Holiday accident claims

The Montreal Convention: What can you claim for?

The Montreal Convention creates strict rules for how airlines handle passenger claims. Find out here what you could claim for. Could you have a claim?


23 August 2024

What is the Montreal Convention 1999?

The Montreal Convention 1999 unifies all the different liability agreements for airlines that have been developed since 1929 with no cohesion. It creates strict rules for how airlines handle passenger claims for luggage delay, loss or damage compensation, as well as liability in death or injury.

The Montreal Convention applies to all international flights between countries and territories that honour the regulation. Currently, over 135 countries and territories (all member states of the European Union and a large majority of the UN member states) abide by the Montreal Convention.

What does the Montreal Convention cover?

Some examples of claims you can make under the convention include:

  • Overhead locker door injuries
  • Overhead baggage falling
  • Slips or trips – on or off the plane
  • Burns or scalds from food service
  • Trolley accidents
  • In-flight turbulence
  • Heavy landings
  • Injuries caused by other passengers
  • Allergy reaction to in-flight meals

At first glance the regime seems to be very consumer friendly but matters get a little trickier when attempting to establish that an accident has occurred. This is because the passenger needs to prove:

  • The accident itself was unusual or unexpected (outside the ordinary course of events)
  • The accident was external to the passenger (it was not caused due to their internal reaction i.e. Deep Vein Thrombosis)
  • The accident took place upon the aircraft or during the process of embarkation or disembarkation

How long do you have to claim?

The Convention has a strict time limit for which you can bring a claim which is two years from the date of the accident. It is advisable, however, that if you have been injured upon an aircraft, or during embarkation, or disembarkation, that you seek advice on making a claim without delay.

How can we help?

Our team of leading experts are exclusively focused on handling cases related to accidents that happen outside of the United Kingdom. This singular focus ensures you receive the highest level of expertise and attention for your unique situation.

To speak to our experts about a claim, call us on 0330 107 4994 or contact us online here.

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