Frequent
asked
questions


What is NICE FLIGHT?

The accumulation of excessively complicated regulations and procedures that make it difficult for passengers to file complaints and discourage them from taking actions, encouraged us to create an easy, automated tool enabling passengers to exercise their rights.

NICE FLIGHT is not a compensation company. It is an online platform for placing complaints and resolving disputes, enabling a quick and easy way to generate and send a notification of the complaint to the selected airline and a platform for passenger complaints management. Our mission is to "straighten paths," for passengers by launching  in the marketplace a standard of complaint and by providing tools for placing  complaints at every stage of journey. Each user of the NICE FLIGHT platform is offered expertise on passenger claims, thanks to cooperation with the Association of Passengers Rights "Przyjazne Latanie” (“Friendly Flying").

Why NICE FLIGHT?

One of the key cause of passengers’ frustration is lack of knowledge on complaint procedures. Passengers encounter problems getting to the right source of information on ways and means of enforcing their rights related to poor performance of contracts provided by airlines.

NICE FLIGHT platform is the only such online tool in Poland and Europe for filing air travel complaints and resolving disputes between passengers and very wide range of carriers with each carrier requesting a different procedure. NICE FLIGHT Team strives to constantly improve complaints’ procures and therefore with you in mind we have decided to:

  • provide you a simple tool for filing complaints,
  • enable you contact with experts in the field of air complaints from Air Passenger Watchdog "Friendly Flying" (advice, support and monitoring of processing a complaint),
  • make it easier to get through complex procedures on a standardized form,
  • save your time by automating processes,
  • save your money (we are not "copmensation company" - we will not chargé any commission from you in case of compensation by the airline),

  • increase your effectiveness – it is more likely that your claim will be recognised and you will receive your compensation thanks to "Friendly Flying" experts support,

  • enable you with mobility of the process of filing complaints - the access available at mobile devices,
  • adjust our operations to the requirements of the EU Directive on ADR / ODR - Alternative Dispute Resolution/ online dispute resolution.

How to file a complaint?

To submit your e-complaint directly to an airline, please complete the form on NICE FLIGHT platform. Than you need to confirm your entry by clicking on the activation link or paste the code provided in the email which you will receive at your private e-mail account. (It may sometimes happen that the confirmation goes to spam, so please check your Spam mail). This is when YOUR ACCOUNT will be created on the NICE FLIGHT platform. After verifying your complaint application NICE FLIGHT will automatically send your complaint to the airline which operated the flight during which the disruption occurred and at the same time NICE FLIGHT will send you confirmation on submission of the complaint to your private e-mail address.

From now on all claims on NICE FLIGHT are subject to monitoring of Air Passenger Watchdog "Friendly Flying", which constantly monitors the civil aviation market in the area of passenger rights and in professional manner represents passengers for the enforcement of their rights.

While logging into YOUR ACCOUNT you can enjoy more features and functions of the platform like:

  • Tracking the status of your claim (Your e-complaints)
  • Sending additional information to the airline (Correspondence)
  • Using assistance of an expert from Air Passenger Watchdog ”Friendly Flying"

Each time your complaint changes its status NICE FLIGHT platform will notify you about it by e-mail. You can also check the status of your complaint by logging into YOUR ACCOUNT at the platform.

To get more detailed information on the rules of using NICE FLIGHT Platform, please refer to the Terms and Conditions section.

How much will it cost?

NICE FLIGHT is not a compensation company and therefore does not charge any commissions nor taxes. You pay only one fee (40PLN/application)* for the use of services and tools of NICE FLIGHT platform, that includes: the submission of a complaint (up to 6 passengers on a single application) and amicable settlement of the dispute, as well as the advice and monitoring of your complaint process by the experts from consumer organisation. If the airline grants you a compensation, it is sent in full directly to you and it will not be reduced by any fees or charges.

*/ within a single complaint application you can add up to 6 passengers (eg. family members: spouse, children). The condition: a common booking and flight number and the same claimed incydent for all passengers. Adults are required to attach a signed power of attorney to file complaints on their behalf. Please find the details in Terms and Conditions.

How much time do I have to file my complaint after I complete my trip?

In the event that a passenger air journey was disrupted, the passenger has the right to file a complaint and claim for compensation. For practical reasons, it is worthwhile to complain immediately after the occurrence of the event, when all the documents (tickets, boarding passes, etc.) are at hand and we still remember all details. Although the EU Regulation No 261/2004 does not specify a time limit in which you must file a complaint to the airline, it is worth remembering that it is the law of the country that applies. In Poland, it is a period of 1 year.

Will I get the information about the status of my complaint?

Yes, you will. After the complaint is filed to the airline each time the status of the complaint changes you will receive an e-mail from us. Remember that it may take up to a few weeks to consider each case and it depends on particular airline.

Can I file my complaint on my own?

Yes, each passenger may file a complaint himself directly to the airline. One needs to consider that that airline may reject the claim, stating the delay occurred due to "exceptional circumstances beyond the effective control of the airline," or stating that they have taken "all necessary steps" to solve the problem. After addressing the airline and not reaching an agreement, the passenger may file a request for mediation through ADR- Alternative Dispute Resolution.

 

Can I apply for compensation for the flight that was paid for by an employment company/ a third party?

Compensation is paid to passenger, not to the party who paid for the flight*. If the delay or other incident has happened during duty trip the passenger can claim for compensation.

*/ Important: It may vary depending on each company’s policy.

How do I file a complaint in case I travel with family or a group of other people?

If the passenger is traveling with the family or a group of other people, and the flight meets the criteria described in Regulation (EC) 261/2004, on behalf of each passenger there must be a separate complaint  submitted. Compensation is available to each passenger traveling with the claimant. If the parents are traveling with children (under 18 years), we recommend that a complaint should be filed by one of the parents on one application form where each of the family member’s name is added.

Can I file a complaint on behald of a third party?

Yes, you can file a complaint on behalf of third parties, for whom the flight booking was made – if these parties agreed to this. A written authorisation for the person placing the complaint on behalf of the passenger should be attached.  It is often the case that Companies’ Management (dedicated Office Assistant, Office Manager or Travel Manager) file a complaint on behalf of its employees. In this case also a written authorisation should be attached stating who is eligible to represent the passenger.

To which countries and which airlines do EU Passenger Rights apply?

The rights set out in the EU Regulation (EC) 261/2004 shall apply if:

  • we fly out from any country in the European Union by any airline;
  • we arrive to any country in the European Union on airlines registered in the European Union (or Iceland, Norway and Switzerland).

My flight was cancelled. Do I have a right to compensation?

The passenger is entitled to compensation between € 125 and € 600 depending on the distance of the flight. Passengers are not entitled to compensation if the airline can prove that the cancellation was caused by extraordinary circumstances (weather conditions, strikes, security measures).

Regardless of compensation airlines must offer a choice between:

  • re-routing to a destination on similar terms, or
  • ticket costs refunded within seven days
  • and, if necessary, care (phone, drinks, food, accommodation, transportation to the place of accommodation).

My flight was delayed. Do I have a right to compensation?

If a passenger arrives at the destination with a delay of 3 hours or more he is entitled to compensation between € 250 and € 600, unless the carrier can prove that the delay was caused by extraordinary circumstances (weather conditions, strikes, security measures). Additionally, airlines can be held liable for damages resulting from the delay.

The traveller also has the right to care (telephone, drinks, meals, accommodation, transportation to accommodation) if the delay is:

  • 2 hours or more for flights up to 1,500 kilometres;
  • 3 or more hours in case of longer flights within the European Union or other flights between 1500 and 3500 kilometres;
  • 4 or more hours for flights of more than 3500 km distance outside the European Union.

If the delay is more than 5 hours, and the passenger has not decided to continue his journey, he is entitled to a ticket refund.

I was refused boarding the plane. Do I have a right to compensation?

Passenger is entitled to compensation between € 125 and € 600, depending on the flight distance and time of arrival to destination. Additionally airlines are obliged to provide passenger with care, e.g., food, phone access, hotel accommodation and transportation to the place of accommodation.

Do I have a right to compensation if I was late for the connecting flight because of the delay of the first flight?

Passenger is entitled to compensation if the total delay at arrival to destination is longer than 2 hours, unless the airline can prove that the cancellation was caused by extraordinary circumstances.

What are extraordinary circumstances beyond the effective control of an airline?

It is not always the case that the delay or flight cancellation is due to the fault of the carrier. Extraordinary circumstances beyond the effective control of an airline include extreme weather conditions, political unrest or strikes. If either of these circumstances was the reason for the delay or cancellation the passenger is not entitled to compensation.

What does the term “obligation to provide care” mean?

The passenger has the right to receive care from the airline (i.e. Access to the phone, rest, food, accommodation, transportation to accommodation) if the delay is:

  • 2 hours or more for flights up to 1,500 kilometres;
  • 3 hours or more for flights within the European Union of more than 1500 km and all other flights between 1500 and 3500 kilometres;
  • 4 hours or more for flights outside the European Union of more than 3500 km.

If the delay is greater than 5 hours, the passenger, who chooses not to continue the journey, is also entitled to ticket refund. If the flight is delayed by at least three hours, passengers are entitled to the same compensation as that granted in the case of a cancelled flight, unless the airline can prove that the delay was caused by extraordinary circumstances. Additionally, airlines can be held liable for damages resulting from delays.

Under what circumstances passenger has the right to reimbursement for accommodation?

In a situation when the flight is delayed to the next day, passengers have the right to receive hotel accommodation and transport between the airport and the hotel. If the airline has not provided accommodation, passenger should take care of hotel accommodation on his own and ask the airline for a refund (note: the right to reimbursement of accommodation is available for standard rooms only).

What does code-share flight mean?

The code share flight means that between at least two airlines there was a code sharing agreement signed under which airlines jointly share the flight code and service the same flight. Ticket for a seat can be sold by the airline A, which entrust the management of thee flight to another airline B and on the ticket of an airline A the notice that the flight is operated by airline B may appear. Within the EU, code sharing practice is commonly used and have an impact on the right to compensation in accordance with Regulation 261/2004/EC (e.g. In the case of a delay of over three hours for flights to the EU, it is important that the operating carrier is registered in an EU country).

What are the rights of passengers with disabilities and reduced mobility?

EU legislation protects people with disabilities and with reduced mobility against discrimination during making a reservation and boarding the plane. These people also have the right to receive assistance at airports (on departure, on arrival and in transit) and on board the aircraft. It is recommended that passengers notify about their needs in advance in order to facilitate the appropriate assistance.

What are my rights if my baggage was lost, damaged, stolen or delayed?

Obligations of air carriers in case of delay, loss or damage of baggage is regulated by the Montreal Convention. In case of loss or damage to baggage or if there was a delay in baggage delivery the passenger may be entitled to compensation in the amount of maximum 1220 euros. Airlines, however, are exempt from liability if they have taken all the necessary steps to prevent the damage or when they were unable to take such steps. In the case of damage to baggage passenger should place the complaint to the carrier within seven days of receipt of the luggage. In the event of a delay in the baggage collection, this period cannot be longer than 21 days.

After finding out that the baggage was lost or damaged it is necessary to:

  • go to lost luggage office at the arrival hall
  • fill in the form at the airport called PIR (Property Irregularity Report),
  • read the terms and conditions of the carrier complaints regulation, because the carrier may require submission of additional documents, file a complaint within:
    • 7 days of receipt of the damaged baggage
    • 21 days of receipt of delayed baggage

Below, please find a list of documents most frequently required by carriers for baggage claims (delayed, damaged, stolen baggage items, lost):

• Form called PIR (Property Irregularity Report) from the airport

• Confirmation of receiving the baggage, if delivered late

• Luggage tag

• Photographs of the damaged baggage and/or of objects from the baggage content

• Exact list of items missing from the contents of baggage, with the evaluation of each object, and receipts showing the value of these items

• Ticket / a copy of booking for the particular flight

What documents are required when claiming for compensation?

In order to claim for compensation passenger needs to supply airlines with documents which will help them verify claim when disruption of flight operation or baggage problems occur. Suppoprting documents like booking confirmation for particular flight, boarding pass, receipts (if the passenger requests the refund), etc. may be needed.

In order to streamline the process of filing a complaint, we recommend to scan and attach these documents as electronic files when filling a complaint form This way, the airline will receive a set of documents necessary for verification of passenger complaint.

Below is a list of documents required by carriers when filing complaint related to particular events:


Baggage claim (delayed, lost, damaged, stolen items):

  • Form called PIR (Property Irregularity Report) from the airport
  • Confirmation of receiving the baggage, if delivered lateLuggage tag
  • Photographs of the damaged baggage and/or of objects from the baggage content
  • Exact list of items missing from the contents of baggage, with the evaluation of each object, and receipts showing the value of these items
  • Ticket* / a copy of booking for the particular flight*


Complaints on cancelled flight, delayed flight or denied boarding:

  • Ticket * / a copy of the flight booking *
  • Boarding pass (if it was issued as often there is no check-in, especially when the flight was cancelled or when denied boarding)
  • Receipts / bills - confirming additional costs


Changing the mode of transport:

  • Ticket * / a copy of the flight booking *
  • Boarding pass (if it was issued often do not check-in)
  • Receipts / bills - confirming the additional costs


Complaints about changing to a lower booking class so called downgrading:

  • Ticket * / a copy of the flight booking *
  • Boarding pass

*/ Note: ticket / a copy of the flight booking confirmation for particular flight- very often  the copy of a ticket is also flight booking confirmation. Passenger practically has confirmation of the reservation with ticket, the printout generated from the reservation system.

What are air passenger rights in the European Union?

The passenger rights of persons traveling within the European Union are set out in EU Regulation (EC) 261/2004. Comprehensive information about passenger rights are available on the European Commission website.

Here are the basic rights of passengers flying within the European Union (remember that air carriers have a legal obligation to inform about your rights):

  • The right to a full, fair and true information;
  • The right to information about the extract from key provisions;
  • The right to information about the total price;
  • The right to withdraw from the contract in the event of a price increase;
  • The right to compensation in case of cancellation or long delay of flight and denied boarding;
  • The right to reimbursement of the cost of the ticket plus eventually free return transportation in case of cancellation or long delay of flight and denied boarding;
  • The right to change the itinerary;
  • The right to care;
  • The rights of persons with disabilities and reduced mobility;
  • The right to compensation and advances for personal injury;
  • The right to compensation for damage to luggage.

What does ADR mean?

ADR - Alternative Dispute Resolution is an out of court alternative dispute resolution. In addition to traditional litigation in which the parties to the dispute are as opponents of the court process, there are also extensive methods of alternative dispute resolution (ADR). The procedure is conducted without the involvement of the court, an independent third party plays the main role as for example a negotiator, mediator or a conciliator or an arbitrator. These methods are cheaper, faster and do not require the employment of specialized, often expensive lawyer.

The most important forms of alternative dispute resolution are mediation and arbitration.

Mediation is a method in which a neutral and open-minded third party, accepted by both parties helps in communication, identifying interests and issues to discuss and seek a jointly acceptable agreement.

Arbitration is a way of settling the dispute out of court based on an arbitrator. Dispute resolution is typically done based on the principles of civil rights, particularly economic, by impartial experts appointed to this role by the parties to the dispute.

What does ODR mean?

ODR - Online Dispute Resolution is a form of online dispute resolution through ADR-Alternative Dispute Resolution). ODR can be understood in two ways, as it relates to the concept of settlement of disputes arising from the proceedings taking place on the Internet, e.g. E-commerce disputes and refers to the use of Internet communication technologies in the process of resolving the dispute, even if it is not connected with the activities on the Internet.

ODR is a modern form of ADR using the latest means of communication and technical innovations to help resolve disputes out of court. In principle, this form of dispute resolution should be characterized by high efficiency, low cost and the ability to avoid legal proceedings. Virtual meetings have a positive impact on the process of dispute resolution, for the place and time do not limit parties and they can communicate with each other at any time and any place. Internet communication creates a great convenience. 

What are my rights in matters related to the identity of the airline?

As passenger, you must be informed in advance which airline operates your flight, information about it you will find on the ticket: flight operated by (name of the airline).

Airline activity considered hazardous is banned or restricted within the European Union. A list of these airlines is available at: http://ec.europa.eu/transport/air-ban/


What does price transparency mean?

Under EU law, each time passenger purchases a ticket for travel starting at any airport in the European Union, the passenger must be informed of the current legislation. The final price should always include air fare, taxes, fees and surcharges, which are unavoidable and known at the time of publication. In addition, these data should be divided into: price of the ticket, taxes, airport taxes and other fees and surcharges. Information about optional parts of the prices should be communicated in a clear and unambiguous way at the beginning of the booking process, and the passenger should have the ability to accept or decline.

What should I do if my passenger rights were infringed?

If you believe your rights have been violated under the laws governing the rights of air passengers, first of all, contact your carrier. You can do this by using the complaint form available on the NICE FLIGHT platform.

How to pass my complaint to monitoring?

From now on all claims on NICE FLIGHT are subject to monitoring of the consumer organisation. When submitting a complaint using our platform your case is without any charge transfered to Air Passenger Watchdog "Friendly Flying" for monitoring.

Air Passenger Watchdog "Friendly Flying" constantly monitors the aviation market in the area of passenger rights and in a professional way represents passengers to help them to enforce their rights.

More on Air Passenger Watchdog  Terms & Conditions of Monitoring you can read on the website here

How much time does an airline have to reply to a complaint?

The current law does not regulate the term in which air carriers have to deal with complaints and/or claims of passengers. Typically, carriers shall reply within 30 days of receipt of the complaint/claim, but sometimes it takes longer.

If within 30 days from the date of complaint submission passenger does not receive a response from the airline or passenger complaint is rejected by the carrier, while his/hers claim was monitored by Air Passenger Watchdog, passenger will receive free help and suggestions for further activities (among other options, the ability to enforce their rights through alternative dispute resolution).

Air Passenger Watchdog "Friendly Flying" is the first in Poland consumer organisation dealing with air travel. It protects passengers, helps them to exercise their rights and changes the quality of travelling by air.

 

Can an airline impose a form and language in which I should file a complaint?

The EU regulation on air passenger rights (EC) 261/2004 as well as Montreal Convention do not specify in which language complaints should be submitted to an airline. In none of these documents the required form of complaint is specified, which means the passenger can decide how and in what language it will be filed. Any request from the airline to file the complaint by their own forms or in the selected language therefore must be considered as LIMITATION OF PASSENGER RIGHTS and thus attempt to impose on passenger option that is most convenient for the airline.

Therefore the airline has no right to refuse acceptance of the complaint because of its form or/and language, if the application meets the basic principles set by two acts listed above and it reveals the passenger's will in a sufficient way.

What happens to my personal data once NICE FLIGHT platform receives them? Is it secure?

NICE FLIGHT platform complies with data protection laws, so your personal information is safe with us.

Do you share my information with others?

No, information is not shared with any third party without your permission. You may contact us at any time and request that your information be deleted.

My claim for compensation was rejected by the airline. Can I still use NICE FLIGHT?

Yes! If you already applied for compensation from the airline personally but they rejected your claim, you may still submit a complaint on NICE FLIGHT platform (please click on the form that it is your another application). Every complaint reported on NICE FLIGHT is monitored by Air Passenger Watchdog "Friendly Flying". The experts of this consumer organization will give you support and offer solutions, if your passenger rights have been violated or restricted by the airline.

Any questions? Write to us!

Write to us an e-mail at: kontakt@niceflight.pl. We will reply as soon as possible.