In the case of large, renowned airlines, filing claims for a cancelled or delayed flight is much easier. Such compensation ranges from 250 to 600 euros, depending on the route and length of the flight – said attorney Eliza Kuna in the program “Dzień na świata” on TVN24 BiS. In the event of delays, passengers are also entitled to drinks, meals, and even accommodation.
A delayed or canceled flight is one of the worst things that can happen during the holidays, and this summer such incidents are almost everyday occurrences. Most often, disruptions to air traffic are caused by aircraft failures, strikes or unstable weather. What rights do passengers have in such cases?
Cancelled or delayed flight – what compensation?
Attorney Eliza Kuna from the Eliza Kuna Law Firm in an interview with TVN24 BiS pointed out that depending on whether we chose a travel agency or travel on our own, the process of applying for compensation will be different.
– Certainly, if we fly with a travel agency, the addressee of all our claims is the travel agency in the first place, because we buy a so-called package tourist service, i.e. flight, transfer and hotel. Therefore, if something goes wrong, for example the flight is delayed or the carrier cancels the connection, the travel agency is obliged to guarantee us another method of transport and pay appropriate compensation, compensation or reimbursement of part of the costs incurred – explained the interviewee.
She emphasized that when we fly alone, we have to do triple the work, because each claim, such as compensation or reimbursement, must be filed separately. – Of course, in the case of large, renowned airlines, European airlines, it is much easier to file such claims. We are talking here primarily about the so-called compensation for a delayed or canceled flight – she explained.
As she pointed out, “compensation for a delayed or canceled flight ranges from 250 to 600 euros depending on the route and length of the flight.”
– If we report it to a reputable carrier, such carriers have special forms on their websites for reporting such damages and they respond quite quickly, they comply with EU regulations. It is much more difficult in the case of carriers that are more exotic by contract or so-called charter airlines. Then it sometimes turns out that such a complaint procedure of our report is not enough and we have to consider legal action – she said.
Flight delay – what are we entitled to?
Kuna also recalled that after just two hours of flight delay passengers are entitled to vouchers for food and drinks at the airport. After three hours, it is already possible to apply for compensation. She also emphasized that it is worth documenting the delay by taking a photo, for example, of the arrivals or departures board. Importantly, the aforementioned compensation will not be available in all situations.
– What is worth documenting is the possible cause of the delay. Sometimes it happens that the airline or the information office at the airport provides information that, for example, it is a plane failure. It is worth asking for such information in writing or by email because the airline will not want or have to pay us compensation for every cause. Because if it is an external cause, such as an airport strike, a ground staff strike, or, for example, a bird strike, which is popular in case law, it is a cause for which the airline is not responsible. Therefore, it has the right to refuse to pay compensation – she stated.
The airline is liable in the event of an aircraft failure, a strike by captains or stewardesses, or other technical problems.
– If the flight was postponed, for example, to the next day, the carrier is of course obliged to provide us with a hotel. If it was cancelled, the carrier is obliged to offer us another alternative flight. However, if this is not possible, the principle of full liability for the damage simply applies. In other words, it should definitely reimburse us for the necessary stay related to the fact that we have to return on another flight, for example the next day – explained the attorney.
Payment of compensation – controversy in case law
The interviewee drew attention to the controversy in the case law regarding the refund of tickets.
– The carrier should definitely refund the cost of our ticket, i.e. the cost we incurred when buying the ticket from the first carrier. However, whether it should also compensate us for the difference, i.e. how much more we paid when we were forced to buy another ticket, is debatable. And unfortunately, most often such cases end up in court and then the court, depending on the circumstances of the situation, decides to award full compensation or only part of it – she said.
Kuna advised that it is best to travel with “renowned carriers, i.e. large airlines, i.e. those that have a wide network of connections”because then the chance of quickly finding a replacement connection increases. She also admitted that travel insurance can guarantee reimbursement of costs incurred related to purchasing a new ticket.
– We can also consider traveling with a travel agency, because then the problem is sort of directed at the agency, we should no longer care whether we travel on our own charter or another one, because the travel agency has to provide a new plane and a carrier that will take us safely to the country – she explained.
According to the interviewee, the principle of a “responsible man” applies when applying for a refund. – If it is within reason, we do not eat in a Michelin star restaurant, but in a hotel restaurant or an airport restaurant, it seems that we are entitled to such a benefit – she concluded.
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