Delayed or Cancelled Holiday Flight? Do You Have the Right to Compensation?

Find out when you are entitled to compensation of up to EUR 600 and how to claim it.

The holiday season brings record numbers of flights, along with delays, cancellations and overbooked aircraft. This makes it a good time to address the topic of passenger rights. These rights should not be associated solely with leisure travel - people running businesses regularly fly for commercial purposes, and the question of potential compensation is equally relevant to them. Many passengers still do not know that a disruption of this kind entitles them to concrete compensation of up to EUR 600 per person, regardless of the ticket price. The topic is particularly timely right now, as the European Union is finalising a reform of passenger rights that has been in progress for over a decade.

When Are You Entitled to Compensation and How Much?

The basis is Regulation (EC) No 261/2004, which applies directly across the entire European Union. Compensation is due in three situations: when a flight arrives at its destination with a delay of at least three hours, when it is cancelled and the airline notified passengers fewer than fourteen days before departure (not counting extraordinary circumstances), and when you are denied boarding, for example due to overbooking.

The amount of compensation depends on the length of the route: EUR 250 for flights up to 1,500 km, EUR 400 for routes between 1,500 and 3,500 km, and EUR 600 for longer flights. Importantly, the amount does not depend on what you paid for the ticket - a promotional fare costing a few dozen zlotys still entitles you to the full compensation. The rules apply equally to scheduled flights, low-cost carriers and charter flights booked through a travel agency.

When Can the Airline Refuse to Pay?

A carrier can escape liability only if the disruption resulted from extraordinary circumstances - and the burden of proving this rests with the airline. Circumstances considered extraordinary include external events beyond the airline's control, such as extreme weather, airspace closure, a bird strike or a strike by third-party service providers.

Why Is This Particularly Worth Remembering Right Now?

Passenger rights are currently in the spotlight because, after more than a decade of negotiations, the European Union is closing out its reform of those rights. For travellers, the most important thing is what the reform did not change: despite earlier proposals to raise the delay threshold to four or even six hours, the right to compensation after three hours and the existing amounts from EUR 250 to EUR 600 were retained.

In Poland, a claim for such compensation expires after just one year from the date of the flight - a shorter period than in many other countries. If a disrupted flight from last year's holiday is still unresolved, the time to pursue that claim is running out.

How to Claim Compensation?

To receive compensation, certain steps need to be taken. First, submit a claim directly to the airline, describing the flight and the amount sought. If the airline refuses or does not respond, you can submit a complaint to the national authority - the passenger rights ombudsman at the President of the Civil Aviation Authority - and ultimately pursue the matter in court.

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If you need legal support in pursuing compensation, see the scope of legal services or contact us directly.