Passenger rights

Air travels

Baggage problems

Passenger rights

When your baggage is delayed, lost or damaged, the carrier is liable for damages up to 1,131 SDRs (PLN 5937.75 according to the NBP average exchange rate of 12 October 2015). This amount is the upper liability limit, and not a lump sum for the aggrieved party.

Legal basis

The air carrier liability for damage to baggage is regulated by the Montreal Convention of 1999 and the Regulation (EC) No 889/2002 of the European Parliament and of the Council.

Complaint

1. If your baggage is damaged or lost, you should report it to the lost property office, filling in the Property Irregularity Report (PIR).

2.You must file a complaint to the carrier within:

  • 7 days from collecting the damaged baggage
  • 21 days from reporting delayed or lost baggage.

You must make a complaint in writing, using the complaint form available at the official website of the carrier, or by post, sending the copies of documents to the correspondence address of the airline.

3. Proving the damage – valuation, receipts/invoices. Pursuant to the Montreal Convention, the passenger must prove the damage incurred, and therefore should provide the carrier with receipts for the lost items in the lost baggage, as well as the receipt confirming the purchase of the bag itself.

4. If an airline registered in the European Union, Norway or Iceland refuses to pay compensation, the consumer may submit the case to the European Consumer Centre in his/her country (ECC-Net).

Limitation periods

Pursuant to the Montreal Convention, the limitation period is two years.

Remember:

  • Passengers should keep the originals of the documents. The airline should receive only the copies of documents.
  • If your baggage is delayed, you may claim reimbursement of the cost of items you bought while waiting for your baggage to arrive (clothes, shoes, hygiene products) – keep the receipts!
  • If your baggage is delayed, the carrier should deliver the bag to the place indicated by you. If you go to the airport to collect your baggage on your own, you may claim the transport costs from the carrier.
  • Before the flight, you should read the regulations of the carrier which include provisions on items and products for which the carrier is not liable, if the baggage is lost or damaged.
  • Before the flight, you should read the regulations of the carrier which include provisions on items and products for which the carrier is not liable, if the baggage is lost or damaged.
  • Carriers have a separate baggage category for sports equipment, musical instruments and animals. Make sure you know the rules governing their carriage before you buy a ticket.

Cancelled/delayed flight

Passenger rights

Cancelled flight

  • Ticket refund or other transport to your final destination
  • Right to care: meals and refreshments in relation to waiting time, two telephone calls, telex or fax messages, or e-mails
  • Hotel accommodation when a longer wait for an alternative flight is necessary, and transport between the airport and the hotelRight to compensation of EUR 250 to EUR 600 depending on the distance of your flight

Delayed flight

  • Right to care: meals and refreshments in relation to waiting time, two telephone calls, telex or fax messages, or e-mails. The delay after which passenger may claim the right to care depends on the duration of the flight (table below): 

    Delay giving the right to care when waiting for a flight

    Flight distance

    from 2 hours

    loty do 1500 kilometrów

     

    from 3 hours

    intra-Community flights of more than 1500 kilometres, and all other flights between 1500 and 3500 kilometres

    from 4 hours

    wszystkie inne loty

  • If your flight is delayed for more than 5 hours you are entitled to claim a ticket refund and a return flight to the point of departure (connecting flight) or re-routing.
  • Hotel accommodation, where a wait for one or more nights for an alternative flight becomes necessary, and transport between the airport and the hotel.
  • If your flight is delayed and you arrive 3 or more hours late at your final destination, you are entitled to compensation of EUR 250 to EUR 600 depending on the distance of your flight.

Legal basis

The above rights are guaranteed to the passengers by the Regulation (EC) No 261/2004 of the European Parliament and of the Council.

NOTE: Passengers of delayed flights may claim compensation on the basis of Judgment of the Court of Justice in the case of Sturgeon v Condor Flugdienst GmbH of November 2009 (C-402/07).

 

Complaint

1. You should complain about delayed or cancelled flight to the actual carrier (operator of the delayed/cancelled flight). The complaint must be submitted in writing (using a complaint form available at the website, by e-mail or by post). You should keep the confirmation of the delivery of your complaint to the carrier.

2. If the carrier refuses to pay compensation or fails to respond to the complaint within 30 days from its submission (contractual time limit), you have the right to complaint to the Civil Aviation Authority competent for the country where the flight was delayed or cancelled. In Poland, the competent authority is the Commission on Passengers' Rights at the Civil Aviation Authority, operating within the NEB-Net (National Enforcement Bodies).

NOTE: Polish speaking passengers may file a complaint to the Commission on Passengers' Rights. The complaint will be translated and sent to the competent European authority.

3. Decisions issued by the Civil Aviation Authority are administrative decisions. If the carrier fails to pay compensation, despite the fact that the relevant decision has been issued, you can bring an action to the court.

Limitation periods

The Regulation (EC) No 261/2004 does not define the time limit for the passenger to claim compensation, and thus two solutions are possible:

  • based on Article 208 of the Act - Aviation Law, pursuant to which the carrier is liable for damages during carriage according to principles laid down in international agreements ratified by Poland (Montreal Convention – 2 years),
  • based on Article 205(1) of the Act - Aviation Law, which refers to Article 778 of the Civil Code, pursuant to which claims are subject to a limitation period of one year.

Remember:

  • The carrier is not obliged to pay compensation in the case of extraordinary circumstances (political instability, meteorological conditions, security risks, strikes, unexpected flight safety shortcomings).
  • You should keep the receipts for meals and refreshments purchased while waiting for the flight and for the hotel. The copies of those receipts should be included in the complaint filed to the airline.
  • Passengers of charter flights also are entitled to claim compensation for delayed/cancelled flights.
  • The carrier has the right to re-routing 14 days before the flight.
  • If, in the case of a longer delay, the carrier fails to offer an alternative flight of a similar standard, you have the right to claim compensation, if you buy a ticket on your own.

Rail travels

Passenger rights

Train cancelled or delayed by 60 minutes or more

  • Ticket refund or other transport to your final destination
  • Right to care (meals and refreshments in relation to waiting time)
  • If a stay of one or more nights becomes necessary, you have the right to accommodation and transport between the hotel and the station, if physically possible
  • Right to compensation, if you have not used the right to reimbursement. The amount of compensation depends of the delay and the ticket fare:
    1. 25% of the ticket fare, if the train is between 60 and 119 minutes late
    2. 50% of the ticket fare, if the train is more than 120 minutes late.

Legal basis

The above rights are guaranteed to the passengers by the Regulation (EC) No 1371/2007 of the European Parliament and of the Council.  In Poland, the Regulation applies to all trains operated by PKP Intercity, i.e. TLK, IC, EIC, EIP, EC, EN and by Przewozy Regionalne, i.e. IR, RE, IR BUS, except for REGIO trains.

Note:  Passengers have the above rights also when cancellation or delay was caused by force majeure, e.g. bad weather or a natural disaster, as confirmed by the judgment of the Court of Justice in the case of C-509/11 ÖBB-Personenverkehr AG.

Complaint

1. You should make the complaint to the operator of a given train.

2. If the carrier rejects the complaint or fails to respond, you should make the complaint in writing to the President of the Office of Rail Transport, if the carrier is Polish.

3. If your complaint is rejected or you do not receive a reply, you may make a complaint to the European Consumer Centre, if the carrier is registered in other European Union Member State, Norway and Iceland.

Limitation periods

If you claim reimbursement of the cost for a ticket that was not fully or only partially used, you should make a complaint within a year from the date of the event concerned.

Remember:

  • You should ask the train conductor or manager to confirm the delay on your ticket.
  • You are not entitled to compensation, if you were informed about a delay before you bought the ticket.

Coach travels

Passenger rights

Coach delayed by 120 minutes or more

  • The carrier must offer other transport to final destination or a refund for a ticket (n case of travel passes or season tickets the payment is equal to its proportional part of the full cost of the pass or ticket).
  • If the railway undertaking fails to offer you a choice between a refund and re-routing, you are entitled to request compensation amounting to 50% of the ticket price.
  • In the event of cancellation or delay in departure of a regular service, the carrier or the terminal manager must inform the passengers about the expected start of the journey as soon as possible (not later than 30 minutes after the planned start of the journey).

In addition, if the journey scheduled to last more than 3 hours is cancelled or delayed by more than 90 minutes, the carrier should provide:

  • Posiłki i napoje w ilościach adekwatnych do czasu oczekiwania
  • Zakwaterowanie oraz transfer pomiędzy terminalem a hotelem w sytuacji, gdy opóźnienie powoduje konieczność pobytu przez jedną lub więcej nocy (maksymalnie 2 noce)

Legal basis

Bus and coach passenger rights are regulated by the Regulation (EU) No 181/2011 of the European Parliament and of the Council.

Complaint

1. You must file a complaint to the carrier concerned within 3 months from the date of the event.

2. If your complaint is rejected or you do not receive a reply within one or three months (if the carrier informs you about the expected delay in replying), you have the right to make a complaint to the national enforcement body for the Regulation No 181/2011. The competent authority in Poland in this regard is the General Inspectorate of Road Transport.

Remember:

If your complaint is rejected or you do not receive a reply, you may file a complaint for the carrier registered in other European Union Member State, Norway and Iceland to the European Consumer Centre.

Ship travels

Passenger rights

  • Ticket refund or other transport to final destination, if the journey is to be cancelled or delayed by 90 minutes or more
  • Right to compensation of 25% or 50% of the ticket price depending on the length of the delay and the journey distance
  • Right to information
  • Right to care (meals and refreshments in relation to waiting time, if the journey was cancelled or delayed by 90 minutes or more)
  • Right to accommodation (up to 3 nights), if you have to stay overnight or longer than you plan, if it is physically possible

Legal basis

The above rights are guaranteed to the passengers by the Regulation (EC) No 1177/2010 of the European Parliament and of the Council.

Complaint

1. You must complain to the carrier operating a given journey or the terminal operator within 2 months from the date of the event.

2. If the carrier refuses to pay compensation or fails to reply to your complaints, you have the right to make a complaint to the Maritime Office or the Office of Inland Navigation.

3. If your complaint is rejected or you do not receive a reply, you may make a complaint to the European Consumer Centre, if the carrier is registered in other European Union Member State, Norway and Iceland.

Remember:

  • The Regulation does not apply to ships:
    • certified to carry up to 12 passengers
    • which have a crew composed of not more than three persons or where the distance of the service is less than 500 metres
    • on excursion and sightseeing tours or propelled by mechanical means
  • You do not have the right to care, accommodation and compensation, if you were informed of a delay before you bought your ticket or if you have an open ticket