The following minimum passenger rights refer only to passengers travelling within EU borders and passengers departing from the airport within the territory of EU to the third countries or arriving to the airport in EU from the third countries with the carrier from European Community.

Right to care

Air carrier is obliged to care for passengers in the following situations:

  • cancellation of flights
  • refusal to accept the passenger on board against passenger’s will
  • substantial delay of flight

As a part of care the carrier will provide the passengers, free of charge, with:

  • food and drinks
  • two phone calls, faxes, teletypes or emails
  • hotel accommodation with transport between the airport and place of accommodation

Assistance is provided depending on the period of waiting for a delayed or alternative flight, whereas the entitlement for hotel accommodation is reserved only to the case of necessary waiting period for this flight for one or more nights.

The right to care does not apply in case when the delay lasts shorter than:

  • 2 hours in case of flights up to 1,500 km
  • 3 hours in case of intra-community flights exceeding 1,500 km
  • 3 hours in case of flights other than intra-community flights, in the distances from 1,500 km to 3,500 km
  • 4 hours in case of flights other than intra-community flights, in the distances exceeding 3,500 km

In case of people with limited mobility and their travel companions, and children travelling without carers, mentioned above, the necessary care must be provided immediately.

Entitlement to compensation

In case of refusal of entry on board against the will of the passenger or cancellation of the flight the carrier is obliged to pay the compensation in the following amounts:

  • 250 € for flights up to 1,500 km distance
  • 400 € for intra-EU flights exceeding 1,500 km distance
  • 400 € for flights other than in the area of EU, in the distances from 1,500 km to 3,500 km
  • 400 € for flights other than in the area of EU, in the distances exceeding 3,500 km

The amount of the compensation can be decreased by 50% if the time of alternative flight arrival in comparison with the scheduled flight does not exceed:

  • 2 hours in case of flights up to 1,500 km
  • 3 hours in case of intra-community flights exceeding 1,500 km
  • 3 hours in case of flights other than intra-community flights, in the distances from 1,500 km to 3,500 km
  • 4 hours in case of flights other than intra-community flights, in the distances exceeding 3,500 km

Entitlements to compensation do not apply when:

  • the refusal to accept passenger on board is rationally justified in particularly in case of health-related issues, safety requirements or improper travel documents
  • passengers were notified about the cancellation of flight at least 2 weeks before the scheduled time of departure
  • passengers were notified about the cancellation of flight in the period from 2 weeks to 7 days before the scheduled departure and at the same time they were offered a changed travel schedule, allowing them to depart no earlier than 2 hours before the scheduled departure and arrive to destination place no later than 4 hours after the scheduled arrival and passengers were informed about the cancellation of flight no earlier than 7 days before the scheduled flight and at the same time they were offered the change of flight schedule allowing them to depart not earlier than 1 hours before the scheduled flight and their arrival to the place of destination is no later than 2 hours after the scheduled flight
  • cancellation of flight is caused by extraordinary circumstances impossible to be avoided despite undertaking rational means of precaution (extraordinary circumstances are understood as, among others, political destabilization, meteorological conditions making it impossible to organize flights, safety threats, unexpected failures with impact on flight safety, strikes with impact on airlines activity)

Repayment of the compensation will take place in cash. Upon the consent of the passenger, the compensation may be in the form of the voucher or services.

General regulations concerning passenger rights for lost or damaged luggage:

The liability of airlines in case of delays, loss or damage of luggage is subject to the Montreal Convention. As per the Convention, passengers can claim compensation in the amount of 1131 sdr (5,670.16 PLN on the basis of exchange rate of the National Bank of Poland as of 13.11.2012). Updated exchange rate of sdr is available on the official website of the National Bank of Poland: www.nbp.pl

The attention must be paid that the amount of 1131 SRD is not a flat-rate for the aggrieved passenger but is the upper limit of carrier’s liability in case of delays, loss or damage of luggage. The reception of compensation depends on several important factors and it is the consumer who is obliged to prove the incurred loss.

On determination of loss or damage of luggage:

  1. FILL in the form concerning the luggage non-conformity, so-called PIR (property irregularity report) on the airport.
  2. LODGE THE COMPLAINT in the period of:
    • 7 days since the collection of the damaged luggage
    • 21 days since the collection of the delayed luggage
  3. VALUE THE DAMAGE

In case of damaging the suitcase, the airline usually asks for the receipt of new suitcase purchase and refunds the costs. In case of luggage loss, when it is difficult to set the total value of lost items it is worth enclosing the receipts to the demand for compensation. If we do not have such receipts, then we have to accept the fact that the airlines calculate the value as per the weight of the registered luggage.

Airlines have carriage regulations which exclude the liability for valuable items kept in luggage. Before the departure please read the conditions of carriage and ask the carrier for possibility to secure valuable items.

Right to get the full refund for ticker and return flight free of charge

In case of flight cancellation, refusal to take passenger abroad or delay exceeding 5 hours, passengers have the right to withdraw from the contract. In such a case the carrier is obliged to:

  • make cash refund for ticket purchase, within 7 days, in the amount exactly the same as the price of purchase, for the part or parts of discontinued travel or for the part or parts of completed travel if the flight is no longer valid for the initial purpose of the travel schedule of the passenger; to provide the passenger -if it is convenient- with the earliest possible date of return flight, as close as possible to the initial place of departure.

Upon the written consent of the passenger, it is possible to make refund for the ticket price in the form of voucher or services.

Right to change the travel schedule

In case of cancellation of flight or refusal to board the carrier is obliged to provide the passenger with the changed schedule of travel on comparable conditions to allow him/her to reach the destination:

  • in the earliest possible time or
  • in the later time convenient for both passenger and carrier

Right to change travel schedule does not apply to passengers who benefited from refund of the total ticket price.

Right to refund partial ticket price for the change of class of travel

When the carrier places the passenger in the class lower than the class specified in the purchased ticket, the carrier is obliged, in the period of 7 days, to make refund:

  • of 30% ticket price in case of flights up to 1,500 km
  • of 50% ticket price in case of intra-community flights exceeding 1,500 km
  • of 50% ticket price in case of flights other than intra-community flights, in the distances from 1,500 km to 3,500 km
  • of 75% ticket price in case of flights other than intra-community flights, in the distances exceeding 3,500 km

The carrier cannot charge the passenger for placing in the class higher than the class specified in the purchased ticket.

Right to information on passenger rights

In case of flight cancellation, refusal to accept passenger abroad and delays of flights at least two hours, the carrier is obliged to hand each and every passenger the information about the regulations concerning minimum passenger rights including the entitlements to compensation and receiving proper care.

Right to information on carrier’s identity

Air services provider (including air carriers, trip organizers and ticket brokers) are obliged to inform passengers about the identity of the carrier or air carriers rendering flight services, regardless of the manner of making reservations. The particulars should allow passengers to check, among others, whether a given carrier is not included in the EU list of carriers with prohibition to perform air services within EU community, published, among others, on the websites of carriers, websites of airports or Civil Aviation Office.

If the flight is provided by the carrier included in the list, specified above, that could lead to cancellation of flight if it is in the territory of European Community, the passenger is entitled to change the schedule of travel or demand the refund of the whole price of ticket, on condition the passenger chose the resignation from the flight when the flight was not actually cancelled.

Right to complain on air carrier

In case of breach of any of the aforementioned provisions passengers can lodge complaints concerning carriers. The complaint can be lodged upon prior exhaustion of complaint procedure. In the territory of the Republic of Poland, the proper body for the settlement of such passenger issues is:

Civil Aviation Office
ul. Marcina Flisa 2
02-247 Warszawa
E. kancelaria@ulc.gov.pl

Customer Service phone numbers:
Phone. +48 22 520 74 35,
Phone. +48 22 520 74 36,
Phone. +48 22 520 74 37,
Fax. +48 22 520 72 02
Fax. +48 22 520 74 38

Details on complaints are available on the official website of Civil Aviation Office www.ulc.gov.pl

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