Holidays by plane [PASSENGER RIGHTS]

As you fly to your holiday destination, not only should you make sure that you take a sunblock or a tourist guide with you, but you should also learn a few useful things about travelling. Here are several fundamental passenger rights from the European Consumer Centre Poland for those of you who are either enjoying or planning your holidays.

Baggage loss or damage

The right to compensation. For baggage loss or damage, airlines are liable up to 1,131 SDR (which amounts to ca. 5,918 PLN). The burden of proof rests on the consumer..

Useful information

If you find that your baggage has been lost or damaged, you should call at the information desk while still at the airport, fill in the Property Irregularity Report, keep a copy and file a complaint within: 7 days from receipt of the damaged baggage and 21 days from receipt of the delayed baggage. The regulations fail to specify the time to claim lost baggage. For PIR templates in Polish and English, please visit: www.konsument.gov.pl.

In the event of baggage loss, it is difficult to estimate the full value of the lost items, which is why you should attach receipts to your claim. You can also document the contents of your baggage if you take photos before departure or draw a detailed list of the items.

Regulations by many carriers exclude their liability for any valuables put into storage, i.e. jewellery, photographic or sports equipment. You should either additionally insure these items or carry them in your hand luggage.

Example

A consumer travelled with German air lines to the Dominican Republic. Upon arrival to the island, it turned out that his luggage was lost. After a few days of vacation, his suitcase was delivered to him, but it was in very bad condition. The consumer had to bear the costs of buying the basics (T-shirts, socks, flip flops). He kept receipts and contacted the carrier immediately after returning to Poland. However, the airline did not respond to his written complaints, which is why he referred the case to the European Consumer Centre Poland. As a result of the ECC intervention, the carrier returned 1800 PLN to the consumer. The amount served as both compensation for damaged luggage and the reimbursement of the expenses incurred for buying personal belongings on-site

Delayed flight

The right to receive written information about the rules for compensation and aid entitlement for a passenger affected by a two-hour delay or longer.

The right to care: receiving free meals and refreshments in amounts proportionate to the waiting time.

The right to free accommodation and free transportation between airport and hotel.The right to reimbursement of the ticket or a return flight to the first point of departure where a delay is at least five hours long.

The right to compensation in the amount of 250 EUR to 600 EUR (depending on the travel range) where passengers arrive at their destination at least three hours after the scheduled arrival time by the carrier (based on the judgement of 19 November 2009 by the EU Court of Justice in Joined Cases C-402/07 and C-432/07).

Useful information

The right to complaint may be exercised if the carrier fails to provide any meals to passengers and the delay extends to several hours. In order to request reimbursement of the expenses incurred, the complaint must be accompanied by a bill, e.g. for a meal at the airport bar.

Passengers are advised to file a complaint regardless of the problems reported by the airlines. The latter could cancel the flight due to ostensible reasons such as bad weather.

Cancelled flight

The right to receive written information about the rules for compensation and aid entitlement.

The right to care: receiving free meals and refreshments, and the right to accommodation (including free transportation between airport and hotel).

The right to choose between reimbursement of the ticket and an alternative flight to the passenger's destination.

The right to compensation (additional financial compensation) in the amount of 250 EUR to 600 EUR depending on the travel range where the flight was cancelled too late due to the fault of the carrier and an alternative connection offered by the carrier differed significantly from the cancelled flight.

Useful information

Currently, passengers may claim compensation for flight cancellation or delay of over three hours provided that the carrier is unable to prove that the cancellation or long delay was caused by extraordinary circumstances which could not have been avoided even if all reasonable measures were applied (i.e. force majeure, e.g. strike or volcanic eruption).

In case a charter flight is delayed or cancelled, carriers avoid responsibility and complaints in this regard should be directed to the travel agency. However, the consumer has the right to refer the claim to the travel agency (the flight is one of the services provided as part of the tourist package) as well as to the airline providing the flight.

Examples

Two students travelled from Barcelona to Warsaw through Berlin. When they landed at the airport in Berlin, it turned out that their flight to Poland had been cancelled. They flew to Warsaw the next morning after spending the night in a hotel at the expense of the carrier. Immediately after returning to the country, they asked the German airline for damages. The airline refused arguing that the cancellation was caused by extraordinary circumstances, i.e. technical failure. As a result, the passengers turned for help to the European Consumer Centre network. The consumers have received 250 EUR as compensation following the concerted action from the ECC Poland and ECC Germany.

A consumer was coming back to Warsaw through Paris with French airlines from her holidays in Havana. A few days before the flight, she was informed that her flight had been cancelled, and the next one would be held in three days. The consumer could not afford to wait and found an alternative connection. The carrier agreed to exchange a consumer ticket for a flight scheduled a day earlier than planned. Her holiday was shorter, but she could return to Poland on time, and the carrier did not incur any expenses for providing accommodation to her and her travelling companion for the next few days in Havana. On her return, the consumer requested a compensation in the amount of 1,200 EUR. The carrier refused indicating that the request is unfounded, since despite the cancelled flight, the consumer had arrived in the country even ahead of time. Following the intervention from the ECC France, the carrier had to change its stance on the subject and the consumer received the required compensation.

Refused on board

If for justified reasons the carrier refuses to accept a passenger on board, those who voluntarily forego the given flight are entitled to compensation, the right to care and the right to receive additional benefits on conditions agreed between the passenger concerned and the air carrier.

If boarding is denied to passengers against their will, passengers are entitled to: the right to compensation, the right to choose between the reimbursement of the cost of a ticket and travel to their destination by a different plane, and the right to care.

Useful information

If the passenger is offered a lower class flight as a result of overbooking, they are entitled to reimbursement. To make sure you are admitted on board, you should check in online in advance , or pay for choosing a particular seating arrangement. This is particularly valid with low-cost airlines.

Holiday app

You can now have passenger and other consumer rights at your fingertips with the ECC-Net Travel app. The app translates words and expressions into 25 different languages, works online and is available free of charge. You can download it from Google Playstore (Android), Apple app store (iOS) and Windows Apps+GamesStore (Windows Phone).