A delayed flight from Chicago, a canceled layover in Warsaw, a bag "2 cm too large" at the Ryanair gate – every traveler between Poland and the rest of the world knows these scenarios. The year 2026 brought a breakthrough: after years of disputes, the EU adopted a passenger rights reform in July – airlines wanted to raise the compensation threshold to 4–6 hours and lower the rates, but compensation of 250–600 euros and a 3-hour threshold were upheld. We explain what rights you have today (the current regulations will remain in effect until around mid-2027), what exactly will change with the reform, how the carry-on luggage rules for low-cost airlines really look, and why in Poland you only have one year to file a claim.
As of July 23, 2026. The EU261 regulation reform was finally adopted in July 2026 (European Parliament on July 7 – with a vote of 646:12, Council on July 13), but it will only come into effect around mid-2027. (one year after publication in the EU Official Journal). Until then, the existing rules described below apply.
Your Rights Today: Compensation Under EU261
For a delay of at least 3 hours at the destination, a flight cancellation with less than 14 days' notice, or denied boarding (overbooking), you are entitled to a flat-rate compensation:
| Flight Distance | Compensation | Example |
|---|---|---|
| up to 1,500 km | 250 EUR | Warsaw–London |
| 1,500–3,500 km | 400 EUR | Kraków–Lisbon |
| over 3,500 km | 600 EUR | Warsaw–New York |
Which flights are covered? Every flight departing from the EU (any airline) and flights arriving in the EU operated by a EU carrier. In practice for transatlantic flights: LOT Warsaw→JFK – covered; LOT JFK→Warsaw – covered; but Delta or United from the USA to Poland – not covered (carrier outside the EU departing from outside the EU). Choose wisely.
Extraordinary circumstances exempt from compensation (but not from care): weather, air traffic control decisions, external strikes (controllers, airport, ground staff – like the May and June strikes by French controllers in 2026). But note: a technical fault of the aircraft and a strike by the airline's own crew are generally NOT considered extraordinary circumstances – the CJEU case law is on the passenger's side, and airlines often inappropriately invoke "extraordinary circumstances".
Regardless of the reason, you have the right to care: meals and drinks appropriate to the wait, hotel with transfer for overnight stays, and a choice: full refund or route change. Keep receipts – costs for care that the airline did not provide are refundable.
Compensation for Flight – Check in Four Steps
This scheme is a simplified guide to the current EU261 rules described in this guide – in disputes, the airline, the Passenger Rights Advocate, or the court decides.
Are you entitled to compensation for the flight?
Where did the flight depart from?
EU261 covers every flight departing from the EU (any airline) and flights to the EU operated by a EU carrier. The current rules apply until around mid-2027.
Was the flight operated by a EU carrier, e.g., LOT?
What happened?
What reason does the airline provide?
Flight is not covered by EU261
A carrier outside the EU departing from outside the EU is not subject to the regulation – e.g., Delta or United from the USA to Poland. Details in the section "Your Rights Today: Compensation Under EU261".
Flat-rate compensation is not due
Compensation under EU261 is due for a delay of 3 hours at the destination, cancellation with less than 14 days' notice, or denied boarding. Details in the section "Your Rights Today: Compensation Under EU261".
No compensation, but with the right to care
Extraordinary circumstances exempt from compensation, but not from care: meals and drinks, hotel with transfer for overnight stays, and a choice between full refund and route change. Keep receipts. Airlines often inappropriately invoke "extraordinary circumstances" – check if the reason was truly external.
Generally, you are entitled to 250, 400, or 600 EUR
The amount depends on the distance: up to 1,500 km – 250 EUR, 1,500–3,500 km – 400 EUR, over 3,500 km – 600 EUR. Technical faults and strikes by the airline's own crew are generally not considered extraordinary circumstances. Start with a complaint to the airline and keep track of the deadline – in Poland, claims expire one year after the transport is completed. Details in the section "How to Claim Compensation (and not give half to intermediaries)".
How to Claim Compensation (and not give half to intermediaries)
Complaint to the airline
In writing, with the reservation number, boarding passes, and a description of the event (take photos of the flight board and messages in the app). In Poland, the airline has 30 days to respond – no response means acceptance of the complaint (Article 205c of the Aviation Law).
Passenger Rights Advocate at ULC – for free
If the airline refuses: free mediation before the Passenger Rights Advocate at the Civil Aviation Authority (application online at pasazerlotniczy.ulc.gov.pl; a prior complaint to the carrier is required). A fair warning: the advocate has a statutory 90 days, but due to the number of cases in mid-2026, he was opening proceedings for applications submitted about 5 months earlier – patience required.
Court or compensation company – calculate what is worth it
Companies like AirHelp operate on a "no win, no fee" basis, but their official fee schedule is 35% commission plus 15% for the court stage – from 600 EUR for a flight from the USA, you could give back even 300 EUR. You buy convenience, not rights. An alternative for cross-border disputes: European Small Claims Procedure (up to 5,000 EUR).
Keep track of the deadline: in Poland, only 1 year
Passenger claims expire in Poland one year after the transport is completed – this is one of the shortest deadlines in the EU (Germany: 3 years, UK: 6 years). The deadline is suspended during the complaint process. Do not postpone the matter "until after the holidays".
Luggage: lost, delayed, damaged
The carrier is responsible for luggage under the Montreal Convention – the liability limit is from December 28, 2024, 1,519 SDR per passenger (approximately 2,000 USD). Key deadlines: report damage to luggage in writing within 7 days of receipt, luggage delay – within 21 days of its delivery. Always report the issue at the airport (PIR report) before leaving the baggage claim area and keep receipts for essential items purchased while waiting.
Carry-On Luggage on Low-Cost Airlines – Status as of 2026
- Free underseat bag: European airlines have standardized the guaranteed free personal luggage to a minimum of 40×30×15 cm; in practice, Ryanair accepts 40×30×20 cm (increased in summer 2025), Wizz Air 40×30×20 up to 10 kg, easyJet 45×36×20.
- Larger overhead cabin bag is paid (priority/plus) – and this will remain legal even after the reform. At the gate, they enforce this ruthlessly: the surcharge for non-compliant luggage at Ryanair reportedly reaches about 75 EUR, and staff receive bonuses for catching bags. Measure your bag at home, not at the airport.
- The dispute over fees continues: Spain imposed 179 million EUR in fines on low-cost airlines for baggage fees in 2024, but the court suspended them pending appeal; consumer organizations (BEUC and 16 national ones) filed a complaint against 7 airlines with the European Commission in 2025. No resolution yet.
What Exactly Will Change with the Reform (from around mid-2027)
| Area | After the Reform |
|---|---|
| Compensation and Threshold | No changes: 250/400/600 EUR and 3 hours – attempts to raise the threshold to 4–6h and lower the rates were rejected. New: on the longest routes, the airline may reduce compensation by half if it provides a reroute with a delay of less than 4h. |
| Carry-On Luggage | Guaranteed free personal luggage of about 40×30×15 cm (under the seat). Note: the proposal for a second free 7 kg bag failed in negotiations – fares without cabin luggage remain legal, but the price with luggage must be visible from the start. |
| Families and Formalities | Seat next to a child under 14 years old – free (also for persons with disabilities and pregnant women); prohibition of fees for correcting typos in names and for printing boarding passes; no obligation to install an app. |
| No-Show Ban | The airline cannot cancel or additionally charge for the return flight just because you did not use the outbound flight. |
| Claims Procedure | The airline must send instructions/claim form within a few days after the disruption; the passenger has 9 months to report; the airline – 30 days to pay or provide a justified refusal; an official list of extraordinary circumstances will be created. |
Flights to Poland from the USA – Brief Overview 2026
- LOT flies directly from six U.S. cities: New York (JFK and Newark), Chicago, Los Angeles, Miami, and – new from May 6, 2026 – seasonally San Francisco (4 times a week, until October 22). Washington is also being considered.
- There is no equivalent of EU261 in the USA (the proposal for compensation for delays was withdrawn in November 2025), but the principle of automatic refunds applies: for a canceled or significantly changed flight (3h domestic / 6h international) that you do not accept, the airline must automatically refund the money.
- Checked luggage: the era of a free suitcase in every economy fare is ending – the cheapest fares from American, Delta, and United on transatlantic routes require payment for the first piece, and LOT's cheapest fare (Economy Saver) also does not include checked luggage. Always check the fare contents before purchase, do not rely on price alone. For tips on hunting for good ticket prices, see our guide on cheap flights USA–Poland.
- CPK: construction of the new central airport is set to begin in 2026 (first foundation works), with opening planned for 2032 – for now, it's a curiosity, not a change for travelers.
Passenger Cheat Sheet: (1) 3h+ delay on a flight covered by EU261 = demand a specific amount (250/400/600 EUR), not a voucher; (2) “extraordinary circumstances” are not a magic spell – technical faults and crew strikes do not exempt from payment; (3) first a complaint (30 days), then the free Advocate at ULC – leave compensation companies for difficult cases; (4) in Poland, you have only one year to claim; (5) luggage: PIR report immediately at the airport, claim within 7/21 days; (6) for flights to the USA, choose LOT or another EU carrier if you care about EU261 protection both ways.
Comments (0)
No comments yet. Be the first!