Montreal Convention vs EU261: Which Pays More on Your Route?

Montreal Convention vs EU261 compensation comparisons are easier when you separate the two frameworks into their actual mechanics. EU261 pays a fixed cash amount based on flight distance: EUR 250, 400, or EUR 600. Montreal Convention pays your documented actual loss up to a per-passenger cap of about USD 7,300. EU261 wins when your actual loss is small or zero. Montreal wins when your actual loss is large. The two stack on EU-covered international routes, so the practical question is rarely 'which one' but 'how much from each'.

On EU-covered international routes you can claim both. The strategic question is how much your documented loss exceeds EU261's fixed cap.

EU261's fixed cash compensation requires no proof of loss. A 3-hour delay on a transatlantic flight automatically triggers EUR 600, whether you missed a wedding, lost USD 10,000 in business deals, or sat at the airport reading a book. This is EU261's structural advantage: it converts the airline's operational risk into a guaranteed payout. The downside is the cap: regardless of your actual loss, EU261 maxes out at EUR 600 per passenger. For passengers with no measurable loss, EU261 is the only meaningful recovery. For passengers with large losses, EU261 is a floor, not a ceiling. See EU261 calculator: exact euro amount by distance for the per-route payout schedule.

The Montreal Convention Article 19 provides for recovery of actual financial damage caused by delay. The cap is currently 6,303 SDR per passenger (about USD 7,300). The advantage: large losses can be fully recovered up to the cap, far exceeding EU261's EUR 600 maximum. The disadvantage: documentation is required. You must prove the actual financial loss with receipts, contracts, and evidence. A passenger with USD 5,000 in proven losses recovers USD 5,000 under Montreal. A passenger with no documented loss recovers nothing under Montreal.

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  NYC to London (delayed 4 hours, EU carrier): EU261 pays EUR 600 (over 3,500 km). Montreal documented loss up to USD 7,300. If you have a USD 2,000 missed cruise, total recovery: EUR 600 + USD 2,000 = roughly USD 2,650.

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  LAX to Tokyo (delayed 5 hours, US carrier): EU261 does not apply (no EU airport). Montreal documented loss only, up to USD 7,300. If you have USD 1,500 in losses, total: USD 1,500.

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  Miami to Madrid (delayed 4 hours, US carrier): EU261 does not apply (US-departing). Montreal documented loss only. Same as LAX-Tokyo.

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  Madrid to Miami (delayed 4 hours, US carrier): EU261 applies (EU-departing, any carrier): EUR 600. Montreal stacks. Total: EUR 600 + documented loss.

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  London to NYC (delayed 4 hours, US carrier): UK261 applies (UK-departing): GBP 520. Montreal stacks. Total: GBP 520 + documented loss.

EU261 has no baggage compensation. Baggage delay, loss, and damage are governed exclusively by the Montreal Convention's separate baggage liability framework: 1,288 SDR per passenger (about USD 1,500) for the value of the baggage. For delayed baggage causing out-of-pocket loss (clothes, toiletries, business equipment purchases), the cap is the same. There is no fixed compensation for baggage delay under EU261, so Montreal is the only framework that pays for baggage issues. See airline lost baggage compensation guide and Montreal Convention baggage limit 2026.

On long delays (8 hours, overnight, multi-day rebook windows), out-of-pocket losses tend to compound: hotel, meals, transport, missed prepaid bookings, lost wages. A 12-hour delay on a transatlantic flight that causes a missed cruise embarkation can produce USD 3,000 to USD 8,000 in losses easily. EU261 pays EUR 600. Montreal pays up to USD 7,300. On long delays with documented losses, Montreal recovery can exceed EU261 by an order of magnitude. The strategy: file both, with Montreal as the primary recovery and EU261 as the backstop.

On EU-covered international routes (EU-departing or EU-carrier arriving in EU), the optimal strategy is to file both claims. EU261 provides the fixed cash compensation regardless of loss. Montreal provides the documented loss recovery beyond EUR 600. The total recovery is EU261 plus Montreal documented loss minus any double-counting. The airline cannot lawfully refuse to process a Montreal claim simply because EU261 has paid. The frameworks are independent international instruments and the rights are cumulative. See EU261 vs US DOT: which gives more money for the related US comparison.

Stack EU261 plus Montreal on every EU-covered international route where you have documented losses exceeding EUR 600. The frameworks are independent.

1. 1

   Is the route EU-covered (EU-departing, or EU-carrier arriving in EU)? If yes, EU261 applies as the floor. File first.

2. 2

   Are your documented losses under EUR 600? Stop at EU261 only.

3. 3

   Are your documented losses over EUR 600? File EU261 plus Montreal Convention.

4. 4

   Is the route not EU-covered (US-departing to non-EU, intra-Asia, intra-South America)? File Montreal Convention only.

5. 5

   Did the delay involve baggage loss or damage? File a separate Montreal Convention baggage claim regardless of route.

6. 6

   Did the airline cite extraordinary circumstances? Challenge the citation. EU261 extraordinary circumstances has been narrowed by the CJEU and the Montreal 'all reasonable measures' defence is even harder to satisfy.

For the pillar guide, see EU261 passenger rights. For framework comparison, see can Americans claim EU261 compensation. TravelStacks handles EU261 claims at 25 percent and assists with parallel Montreal Convention claims. Start a claim.