What Is the Montreal Convention and How Does It Help US Passengers?

The Montreal Convention for US passengers is arguably the most powerful and least-known passenger rights instrument available to American travelers. Formally the Convention for the Unification of Certain Rules for International Carriage by Air (1999), the Montreal Convention replaced the 1929 Warsaw Convention as the governing international air law treaty. The US ratified it in 2003. It covers international carriage by air between any two countries that are signatories, which includes the US and virtually every major destination country in the world (136 signatories as of 2024). The Convention creates direct liability for airlines on three categories: death or bodily injury to passengers, destruction or loss or damage to or delay of baggage, and delay of passengers. On delay, Article 19 gives passengers a right to documented loss recovery up to approximately $7,300 per passenger (5,346 Special Drawing Rights). The Convention supersedes what airlines write into their contracts of carriage on these points. If an airline's contract says it owes you nothing for a delay, Article 19 of the Montreal Convention overrides that clause for international routes. See the full airline lost baggage compensation guide for how baggage rights work under the Convention.

The Montreal Convention overrides airline contract-of-carriage terms on international routes. What the airline writes in its fine print does not eliminate your treaty rights.

The Convention applies to international carriage by air as defined in Article 1: carriage between two different countries that are both parties to the Convention, or carriage that begins and ends in the same country (round trip) with a stop in another country. Domestic US flights (New York to Los Angeles) are not covered by the Montreal Convention; they are governed by US domestic law. International flights from a US airport to any Convention signatory country are covered from the moment you check in at the US airport. This includes flights to Canada, Mexico, the UK, EU countries, Japan, Australia, and most other destinations. It includes code-share flights where the operating carrier and ticketing carrier are different, provided the itinerary qualifies as international. The nationality of the airline does not matter; a US carrier on an international route is fully subject to the Convention. See also EU261 flight delay compensation complete guide for how EU261 interacts with the Convention on European routes.

Article 19 of the Montreal Convention states that the carrier is liable for damage occasioned by delay in the carriage by air of passengers, baggage, or cargo. The liability cap for passenger delay is 5,346 SDR per passenger (approximately $7,300 at 2024 exchange rates; the SDR value fluctuates). This is not a fixed payout like EU261; it is a documented loss cap. You must prove: (1) you were delayed on an international Montreal Convention route; (2) you suffered a concrete loss caused by the delay (not mere inconvenience); and (3) the airline did not take all reasonable measures to avoid the delay or it was impossible to take those measures. What qualifies as documented loss: alternative transport expenses (taxi, train, rental car to reach your destination when you missed a connection), hotel costs for an overnight delay, meals during the delay, prepaid non-refundable reservations lost due to the late arrival, and documented business losses in some courts.

The Article 19 limit is $7,300 per passenger, not per family or per claim. Each ticketed passenger on the same delayed flight can claim independently up to the cap.

The Montreal Convention Article 17 covers baggage destruction, loss, or damage. The liability limit for checked baggage is 1,288 SDR per passenger (approximately $1,760 at 2024 rates). For delayed baggage specifically (Article 19 applied to baggage), the same 1,288 SDR limit applies. This covers replacement clothing, toiletries, and other necessities you purchase while waiting for delayed bags to be delivered. Most airlines post their baggage liability policies on their websites and at check-in, but rarely explain the 1,288 SDR limit applies to delay as well as loss. For the full breakdown of baggage delay claims, see baggage delay compensation: you're owed up to $2,000 and the main airline lost baggage compensation guide. Unchecked carry-on baggage lost or damaged by the airline is covered at 1,288 SDR only if the airline took custody of it (e.g., gate-checked).

EU261 and the Montreal Convention can apply to the same flight and the same passenger simultaneously. The CJEU has ruled that EU261 fixed compensation is a distinct remedy from the Montreal Convention documented loss remedy, and passengers may claim both. In practice: for a 4-hour delay on a Paris-to-New York flight operated by a US carrier, EU261 provides EUR 600 fixed compensation (flight over 3,500 km, departure from EU airport). The Montreal Convention Article 19 provides documented loss recovery up to $7,300 for the same passenger. The two claims proceed through different channels (EU261 through the carrier or national enforcement body; Montreal Convention through the carrier or court). They are not duplicative because one is fixed cash for the inconvenience and the other is reimbursement for actual losses. See international flight delay hotel reimbursement: Montreal Convention guide for how hotel and meal costs are handled.

EU261 and Montreal Convention Article 19 are cumulative, not alternative. Claim both on eligible routes.

The process for US passengers: (1) Write to the airline's customer relations department, citing Article 19 of the Montreal Convention, your specific documented losses (with receipts), and the SDR cap. (2) Give the airline 30 to 60 days to respond. (3) If the airline denies the claim or does not respond, escalate to the US DOT for domestic enforcement support, or to the national enforcement body of the departure or arrival country. (4) If enforcement is insufficient, file in small claims court (if the amount is within the limit, typically $10,000 or less depending on state) or federal court for larger amounts. Article 33 of the Montreal Convention allows passengers to sue in the country of their domicile for a round-trip ticket, which means US passengers can sue in US federal courts. The statute of limitations under the Convention is 2 years from the date of arrival or the date the aircraft should have arrived. See how to claim Montreal Convention compensation for a long delay for the step-by-step process.

The Montreal Convention does not cover: domestic US flights (governed by US federal and state law); flights that begin and end in non-signatory countries; delays caused entirely by force majeure (though this defense is interpreted narrowly and airlines bear the burden of proving it); or emotional distress, inconvenience, or speculative losses without documentation. The carrier can escape Article 19 liability only by proving it 'took all measures that could reasonably be required to avoid the damage or that it was impossible for it or them to take such measures.' In practice, most airline-caused delays (mechanical faults, crew scheduling failures) do not satisfy this defense. Weather and ATC ground stops are better candidates for the defense, though courts look at whether the airline had advance notice and failed to act. For the detailed walk-through including how to counter airline defenses, see how to claim Montreal Convention compensation for a long delay and visit the IATA Convention page for the treaty text. You can also check DOT's consumer protection resources.

The airline bears the burden of proving the 'all reasonable measures' defense. You do not need to disprove it; the airline must prove it.