International Rights

MySkyHelp: Your Trusted Partner for Claims Under the Montreal Convention (MC99) and Beyond

Been impacted by a delayed, cancelled, or overbooked international flight, or suffered baggage issues? The Montreal Convention (MC99) is a pivotal international treaty that governs the rights and obligations of both air carriers and passengers for most international air travel worldwide. While it forms a crucial foundation, navigating its specifics, along with various national and regional laws, can be complex. MySkyHelp is here to simplify it, fighting for the compensation you deserve, no matter where your international journey takes you.

Understanding International Air Passenger Rights: The Montreal Convention (MC99)

Your Rights Under the Montreal Convention and Global Aviation Frameworks

The Montreal Convention, also known as MC99, is a cornerstone international treaty that applies in over 135 countries. It covers situations arising during the journey, including flight delays and cancellations, as well as damage to or loss of luggage and cargo. It provides a solid protection foundation for almost all international flights worldwide.

What does this mean for passengers? In essence, if you can substantiate that you suffered financial losses due to airline actions (such as flight delays, cancellations, or luggage mishandling), the Montreal Convention provides you the right to claim compensation.

Important Note: It's crucial to understand that MC99 doesn't provide the same level of air passenger protection as some regional regulations (like the EU's EC 261 or Brazil's ANAC 400), which often offer fixed, automatic cash compensation for certain disruptions. MC99, instead, focuses on covering "damages" resulting from airline actions.

Key Protections Under the Montreal Convention (MC99):

1. Two-Tier Liability System for Passenger Injury: MC99 established a two-tier liability system for passenger death or injury. It eliminates the need for passengers to prove the fault or negligence of the air carrier for claims up to 128,821.00 Special Drawing Rights (SDR) (approximately €160,000 / US$175,000). For damages exceeding this limit, the air carrier can only avoid liability by proving that the accident didn't happen by its negligence or was solely the result of third-party negligence.

2. Strict Liability Regime for Baggage and Cargo: The Montreal Convention is a potent ally for travelers dealing with baggage-related problems, encompassing delays, losses, and damages to luggage. Under MC99's provisions, passengers can claim up to 1,288 SDR (approximately €1,570 / US$1,700) for baggage issues that occurred while the airline was responsible for their care.

   • Time Limits: Baggage claims have strict time limits. You must inform the airline immediately upon arrival (preferably at the airport) if your luggage doesn't arrive as scheduled or arrives damaged.

     • Claims for damaged baggage should be filed within seven (7) days.

     • Claims for delayed baggage must be initiated within twenty-one (21) days.

     • If your bags remain unclaimed for more than 21 days and are considered lost, you still can file a claim within two years.

   • What can be claimed: Reimbursement for the value of lost/damaged luggage. For delayed baggage, claims extend beyond mere reimbursement for clothing and toiletries; you can claim the cost of renting essential replacement items (e.g., ski equipment). Retaining all receipts for such expenses is crucial.

   • Coverage: The Montreal Convention exclusively safeguards baggage on international flights.

3. Uniform Documentation System: MC99 introduced a uniform system of documentation for air travel, allowing the use of electronic tickets, airway bills, and other electronic documents instead of traditional paper ones, enhancing efficiency.

Limitations and Jurisdictional Variations (Delays & Cancellations):

When it comes to addressing flight delays and cancellations, MC99 operates differently from regulations like EU's EC 261 or Brazil's ANAC 400. Instead of outlining fixed compensation rights, MC99 uses the term "damages" to cover what passengers are entitled to.

The maximum claim for delay (per person) under MC99 is:

• SDR: 5,346

• EUR (approx.): €6,500

• US$ (approx.): 7,000

Important Considerations for "Damages":

• Interpretation Varies: The interpretation of what constitutes "damages" can vary significantly depending on the jurisdiction. In many regions (e.g., the United States), "damages" typically refer to monetary losses (e.g., missing prepaid reservations, additional hotel costs, or unexpected expenses due to air travel disruptions). You will generally be required to provide documentation and proof of these expenses.

• Broader Interpretation: In contrast, some parts of the world (e.g., the European Union) entertain a broader interpretation, potentially allowing claims for emotional damages, though these are typically resolved case by case.

• Key Action: Always keep your receipts in case you need to show proof of expenses incurred due to the disruption.

Exceptions: Extraordinary Circumstances:

MC99, like many other air passenger rights regulations, recognizes the concept of "extraordinary circumstances." In these situations, airlines are not deemed at fault for flight delays or cancellations and are, therefore, not obliged to provide compensation for damages. Examples include:

• Weather-related issues

• Safety or security risks

• Ground service employee or air traffic control strikes

Crucially: Airlines must still demonstrate that they have taken all reasonable measures to prevent delays or cancellations. If other airlines manage to mitigate a delay under the same adverse weather conditions, you may still be entitled to compensation. The determination of such cases hinges on a case-by-case analysis.

Time Constraints and Claims:

The Montreal Convention extends a time frame within which you can claim compensation for damages – up to two (2) years following the occurrence of the flight disruption. However, it's strongly advised to submit your claim as promptly as possible after the event. For baggage claims, as noted above, there are more stringent time limits (7 days for damaged, 21 days for delayed).

What Flights Are Covered by Montreal Convention (MC99)?

The Montreal Convention covers international flights between countries that have ratified it (over 130 nations, including the U.S. and E.U. member states). The convention also applies if your point of departure and final destination are both located in the same member state, but only if you have a stopover scheduled in another nation. For instance, if you're making a stopover in India while traveling between cities in a member country like China. The flight would not qualify as an "international" flight and would not be covered if it were a direct flight within China with no stops in between.

Expert Insight from MySkyHelp:

"The Montreal Convention is the global backbone for international passenger rights, particularly for baggage and delay-related damages. However, its 'damages' approach differs significantly from the 'fixed compensation' models of regional laws. The real complexity lies in proving your losses and navigating jurisdictional interpretations. MySkyHelp’s expertise in interpreting MC99 and understanding its interplay with national laws is crucial for building a strong claim and maximizing your potential recovery."

While the "international" landscape for passenger rights is fragmented, significant opportunities exist to claim what you're owed. MySkyHelp's deep expertise in international conventions, national regulations, and airline policies is your key to a successful and stress-free experience.

Useful Tips for Passengers:

• Document Everything Thoroughly: Keep all flight information (boarding passes, booking confirmations), and any communications from the airline.

• Get the Reason in Writing: Always ask the airline for the specific reason for any delay or cancellation in writing. This is crucial for determining if the disruption was within the airline's control and which laws might apply.

• Track and Prove Expenses: Keep all receipts for any additional expenses incurred due to the disruption (meals, accommodation, alternative transport, essential item rentals). These are vital for claiming "damages" under MC99.

• Report Baggage Issues Immediately: For damaged or delayed luggage, report the issue to the airline while you are still at the airport and ensure you get a Property Irregularity Report (PIR) or similar documentation. Be mindful of the strict 7-day (damaged) and 21-day (delayed) deadlines.

• Know Your Route's Laws: Briefly research passenger rights in your departure country, arrival country, and for the operating airline. This foresight, combined with MC99, defines your full rights.

• Don't Rush to Accept Vouchers: If you believe you are entitled to cash compensation or reimbursement for damages, insist on it rather than vouchers.

Why MySkyHelp is Your Premier Partner for International Claims:

• MC99 & Global Legal Expertise: We possess deep knowledge of the Montreal Convention and its interaction with regional and national passenger rights laws (like EU261, GACA, ANAC 400). This allows us to identify the most favorable legislation for your specific international flight. We find the strongest legal basis for your claim.

• "Damages" Claim Specialists: For cases under the Montreal Convention, we expertly compile documentation to prove your incurred damages, fighting for maximum recovery. We understand the nuances of what constitutes "damages" across different jurisdictions. We turn inconvenience into tangible compensation.

• Complex Case Navigation: We specialize in situations where multiple regulations could apply, ensuring your case is handled under the law that offers you the greatest protection and compensation. We untangle the international legal web for you.

• Expert Negotiation & Advocacy: We handle all communication with airlines globally, presenting your case persuasively and ensuring they comply with all applicable international and national regulations. We fight relentlessly across borders for your rights.

• Hassle-Free & Risk-Free Process: From initial assessment to communicating with airlines and relevant authorities worldwide, we manage the entire process, saving you immense time, stress, and frustration. You only pay if we succeed in getting you compensation.

Case Study:

Liam, a MySkyHelp client, experienced a 7-hour delay on his flight from Tokyo (Japan) to Toronto (Canada) due to an unexpected mechanical issue. Neither Japan nor Canada's specific laws provided fixed compensation for that exact scenario. However, MySkyHelp identified that the flight was covered by the Montreal Convention. Liam had incurred additional expenses for an unexpected hotel night (€120 / US$130) and a missed pre-booked tour (€80 / US$87). We meticulously documented his monetary losses, providing the necessary receipts and evidence. MySkyHelp successfully secured compensation for Liam covering his proven damages under MC99, demonstrating that even without fixed compensation, significant recourse is possible.

Expert Insight from MySkyHelp:

"For international air travel, understanding that your rights are a mosaic of different laws, primarily anchored by the Montreal Convention, is critical. The key to securing compensation lies in expertly identifying which piece of that mosaic applies most favorably to your situation and meticulously proving your damages where fixed compensation doesn't apply. With MySkyHelp, you gain a powerful global ally who ensures airlines comply with all their legal obligations worldwide and fights for your maximum entitlement, so you don't have to navigate the complexities alone."