Air travel is no longer so reliable

As air travel becomes ever more accessible, problems with reaching one’s destination or getting home are increasingly common. More and more passengers report trouble with airlines - flight delays, cancellations and diversions to other airports. Such situations cause not only stress, but also real financial loss and lost time.

Airport problems - the example of Kraków

An article in Rzeczpospolita reported that Kraków’s airport had recently been very popular with travelers. Unfortunately, the increase in air traffic has also brought more frequent operational problems. Passengers have had to reckon with canceled flights, delays and diversions to other airports, caused by poor weather conditions and a lack of equipment capable of handling landings in difficult conditions.

A delayed or canceled flight - how to enforce your rights

Where a flight is delayed or canceled, passengers have specific rights, governed chiefly by Regulation (EC) No 261/2004 of the European Parliament and of the Council. It sets out the benefits to which passengers are entitled, including the possibility of compensation for a delayed or canceled flight. Unfortunately, airlines rarely award compensation on the first request. Rejecting claims is a common practice, which discourages many travelers from pursuing their rights further.

Compensation for a delayed or canceled flight - what are you entitled to?

Under Regulation 261/2004, passengers can claim compensation of between €250 and €600, depending on the length of the route and the duration of the delay. Airlines must also provide care, such as meals, refreshments, hotel accommodation and transport between the airport and the place of accommodation, where the delay makes an overnight stay necessary. A summary of passenger rights is also available on the official website of the Civil Aviation Authority (Urząd Lotnictwa Cywilnego, ULC).

When are airlines not required to pay compensation?

Not every situation entitles a passenger to compensation. Airlines can escape liability where the cancellation or delay was caused by extraordinary circumstances, such as:

• poor weather conditions,
• strikes beyond the carrier’s control,
• safety-related issues.

Delayed baggage and the Montreal Convention

Besides problems with flights, travelers can also face lost or delayed baggage. The Montreal Convention applies in such cases and provides for compensation for losses incurred. It is worth reporting the problem at the airport as soon as possible, and keeping all documents and receipts evidencing the expenses incurred.

The limitation period for flight-delay compensation claims

Claims for compensation for a delayed or canceled flight are subject to a limitation period. In Poland, passengers have one year in which to pursue their rights. It is therefore worth acting quickly, so as not to lose the chance to obtain the compensation due.

FAQ

1. What documents are needed to make a claim against an airline?

To pursue compensation effectively, it is worth gathering documents such as the boarding pass, flight tickets, confirmation of the delay or cancellation, and any correspondence with the airline.

2. Can I claim compensation myself, or is it better to use a lawyer?

You can make a claim yourself, but a lawyer’s help can improve the chances of successfully obtaining compensation, especially where the airline refuses to pay.

3. What should I do if the airline rejects my claim?

If your claim has been rejected, you can refer the matter to the Civil Aviation Authority (ULC) or bring proceedings before a court.