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Guide for passengers’ rights


http://www.ulc.gov.pl/en/passengers-rights

complaints, CLAIMS and comments


The complaint should be considered within 30 days from the date on which it was made.

The complaint procedure is considered to have been exhausted when the air carrier, tour operator or ticket vendor has considered the complaint or the time limit for its consideration has lapsed.

If the air carrier, tour operator or ticket vendor did not respond to the complaints within 30 days from the date on which it was made it is considered to have been deemed justified.

You made a complaints, a carrier received a full application and did not respond within 30 days or did not consider your case in a manner which satisfied you? You may seek assistance of the Passengers’ Rights Ombudsman in resolving the dispute. More information on how to submit the application and contact data can be found on the website: pasazerlotniczy.ulc.gov.pl

Having submitted the application for initiating the proceedings before the Passengers’ Rights Ombudsman, you will be informed on the further status of the case. After an application has been received, the proceedings concerning the amicable resolution of your dispute with the carrier will commence.

If you want only to report irregularities in the carrier’s activities concerning passenger rights to the President of the Civil Aviation Authority and you do not want to claim compensation for your financial losses in the proceedings before the Ombudsman and you only demand supervisory actions towards the air carrier - submit a notification to the President of the Civil Aviation Authority:

  • in the paper form to the address of the Civil Aviation Authority,
  • in the electronic form through:
  1. the Electronic Platform of Public Administration Services (ePUAP),
  2. the Trusted Profile
Please attach documents confirming your objections to the notification.

Depending on the type of the case, the Authority may use the information during a control and in the event of suspected violation of passenger’s rights - instigate the administrative proceedings in order to impose a penalty on the Carrier. The Authority does not, however, intervene in individual cases of passengers. In individual cases the passenger may pursue claims in the proceedings before the Passengers’ Rights Ombudsman or before a common court.

Cancelled flight


In case of a cancelled flight you have the right to:

A choice between:
  1. – reimbursement, within seven days, of the full cost of the ticket at the price at which it was bought, for the part or parts of the journey not made, and for the part or parts already made if the flight is no longer serving any purpose in relation to the passenger's original travel plan, together with, when relevant,- a return flight to the first point of departure, at the earliest opportunity;
  2. re-routing, under comparable transport conditions, to your final destination at the earliest opportunity; or
  3. re-routing, under comparable transport conditions, to your final destination at a later date at your convenience, subject to availability of seats.
Assistance in the form of:
  1. meals and refreshments in a number adequate to the waiting time
  2. 2 free phone calls, 2 free fax messages or e-mails.
When the reasonably expected time of departure of the new flight is at least the day after the departure as it was planned for the cancelled flight,
  1. hotel accommodation in cases: - where a stay of one or more nights becomes necessary, or - where a stay additional to that intended by the passenger becomes necessary;
  2. transport between the airport and place of accommodation (hotel or other).
Compensation:

  1. EUR 250 for all flights of 1500 kilometres or less;
  2. EUR 400 for all intra-Community flights of more than 1500 kilometres, and for all other flights between 1500 and 3500 kilometres;
  3. EUR 600 for all other flights.
You shall not be entitled to compensation:

  1. if you are informed of the cancellation at least two weeks before the scheduled time of departure; or
  2. if you are informed of the cancellation between two weeks and seven days before the scheduled time of departure and offered re-routing, allowing you to depart no more than two hours before the scheduled time of departure and to reach your final destination less than four hours after the scheduled time of arrival; or
  3. if you were informed of the cancellation less than seven days before the scheduled time of departure and offered re-routing, allowing you to depart no more than one hour before the scheduled time of departure and to reach your final destination less than two hours after the scheduled time of arrival.
  4. if an operating air carrier can prove that the cancellation is caused by extraordinary circumstances which could not have been avoided even if all reasonable measures had been taken.
Compensation reduced by 50%:

When you are offered re-routing to your final destination on an alternative flight, the arrival time of which does not exceed the scheduled arrival time of the flight originally booked
  1. by two hours, in respect of all flights of 1500 kilometres or less; or
  2. by three hours, in respect of all intra-Community flights of more than 1500 kilometres and for all other flights between 1500 and 3500 kilometres; or
  3. by four hours, in respect of all other flights.

Delayed flight


When an operating air carrier reasonably expects a flight to be delayed beyond its scheduled time of departure:

  1. for two hours or more in the case of flights of 1500 kilometres or less; or
  2. for three hours or more in the case of all intra-EU flights of more than 1500 kilometres and of all other flights between 1500 and 3500 kilometres; or
  3. for four hours or more in the case of all other flights
you should be offered:
- meals and refreshments in a number adequate to the waiting time
- 2 free phone calls, 2 free telex, 2 free fax messages or e-mails.

When the reasonably expected time of departure is at least the day after the time of departure previously announced:
You should additionally be provided with:

  1. hotel accommodation in cases:- where a stay of one or more nights becomes necessary, or - where a stay additional to that intended by the passenger becomes necessary
  2. transport between the airport and place of accommodation (hotel or other)
If the delay amounts to at least 5 hours, you have the right to:

  • reimbursement, within seven days, of the full cost of the ticket at the price at which it was bought, for the part or parts of the journey not made, and for the part or parts already made if the flight is no longer serving any purpose in relation to the passenger's original travel plan, together with, when relevant,
  • a return flight to the first point of departure, at the earliest opportunity;
If your flight is delayed, when you reach your final destination three hours or more after the arrival time originally scheduled by the air carrier
You are entitled to compensation:

a. EUR 250 for all flights of 1500 kilometres or less;
b. EUR 400 for all intra-EU flights of more than 1500 kilometres, and for all other flights between 1500 and 3500 kilometres;
c. EUR 600 for all other flights.

An operating air carrier shall not be obliged to pay compensation if it can prove that the delay of the flight was caused by extraordinary circumstances which could not have been avoided even if all reasonable measures had been taken, i.e. the circumstances which are beyond the effective control of the air carrier.

Compensation may be reduced by 50%:

if you are offered re-routing to your final destination on an alternative flight, the arrival time of which does not exceed the scheduled arrival time of the flight originally booked
  1. by two hours, in respect of all flights of 1500 kilometres or less; or
  2. by three hours, in respect of all intra-EUflights of more than 1500 kilometres and for all other flights between 1500 and 3500 kilometres; or
  3. by four hours, in respect of all other flights.

Denied boarding


When an operating air carrier reasonably expects to deny boarding on a flight, it shall first call for volunteers to surrender their reservations in exchange for benefits under conditions agreed between the passenger concerned and the operating air carrier.
Volunteering passengers shall be offered the choice between:

  1. reimbursement, within seven days, of the full cost of the ticket at the price at which it was bought, for the part or parts of the journey not made, and for the part or parts already made if the flight is no longer serving any purpose in relation to the passenger's original travel plan, together with, when relevant, a return flight to the first point of departure, at the earliest opportunity;
  2. re-routing, under comparable transport conditions, to their final destination at the earliest opportunity; or
  3. re-routing, under comparable transport conditions, to their final destination at a later date at the passenger's convenience, subject to availability of seats.
If an insufficient number of volunteers comes forward to allow the remaining passengers with reservations to board the flight, the operating air carrier may then deny boarding to passengers against their will. In such a case you:

are paid compensation:

  1. EUR 250 for all flights of 1500 kilometres or less;
  2. EUR 400 for all intra-EU flights of more than 1500 kilometres, and for all other flights between 1500 and 3500 kilometres;
  3. EUR 600 for all other flights
and are offered assistance:

  1. the choice between:
    1. reimbursement, within seven days, of the full cost of the ticket at the price at which it was bought, for the part or parts of the journey not made, and for the part or parts already made if the flight is no longer serving any purpose in relation to the passenger's original travel plan, together with, when relevant, a return flight to the first point of departure, at the earliest opportunity;
    2. re-routing, under comparable transport conditions, to their final destination at the earliest opportunity; or
    3. re-routing, under comparable transport conditions, to their final destination at a later date at the passenger's convenience, subject to availability of seats.
  2. meals and refreshments in a number adequate to the waiting time
  3. 2 free phone calls,  2 free fax messages or e-mails.
  4. hotel accommodation in cases: – - where a stay of one or more nights becomes necessary, or where a stay additional to that intended by the passenger becomes necessary;
  5. transport between the airport and place of accommodation (hotel or other)

Upgrade and downgrade


If an operating air carrier places you in a class higher than that for which the ticket was purchased, it may not request any supplementary payment.

If an operating air carrier places you in a class lower than that for which the ticket was purchased, it shall, within seven days, reimburse:
  1. 30% of the price of the ticket for all flights of 1500 kilometres or less, or
  2. 50% of the price of the ticket for all intra-EU flights of more than 1500 kilometres (except flights between the European territory of the Member States and the French overseas departments) and for all other flights between 1500 and 3500 kilometres, or
  3. 75% of the price of the ticket for all other flights, including flights between the European territory of the Member States and the French overseas departments.

Facilities for persons with special needs

Information obligations of carriers


At check-in desk a clearly legible notice containing the following text should be displayed in a manner clearly visible to passengers:

“If you are denied boarding or if your flight is cancelled or delayed for at least two hours, ask at the check-in counter or boarding gate for the text stating your rights, particularly with regard to compensation and assistance”.
If you were denied boarding or your flight was cancelled you should be provided with a written notice setting out the rules for compensation and assistance in line with this Regulation by the air carrier.

You should also be given the contact details of the national designated body responsible for executing provisions of the Regulation (EC) No 261/2004/EC in a written form.

European Supervisory Authorities

Polish consumer organisations

Air carriers

Contact
LogoCivil Aviation Authority
THE PASSENGERS’ RIGHTS OMBUDSMAN
Adress:
ul. Marcina Flisa 2
02-247 Warsaw, Poland
Telephone:
+48 222 692 600
from 9.00 to 13.00 
from Monday to Friday
Fax:
+48 22 520-73-00
Working hours:
from Monday (8:15 a.m)
to Friday (16:15 p.m)
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