. Under Article 19, you must establish: (1) your flight was international carriage covered by the Convention (between two signatory countries or a round trip with a foreign stop); (2) you suffered documented loss occasioned by the delay, meaning a concrete financial loss with receipts, not just inconvenience or stress; and (3) the airline either did not take all reasonable measures to avoid the delay, or it was impossible to take those measures (the burden of this defense is on the airline, not you). If you meet element 1 and 2, the airline must affirmatively prove element 3 to escape liability. Most airline-caused delays (mechanical faults, crew scheduling, late-inbound aircraft) do not meet the 'all reasonable measures' standard. See the main airline lost baggage compensation guide for the broader loss framework, and what is the Montreal Convention and how does it help US passengers for the treaty overview.
The airline bears the burden of proving it took all reasonable measures. You establish delay and loss; the airline must then prove it couldn't have prevented it.
When Montreal Convention Applies to Your Delay
The Convention applies to the entire international journey, including connecting domestic legs that form part of the same international ticket. If you fly New York to London with a connection in Chicago on a single ticket, and Chicago-to-New York is delayed causing you to miss London (and incur documented losses at London), the entire itinerary is covered as international carriage. The Convention does NOT apply to domestic US flights unless they are legs of an international itinerary on a single ticket. It does NOT apply to flights between two non-signatory countries (rare, but check for unusual destinations). The IATA keeps the current signatory list. 136 countries are signatories as of 2024. If you flew between two countries and can't find one on the list, check the DOT consumer resources at transportation.gov/airconsumer or consult the treaty text directly.
What You Need to Document (Step by Step)
- 1
Your booking confirmation: shows the international route, your name, the scheduled departure and arrival times, and the ticket price.
- 2
Actual departure and arrival time records: flight tracking screenshots (FlightAware, Flightradar24), airline delay notification emails, or airport FIDS photographs showing the actual times.
- 3
Receipts for all qualifying expenses: itemized, dated, and in the currency paid. Keep originals or scanned originals (not photos of photos).
- 4
A brief timeline narrative: two or three sentences connecting the delay to each expense. 'My flight was scheduled to arrive at 14:00. I did not arrive until 22:00. During those 8 hours I purchased replacement medication at the airport pharmacy (receipt attached) and paid for a hotel night when I missed my connection (receipt attached).'
- 5
Any communication from the airline: delay notification, rebooking offer, denial of responsibility statements. These are useful if the airline later claims it gave proper notice or offered adequate alternatives.
- 6
Your PIR if baggage was also affected: baggage delay and passenger delay can both be claimed under Article 19 on the same journey.
FlightAware and Flightradar24 screenshots are accepted as evidence of actual arrival time. Download them at the time of the delay, before the data ages out.
The $7,300 Limit Explained
The 5,346 SDR limit for passenger delay under Article 19 is approximately $7,300 at 2024 SDR/dollar exchange rates. This is a per-passenger limit, meaning each ticketed passenger on the same delayed flight can claim up to 5,346 SDR independently. A family of four could collectively claim up to $29,200 in documented losses. The limit is not adjusted for the severity of the delay; an 8-hour delay and a 24-hour delay both face the same 5,346 SDR cap. The limit is also not a floor: if your documented loss is $500, you receive $500, not $7,300. The SDR value updates daily against the IMF's basket of currencies. Your claim letter should state the amount in local currency with the SDR equivalent and the date you calculated it. Courts use the SDR value at the date of judgment, not the date of the flight, which can work in your favor or against you depending on currency movements. For the most current SDR rate, visit the IMF website directly.
Writing Your Article 19 Demand Letter
Your demand letter to the airline should: (1) state the flight number, date, route, and your booking reference; (2) cite Article 19 of the Montreal Convention (Convention for the Unification of Certain Rules for International Carriage by Air, 28 May 1999) by its full name; (3) describe the delay in factual terms with the documented actual vs scheduled times; (4) itemize your losses with receipt references and total amount in local currency and SDR; (5) state the amount you are demanding and a 30-day response deadline; (6) state that if no satisfactory response is received, you will escalate to the relevant enforcement body and/or file in court. Keep the letter factual and free of emotional language. Address it to the airline's Legal Department or Customer Relations department, not to the gate or customer service email. Send by email with delivery confirmation and keep a copy. For the template and examples, see how to write an airline complaint letter.
Address your Article 19 demand letter to the airline's Legal Department. Customer service representatives are not authorized to settle Article 19 claims.
What Happens After You Send the Letter
Airlines have 30 to 60 days to respond meaningfully to an Article 19 demand. Typical responses: (1) a settlement offer, usually less than your claimed amount; (2) a request for more documentation; (3) a denial citing extraordinary circumstances or claiming your losses were unreasonable; or (4) no response. If the airline offers less than you claimed, counter with a specific amount and supporting rationale. If the airline invokes extraordinary circumstances, demand the specific evidence for the defense: the airline must prove it took all reasonable measures, not just assert weather or ATC as a cause. If the airline denies or does not respond within 60 days, proceed to escalation. For DOT refund claims that overlap with your delay (if the delay reached the significant delay threshold), you can simultaneously use TravelStacks for the DOT filing.
Escalation: Enforcement Bodies and Courts
If the airline refuses your Article 19 claim, your escalation options depend on where the flight departed. For flights departing the US: DOT at transportation.gov/airconsumer can log your complaint and contact the airline, but DOT does not directly adjudicate Montreal Convention claims. Small claims court in your state handles claims up to $5,000 to $25,000 depending on the state. Federal court is available for larger amounts, but the legal costs rarely justify claims below $10,000 unless you have legal aid. For flights departing EU countries: national enforcement bodies (UK CAA, France DGAC, Germany Luftfahrt-Bundesamt) have jurisdiction over EU carriers and foreign carriers on EU-departing routes. They can enforce Montreal Convention claims in addition to EU261. The 2-year statute of limitations under the Convention means you have time to exhaust airline negotiations before filing in court, but do not let the clock run out. Consider starting court proceedings before the 2-year mark even if negotiations are ongoing.
The Montreal Convention statute of limitations is 2 years from the date of arrival (or intended arrival). File court proceedings before this deadline, even if airline negotiations are pending.
Defenses Airlines Raise (and How to Counter Them)
The main airline defenses to Article 19 claims: (1) Extraordinary circumstances: weather, ATC strikes, political unrest. Counter: even if the cause was extraordinary, the airline must prove it took all reasonable measures, including rebooking on alternative carriers, providing adequate duty of care, or notifying passengers promptly to mitigate loss. (2) Unreasonable expenses: your purchases were excessive. Counter: compare your purchases to market rates for the time and location. Airport pharmacy prices, hotel rates near the airport, and transport from the airport are inherently constrained by the delay location. (3) No causation: your loss was not caused by the delay. Counter: document the timeline precisely showing the expense would not have occurred but for the delay. (4) Non-signatory route: the Convention doesn't apply. Counter: verify both countries are signatories. (5) Ticket terms exclude liability: airline contract limits liability to zero. Counter: the Convention supersedes contract terms that reduce liability below Convention levels (Article 26). Visit DOT's consumer protection page for additional resources.