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Which of the European bodies is responsible for handling my complaint about an infringement of Regulation (EC) 261/2004?
The jurisdiction of a body is determined on the basis of Article 16.1 of the Regulation (EC) 261/2004 which states that each Member State of the EU shall designate a body responsible for the enforcement of the Regulation as regards:
1. Flights from airports situated on its territory and
2. Flights from third countries (i.e. non-EU countries) to such airports.
The complete list of European bodies handling passenger complaints about infringements of Regulation (EC) 261/2004 by air carriers is provided under "CPR counterparts in the EU".
My baggage was lost / stolen / delayed / damaged. How and where to file claims?
The Commission on Passenger Rights (KOPP) operates under Regulation (EC) 261/2004 of the European Parliament and 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 (OJ EU L 46, 17.02.2004), therefore it is not appropriate to investigate complaints relating to damaged, stolen, delayed or lost luggage. These issues are regulated by the Convention for the Unification of Certain Rules for International Carriage by Air, done at Montreal on 28 May 1999 (Journal of Laws of 2007, No. 37, item 235), which is also available on the Civil Aviation Office website. Any complaints about damaged, delayed, lost or stolen baggage should be addressed to the air carrier. If the carrier fails to respond to your complaint or if such reply is not to your satisfaction, you may seek your rights in court. In conducted court proceedings you may seek the assistance of among others the Poviat (Municipal) Consumer Spokesman, who in accordance with Art.37.2 of the Consumer Protection Act of 15 December 2000 (Official Journal of 2005, No. 244, item. 2080 with further amendments) may, in particular, take legal action on behalf of consumers as well as take their place, with their consent, in pending proceedings in consumer interests protection cases. It might be useful to mention that the jurisdiction of the appropriate Consumer Spokesman is determined according to the passenger?s place of residence. The list of Consumer Spokesmen is available on CPR website.
Who is responsible for checked baggage from the moment it is checked in until it is collected by a passenger at the final destination airport?
The air carrier is liable for checked baggage from the moment it is checked in until the time it is collected by a passenger at the final destination airport.
How much time does an air carrier have for a reply to a filed claim?
At present, Polish law does not specify the time limit within which air carriers are to examine passenger complaints/claims. Usually, air carriers reply within 30 days from the date of receiving a complaint/claim.
The air carrier failed to respond to my claim. How long do I have to wait to submit a complaint to the CAO President?
A complaint to the President of the Civil Aviation Office may be submitted, if 30 days had passed from the time the complaint/claim was filed with the air carrier.
How long after the flight, during which the carrier infringed my rights of an airline passenger, can I complain to the President of the Civil Aviation Office?
A passenger has two years to submit a complaint to the President of the Civil Aviation Office about an infringement of Regulation (EC) 261/2004 of the European Parliament and 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 (OJ EU L 46, 17.02.2004). It has to be kept in mind, however, that the Commission on Passenger Rights investigates cases relating to flights which took place as of (and including) 17 February 2005.
What can and what cannot be carried on board an airplane? (new safety regulations in EU airports and in Norway, Iceland and Switzerland)
The new safety rules with effect from 6 November 2006 and valid until further notice apply to all passengers flying from airports located in the territory of the EU. Passengers and their hand baggage will be subjected to stricter checks for any liquids and other materials and things on the list of banned items that cannot be carried on board an airplane.
Liquids include:
- Water and other beverages, soups, syrups
- Creams, lotions and oils
- Perfumes
- Sprays
- Gels (including hair gels and shower/bath gels)
- Liquids in pressurized containers (including deodorants, shaving and other foams)
- Pastes (including tooth pastes)
- Semi-liquid mixtures
- Mascara
- And other substances of similar consistency.
At present, a passenger may carry in his/her hand baggage only small quantities of liquids in containers of no more than 100ml per item. Additionally, these containers must be in a clear plastic, re-sealable bag that does not exceed 1 litre (1.75 pint) capacity.
There is no change in rules concerning:
- Transporting liquids in checked baggage,
- Transporting medicines and baby formulas/food needed during flight (a passenger may, however, be asked to prove that they are indispensible) and
- Transporting liquids purchased beyond passport checkpoints or purchased on board of airplanes.
Detailed information and an information leaflet is available on the European Commission's website dedicated to safety in air transport:
http://ec.europa.eu/transport/air_portal/
security/rules_liquids/index_en.htm.
List of banned items which cannot be carried into the restricted area of the airport and transported either in passenger?s cabin baggage or checked baggage:
List of banned items
Is it possible to return a ticket for personal reasons?
A lot depends on the customer service policy of the given carrier and its carriage of passengers and baggage Regulations. You accept these Regulations when entering into an agreement with an air carrier and any reimbursement of costs or compensation must be determined on the basis of these regulations. If, however, a carrier declines to make such reimbursement or pay compensation, you can file your case in civil court and pursue your claims there.
Air carrier promised me reimbursement of unused ticket/missed or cancelled flight costs, but I have not received anything yet.
There may be many reasons for delayed reimbursement by air carriers. Most frequently this is due to: no address and/or bank account number of the passenger, no SWIFT and/or IBAN codes of the passenger (in the event of international bank transfers); delays in referring transfer orders to air carrier's accounting department; delays caused by air carrier's bank. In all these situations, it is advisable to contact the customer service of the air carrier concerned to determine the cause of the delay.
Am I entitled to compensation for a delayed flight under Regulation (EC) 261/2004?
According to judgment of the Court of Justice of the European Union of 19th November 2009 in joint cases C-402/07 and C-432/07 passengers whose flights are delayed may rely on the right to compensation laid down in Article 7 of the regulation where they suffer, on account of a flight delay, a loss of time equal to or in excess of three hours, that is, where they reach their final destination three hours or more after the arrival time originally scheduled by the air carrier. Such a delay does not, however, entitle passengers to compensation if the air carrier can prove that the long delay was caused by extraordinary circumstances which could not have been avoided even if all reasonable measures had been taken, namely circumstances beyond the actual control of the air carrier.
Full text of the judgment:
http://curia.europa.eu/jurisp/cgi-bin/form.pl?lang=en&
alljur=alljur&jurcdj=jurcdj&jurtpi=jurtpi&jurtfp=jurtfp&
numaff=C-402/07&nomusuel=&docnodecision=docnodecision&
allcommjo=allcommjo&affint=affint&affclose=affclose&
alldocrec=alldocrec&docor=docor&docav=docav&
docsom=docsom&docinf=docinf&alldocnorec=alldocnorec&
docnoor=docnoor&radtypeord=on&newform=newform&
docj=docj&docop=docop&docnoj=docnoj&typeord=ALL&
domaine=&mots=&resmax=100&Submit=Rechercher.
It is worth to emphasize that passengers whose flights are delayed may also pursue their claims through civil courts. During legal proceedings they ought to show a loss caused by delay of their flight.
Due to an over 5-hour delay in takeoff I reached my final destination many hours after the planned time of arrival. Am I entitled in this case to reimbursement for a part or the whole cost of the ticket?
Unfortunately, you are not entitled in such a case to reimbursement of a part or the whole cost of the ticket, because the carrier performed its contract by transporting you to your final destination. You would have been entitled to a reimbursement, if after the 5-hour wait the flight would no longer serve any purpose in relation to your original travel plans, e.g. a business meeting. In such a case, the air carrier should additionally provide you with a return flight to the first place of departure, at the earliest opportunity.
I bought a flight from London to Kraków, but my plane landed in Poznań. Is the carrier liable for my additional cost of travel to Warsaw?
According to the agreement, the air carrier should deliver its passenger to the place of destination indicated in the ticket as the final place of destination of the journey. If the carrier failed to do this and the passenger had to continue the journey at his/her own expense, the carrier should, in principle, reimburse the costs incurred by the passenger on the basis of presented receipts, e.g., for railway tickets.
I have received the decision of the President of the Civil Aviation Office which orders the air carrier to pay compensation, but the air carrier is evading payment. How and where can I pursue my claims?
In the event that an air carrier fails to eliminate the infringements of Regulation (EC) 261/2004 stated in the decision of the President of the Civil Aviation Office, a passenger may pursue his/her claims before a civil court. It might be useful to mention that by issuing his decision the President of the Civil Aviation Office confirms only that a given right under the provisions of the Regulation arose upon the occurrence of an event.
The air carrier is not based in Poland. How and where to pursue my claims resulting from the decision of the President of the Civil Aviation Office?
In the event that an air carrier fails to eliminate the infringements of Regulation (EC) 261/2004 stated in the decision of the President of the Civil Aviation Office, a passenger may pursue his/her claims before a civil court of the state where the air carrier?s management board has its registered office. You may also look to such organizations as the European Consumer Centre to mediate with the carrier on your behalf.
Because of delayed/cancelled flight/ denied boarding I have missed my later connections (plane, train, bus, taxi). Can the air carrier deny reimbursement of the cost of the missed connection?
A carrier may deny to reimburse the cost, if it had reserved this right in its Rules of passenger and baggage carriage services, which a passenger accepts upon signing a contract for air transport. It might be useful to mention, however, that costs of missed connections may serve as evidence in civil proceedings before a court in cases of a loss/damage caused by delayed/cancelled flight or denied boarding.
I am disabled and I plan to travel by an airplane. I would like to know, if there are any provisions regulating the situation of disabled persons when travelling by air?
Yes, there are such provisions. Regulation (EC) 1107/2006 of the Parliament and the Council of 5 July 2006 on the Carriage of Disabled Persons and Persons with Reduced Mobility Travelling by Air (OJ EU L, 26.07. 2004) contains such provisions. The Regulation includes among others definitions of a disabled person and person with reduced mobility and prescribes rules for the protection of, and provision of assistance to, disabled persons and persons with reduced mobility, travelling by air. Under the Regulation (EC) 1107/2006 ?disabled person? or ?person with reduced mobility? means any person whose mobility when using transport is reduced due to any physical disability (sensory or locomotor, permanent or temporary), intellectual disability or impairment, or any other cause of disability, or age, and whose situation needs appropriate attention and the adaptation to his or her particular needs of the service made available to all passengers.
Can a pregnant woman travel by air?
In general, there are no contraindications to air travel for pregnant women, however, before travelling it is best to obtain a medical clearance certificate from your doctor stating that there are no contraindications to such a travel. A pregnant passenger may be asked to present such a certificate at passenger check-in, at the gate or even after having taken her seat in the plane! It is worth mentioning that a pregnant woman should be treated as a person with reduced mobility.
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