Claim for compensation for a delayed or cancelled flight (EU 261)

Published byDocMuse

A passenger's claim to an airline, in Polish, for compensation under Regulation (EC) No 261/2004: the flight number and date, the route, the booking reference, the scheduled and actual arrival times, the disruption to underline — a delay of 3 hours or more, a cancellation, or denied boarding — the 250, 400 or 600 euro due, expenses and the account. It reminds the airline that only extraordinary circumstances, which it must prove, release it.

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Common questions

How much is EU 261 compensation for a delayed or cancelled flight?

250 euro for flights up to 1500 km, 400 euro for flights within the EU over 1500 km and other flights of 1500 to 3500 km, and 600 euro for all others (art. 7(1) of Regulation 261/2004). For a delay, what counts is when the aircraft doors open at the destination — at least 3 hours after the scheduled time. The amount can be halved where the airline offered a replacement flight arriving with only a small delay (art. 7(2)), and vouchers instead of money need the passenger's written consent.

How long is there to claim flight compensation before a Polish court?

Under the Supreme Court's resolution of 17 March 2017 (III CZP 111/16), a claim under Regulation 261/2004 is time-barred before a Polish court after one year, like claims under a contract of carriage (art. 778 of the Civil Code). Courts in other countries apply their own, often longer, periods, but it is safer to claim from the airline right after the journey and not delay the next steps.

What if the airline rejects the compensation claim?

A free application can go to the Passenger Rights Ombudsman at the President of the Polish Civil Aviation Authority, with the airline's answer or proof that 30 days have passed without one; the procedure takes up to 90 days. The airline can also be sued — before a Polish court if the flight started or ended in Poland, and against an airline from another EU country also through the European Small Claims Procedure.