It is said that the world has declined as a result of cheap airline tickets. This is somewhat true. Today we have the opportunity to travel the world on a larger scale than we did 10-20 years ago. The ubiquity of air travel has also led to an increase in the amount of damage that happens to air carriers. Delayed or cancelled flights and lost luggage are becoming more and more commonplace for even the largest airlines. Well, where the wood is chopped... However, it is not necessarily us travellers who should bear the burden of someone else's failings. Therefore, how, where and when to make a complaint to the airline carrier and thus seek compensation for a cancelled flight or lost luggage?
I will try to answer this question as simply as possible in today's post.
Not long ago, one of my friends had triple bad luck. He was travelling to Nigeria for some important business meetings. When he booked a flight with one of Europe's most famous airlines, even in his wildest dreams he could not have foreseen that instead of 11 hours with a connecting flight, the journey to his final destination would take several good days, not to mention the return journey.
This story could have been your
1/ FLIGHT CANCELLED
Katowice-Lagos flight, departing at 6am with a connecting flight in Frankfurt. 20 minutes after midnight, a friend was woken up by a text message informing him of the cancelled flight. The airline offered a flight 8 hours later with a connecting flight not only to Frankfurt but also to Addis Ababa (Ethiopia) for a final landing on an Ethiopian Airlines plane in Lagos. A frustrated friend acceded to the airline's proposal because of the very important meetings that awaited him there. Instead of 11 hours, the flight took 24 hours. Some of the appointments the friend missed. He was unable to sign an important multilateral international agreement. What's more, he missed out on a number of valuable but unquantifiable business contacts.
2/ LUGGAGE
After an arduous journey from Ethiopia to Lagos, it was discovered that a friend's luggage had unfortunately not arrived. The loss was reported at the airport to a representative of the airline he was originally supposed to travel with, completing a so-called PIR baggage irregularity report. He accepted the document, but advised that the claim should be addressed to Ethiopian Airlines., as it was most likely that the unlucky baggage was lost with them. Eventually, a friend reported the lost baggage to both airlines. Waiting for the baggage made it necessary to stay on the ground in Lagos for economic reasons. The friend's final destination, however, was a city some 600 km from Nigeria's 'economic capital'. Such a distance, due to the traffic conditions there, means a very expensive and time-consuming crossing. This friend decided to rent a hotel and wait for information from the carrier. The message, along with his luggage, arrived on the third day. The luggage had managed to visit South Africa in the meantime.
3/ RETURN JOURNEY
Anyone who thinks that my friend was given the opportunity to return to the country on the Vistula in peace and reflection must be proved wrong. Well, this is not the end of the ill-fated escapade to beautiful Africa.
While waiting at Lagos airport after the luggage had already been checked in, it was discovered that the plane had a breakdown and would not fly. All passengers were driven back to their hotels. The next day, they received the good news that the flight to Frankfurt, albeit with different airlines, would go ahead. This time the luggage obediently arrived at its destination at the same time as the friend.
Claiming compensation for cancelled flights and delayed baggage
Well, Africa is by no means going to be associated by his friend with a beautiful sunset and wildlife. But apart from the questionable aesthetic qualities of his trip, I, as a lawyer and also as an acquaintance of the injured party, am interested in the question of liability for the situation described and possible compensation.
And these matters are regulated within the EU by Regulation No 261/2004 of the European Parliament and of the Council of 11 February 2004 establishing common rules on compensation and assistance to passengers in the event of denied boarding and of cancellation or long delay of flights (https://eur-lex.europa.eu/legal-content/PL/TXT/?uri=CELEX%3A32004R0261). It is worth reading this regulation. It sets out in great detail the rules and the amount of, and manner of, claims against the carrier in air transport. They are used for:
- all flights operated by air carriers from EU airports and flights to EU airports operated by EU carriers,
- as well as for flights from the EU to non-EU countries operated by airlines from non-EU countries.
Compensation for a cancelled flight - what can we expect from the carrier?
1/ Reimbursement of airline tickets within 7 days. Both for the whole trip and the part of the trip that did not take place, and even for the trip that did take place but turned out to be pointless for us;
2/ Changes to the itinerary - i.e. choosing to fly to the same destination and under similar conditions or postponing the departure to a later date acceptable to us;
3/ Care of passengerswhose flight has been delayed for more than 2 hours by:
- provide free meals and refreshments - if the carrier does not comply with this obligation, remember to collect receipts for drinks purchased;
- hotel accommodation if you are waiting for a flight for at least 24 hours - if the airline is reluctant to provide accommodation, do not forget to ask for the receipt when you go to the hotel, as this will be the basis for claiming later compensation from the airline;
- transport between airport-hotel-airport;
- enabling two phone calls at no cost.
If a flight is delayed or cancelled, we have the right to be informed about our current situation and our rights.
4/ Termination of the contract with the carrier.
If the wait for a flight exceeds five hours, we can cancel the contract with the airline and demand a refund of the ticket price, as well as an assurance that we will return to our place of departure as soon as possible.
5/ Compensation. Its height depends on the length of the flight and is as follows:
- up to 1,500 km - €250
- between 1,500 km and 3,500 km - €400
- for all others EUR 600.
When will we not receive compensation?
Compensation will not be due when:
- the cancellation was brought to the attention of the passenger at least 14 days before the scheduled time of departure, or
- learned in less than 14 days, but the carrier provided an alternative connection to reach the final destination in an approximate time, or,
- when the airline can prove that the reason for the flight cancellation was extraordinary circumstances such as bad weather or a strike at the airport.
Assigning the above claims to the situation in which this friend found himself. He can claim a lump sum compensation of EUR 1,200 from the carrier for the two cancelled flights (there and back). The fact that the carrier provided him with an alternative connection on his way to Lagos is irrelevant. Indeed, the arrival at the destination did not take place under comparable conditions to the cancelled flight. The travel time increased significantly and the arrival at the final destination was several hours away.
Additional compensation?
The above-mentioned Regulation is without prejudice to the rights of passengers to seek further compensation or redress for the inconvenience of the journey already before a court. Provided that the aggrieved passenger is able to prove the amount of damage and the causal link between the damage and the delayed or cancelled flight. Going to court to seek compensation in excess of that provided for in EP and Council Regulation 261/2004 is becoming increasingly common. It is sought in addition to the claims provided for in the EU Regulation.
According to the case law of the Court of Justice of the EU, the Regulation applies to the carriage of passengers made on the basis of a single booking. Even when two (or more) flights were subject to a single booking, these flights constitute a whole with regard to the passengers' right to compensation. Those flights should therefore be considered as one and the same connecting flight.
Compensation for lost luggage
Loss of baggage is regulated by another international act signed by 191 states. For loss or delay as well as for damage to baggage, compensation may be claimed under the Convention for the Unification of Certain Rules Relating to International Carriage by Air of 28 May 1999. (http://prawo.sejm.gov.pl/isap.nsf/DocDetails.xsp?id=WDU20070370235 ).
In the case of lost baggage, the Convention does not specify a deadline within which a complaint must be made to the carrier. If the baggage is destroyed, we have 7 days to send a claim. In the case of delay, 21 days. Depending on the carrier, the complaint is submitted either on paper or electronically.
When making a claim, we should state the value of the items in the baggage. It is best to enclose relevant receipts for the items in your luggage. Unfortunately, we often do not have these. In such a situation, the carrier will assess the damage based on the weight of the lost baggage.
The maximum amount of compensation that can be claimed under the Montreal Convention is approximately €1,300. This is the upper limit of the carrier's liability for loss, destruction or delay of baggage. It is not a lump sum as in the case of compensation for a cancelled flight, but the maximum amount that can be paid. Assuming we can prove this amount of damage.
Compensation for cancelled flight - additional claim for per diem payment
Another claim we are entitled to in this situation is a claim for the payment of a per diem. This is the money needed to buy the most essential items such as clothes or toiletries. Sometimes these items have to be purchased yourself and then claimed back on presentation of receipts.
We submit the claim to the airline, preferably immediately after arrival. We attach to it a baggage check, a copy of the PIR. If we have them, we should also attach receipts for the items in the lost baggage.
Again, carriage to be performed by two or more successive carriers shall, for the application of this Convention, be deemed to be a single carriage if it was regarded by the parties as a single operation. In this regard, it is immaterial whether it was agreed in the form of a single contract or a series of contracts.
Unsuccessful complaint with a carrier - what next?
Only if a complaint lodged with the airline proves unsuccessful, i.e. the airline refuses to pay compensation or offers a solution that does not satisfy you, can you lodge a complaint with the Passenger Rights Protection Commission, which operates at the Civil Aviation Authority. This must be done 30 days after the complaint has been lodged with the carrier. You must enclose a copy of your complaint with your complaint:
- confirmation of the booking for the flight concerned,
- a complaint to the carrier,
- his reply or an indication that, despite the expiry of the 30-day period, the complaint has not been answered.
The President of the CAA initiates proceedings in the case. If the grounds for compensation exist, he issues a decision obliging the carrier to pay us a specified amount. If the air carrier does not dare to pay, the President of the CAA initiates enforcement proceedings.
This is how a friend's case, although painful, led me to explore the subject of compensation for cancelled/delayed flights and lost/delayed baggage. This has been a good thing for me, as I have gained further knowledge, which I am now sharing with you.
