EC 261/2004 vs Montreal Convention: The Differences Explained
If a European plane flies outside international zones, which law applies? Everything you need to know.
In aviation, two entities coexist: The Global Montreal Convention vs our strict internal European EU 261 Regulation.
EU 261 Superpowers
The EU invented a direct punitive fine mechanism to dissuade airlines from abusing passengers. It is a Fixed Sum: €250, €400, or €600. No proof of "damages" is needed, just proof of the delay itself.
The Montreal Convention
For external non-EU transcontinental flights (e.g., US domestic on Delta). Its rules are complex and limit rights to "reimbursement of proven financial damages caused by the delay".
This means you must prove in court the actual monetary loss caused (e.g., hotel bills, lost wages). It has no automatic €600 penalty fine. This is why flying inside or to Europe is the safest legal route in the world.
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