The Montreal Convention, also known as MC99, is an international treaty established in 1999 to regulate liability and compensation rules during international flights. It was created as a successor to the Warsaw Conventio
The Montreal Convention, also known as MC99, is an international treaty established in 1999 to regulate liability and compensation rules during international flights. It was created as a successor to the Warsaw Convention, aiming to modernize and harmonize the legal framework governing passenger protections and airline liability. The treaty helps to ensure fair and consistent treatment for passengers across all member nations, and is one of the most essential treaties when it comes to international aviation.
The Montreal Convention was designed to establish a simple and predictable legal regime for international passenger aviation. Its primary goal was to develop uniform rules to protect passengers, baggage, and cargo in cases of injury, death, or other incidents during international air travel. By providing a consistent and predictable legal regime, the Montreal Convention seeks to simplify the resolution of disputes, protect passengers, and promote the growth and sustainability of aviation worldwide. With 136 member nations, plus every member of the European Union, navigating claims is much easier, as passengers don’t have to worry about navigating radically different jurisdictions and rules regarding international flights.
MC99 has many provisions that help to achieve this goal. It establishes the airline’s liability for damages experienced by passengers, specifically in the cases of death or bodily injury to the passenger, destruction, loss, or damage to checked baggage or cargo, or damage caused by delays that affect passengers, baggage, or cargo. The treaty also establishes that the plaintiff in such cases does not need to prove the airline’s fault. The only exception is if the airline can prove that the damage resulted from the passenger’s negligence or a third party’s negligence.
In the case of death or injury, the passenger may be eligible for compensation up to about $170,000. In the case of damages caused by delays, the passenger may be eligible for compensation up to about $7,000. In the case of loss, damage, or destruction of baggage or cargo, the passenger may be eligible for compensation up to about $1,700. MC99 establishes five jurisdictions where claims can be brought against the airline: