Updated on February 5, 2024.
Fact checked
by Scott Welsch
writing Written
by Martynas Baniulis

EU 261 is a very cut and dry flight compensation law that outlines what passengers are entitled to if they face a delay, cancellation, or other flight issues while traveling in or through Europe. Depending on the circumstances, you could be eligible to claim up to $700 (€600), but the trick is the issue needs to occur during European travel for EU 261 to apply.

Now, just because there isn’t a direct EU 261 law in Canada that applies doesn’t mean that there aren’t other regulations in place to help protect passengers, namely the Montreal Convention. Here’s everything you need to know to claim compensation against airlines for your troubles.

Key Takeaways

  • EU 261 law applies to flights to or from Europe to anywhere in Canada, and passengers may be eligible for up to $700 (€600) in compensation for issues such as delays, cancellations, and overbooking.
  • If the issue occurs outside Europe, passengers can still claim compensation under the Montreal Convention, which covers damages up to $7,000 for expenses incurred due to flight delays, cancellations, or lost luggage.
  • The Montreal Convention operates on a case-by-case basis, and strict time limits apply to filing claims. Passengers must provide documentation to support their case, and seeking professional guidance on emotional damages claims may be advisable.
  • Passengers should keep all receipts and pictures of expenses incurred, regardless of which law applies, to support their claim.
  • It’s essential to understand your rights as a traveler and the regulations in place to protect you when traveling, especially if you experience flight issues that may entitle you to compensation.

EU 261 And Canada

If you are flying to or from Europe to anywhere in Canada, then EU 261 would apply. Under this law, you could receive up to $700 (€600) in compensation if your flight is delayed, cancelled, and overbooked. It also applies if you missed your connection because of a delay with an earlier leg of your journey.

The amount of compensation you are entitled to depend on how long the delay was, the length of your flight, your destination, and more. The issue had to occur during European travel to qualify. So if you’re flying from London, your departing flight would need to be delayed. Depending on where the issue occurred, you have several years to file a claim under EU 261.

Montreal Convention

If your issue doesn’t occur in Europe, you still have some rights under the Montreal Convention. This rule covers damages, so it’s a little less cut and dry than the EU 261. It operates on a case-by-case basis, so it can be a bit more complex to navigate.

Currently, the Montreal Convention applies in more than 135 countries. If you can prove that you faced damages as a result of a delayed or cancelled flight or if the airline lost your luggage, you can claim compensation. These damages can total up to $7,000, covering things like hotel bills, heals, and other unforeseen expenses that you incurred as a result of the issue. If they lose your luggage or if it is damaged or delayed, you can claim up to $1,700 in damages.

Under the Montreal Convention, you can also file for emotional damage, which can be harder to claim. You can’t really put a price on missing a first dance recital or being late for opening night. If you plan on claiming emotional damages, you may want to seek professional guidance on how best to approach these issues. They are applicable under the Montreal Convention.

Depending on what you plan to file a claim for, you have strict time limits that you’ll need to adhere to. Some baggage claims must be filed within 7 to 21 days, depending on the circumstances around the issue. For all claims, you will be required to submit documentation, so make sure that you keep all receipts and pictures that could make your case.

So, Is There an EU 261 Law in Canada?

is there eu261 law in Canada

EU 261 is a European regulation, and there is no direct law in Canada that matches it. However, it does apply to flights that have European touchpoints that are cancelled or delayed, including if the final destination is in Canada. For EU 261 to apply, the impacted portion must be in Europe.

If not, you can also file for damages and recoup some of your losses under the Montreal Convention. This is another law that protects international travelers against delays, cancellations, and lost luggage. Depending on the circumstances, you could claim up to $7,000 in damages, so make sure to document all of your expenses.

Frequently Asked Questions

  • Does EU 261 law apply to flights from Canada to Europe?

No, the EU 261 law only applies to flights to or from Europe to anywhere in Canada.

  • How much compensation can I receive under EU 261 law?

The compensation you can receive under EU 261 law depends on the circumstances, such as the length of the delay and the distance of the flight, but it can be up to $700 (€600).

  • What is the Montreal Convention?

The Montreal Convention is a regulation that covers damages for flight issues such as delays, cancellations, and lost luggage, and it applies to international travel.

  • How much compensation can I receive under the Montreal Convention?

The Montreal Convention covers damages up to $7,000 for expenses incurred due to flight issues such as delays, cancellations, and lost luggage.

  • Are emotional damages covered under the Montreal Convention?

Yes, emotional damages can be covered under the Montreal Convention, but they can be more challenging to claim and may require professional guidance.

  • What documentation do I need to provide to support my claim?

You will need to provide documentation such as receipts and pictures of expenses incurred due to flight issues, to support your claim.