Flight delays

On the basis of the Aviation Act no. 60/1998 with subsequent amendments, international conventions named after Warsaw from 1929, and annexes, protocols, and the Montreal Convention from 1999, the  carrier is liable for damage resulting from delays in the carriage of passengers, baggage and cargo. However, the carrier shall not be liable for damage occasioned by delays in carriage if the carrier can prove that the carrier and carrier’s employees and agents took all measures that could reasonably be required or that it was impossible to take such measures.

Obligations  on operating air carriers should be limited or excluded in cases where an event has been caused by extraordinary circumstances which could not have been avoided even if all reasonable measures had been taken. Such circumstances may, in particular, occur in cases of political instability, meteorological conditions incompatible with the operation of the flight concerned, security risks, unexpected flight safety shortcomings, strikes that affect the operation of an operating air carrier, and air traffic management decisions in relation to one or more particular aircraft which give rise to a cancellation.

When an air operator with an air operator licence issued within the EEA is responsible for a delay anywhere in the world, a passenger can claim compensation for any damages resulting from the delay. The claim of a passenger can be directed at the company which agreed to undertake the carriage or the company which carried out the flight, if this is a different company. The liability of carriers for damages which result from delays in carriage of passengers is limited to 4.150 SDR (special drawing rights) for each passenger, unless it is proved that the damage resulted from a deliberate act or gross negligence.

With the introduction of regulation no. 574/2005, the following rules on delays entered into force:

  • When a flight departs from an EEA state (irrespective of air operator) and
  • In a flight to an EEA state, provided that the air operator in charge of the flight has an air operator licence issued within the EEA

If an air operator has reason to believe that a flight will be delayed beyond the scheduled time of departure for:

  • 2 hours or more for flights of 1.500 km or less,
  • 3 hours or more for flights within the EEA of more than 1.500 km and all other flights between 1.500 km and 3.500 km, or
  • 4 hours or more for flights longer than 3.500 km outside the EEA,

then an air operator shall offer meals and refreshments to passenger according to the length of the delay, hotel accommodation when needed (also transport between the aerodrome and the place of accommodation) and communication facilities free of charge.When the delay is 5 hours or longer, the air operator must also offer to reimburse tickets for the part of the journey not made, and for the part or parts already made if the flight is no longer serving any purpose in relation to the passenger's original travel plan (together with, when relevant, a return flight free of charge to the first point of departure).

Right to compensation

Passengers  were not entitled to compensation in the event of a delay according to Article 6 in the annex to regulation 574/2005, but the European Court of Justice reached the conclusion on 19 November 2009, in joined cases C-402/07 and C-432/07, that: in the event of a flight delay cf. Article 6, a passenger has the same right to compensation according to Article 7 as a passenger whose flight is cancelled cf. Article 5. The Court also rules that it can not be considered extraordinary circumstances if an airplane is delayed because of malfunctions which were known beforehand and/or occur in the daily operations of the air operator.

See further

  • Chapter X in the Aviation Act no. 60/1998 with subsequent amendments
  • Regulation no. 574/2005