If you are stuck at the airport, you have a right to care.
In most cases, this means free food and a free hotel stay.
If your LOT flight is delayed, cancelled, or changed at the last minute and you have to wait at the airport for 3 hours or more, you have a right to care from LOT. The airline is required to offer you free food and drinks during the wait time. Additionally, if the delay lasts overnight, LOT Polish Airlines should provide you with a complimentary hotel stay and transfers.
Right to Care From LOT
In Europe, air passengers enjoy legal protections.
Passengers traveling to/from/within Europe and with European airlines are entitled to receive care. All of this is thanks to EU laws (specifically, Regulation (EC) No 261/2004).
Since LOT is a European airline, these rules apply to majority of its flights to and from the European Union.
Short Delays (3+ Hours)
You can get: free food and beverages.
LOT must provide free meals and drinks, as well as two methods of communication (phone, email or fax) if your flight is delayed by 3 or more hours during the day. You will likely receive these services in the form of coupons.
Long Delays (Overnight)
You can get: free food and beverages + free hotel stay and airport transfer.
If your LOT flight is delayed into the next morning, the airline must provide you with complimentary accommodation and transfer services. If you have not been informed of these arrangements, please contact LOT immediately.
How to Get Free Food and Free Hotel Accommodation?
In the event of a prolonged holdup at the airport, LOT, by default, is obliged to offer you services such as free meals, free hotel accommodation, and complimentary airport transfers. These benefits should be made available to you during your layover without you having to ask for them.
If these benefits are not presented to you, it’s crucial to approach the LOT customer service desk and ask about them. As per European legislation, the airline is legally bound to provide these services completely for free for all relevant delays.
In rare instances, if the airline does not organize these services for you, you might have to sort them out yourself. Keep all invoices and evidence of expenses related to meals, beverages, transfers, and hotel stays. Once you have this documentation, you can put in a reimbursement claim to LOT, detailing your expenditures during the delay.
Make sure you provide all necessary details to expedite the reimbursement process.
Extraordinary Circumstances
Let’s start with the definition.
What Are Extraordinary Circumstances?
Extraordinary circumstances refer to any unforeseen events which are not under the airline’s direct control, leading to delays, cancellations or changes in flights. These can be extreme weather incidents, strikes not associated with the airline, security threats, political unrest, or undisclosed technical faults that could potentially compromise the security of the flight.
Under such circumstances, despite the inconvenience, the airline is not required to pay compensation as they are considered exceptions under Regulation (EC) No 261/2004. Nevertheless, the right to care, as outlined above, remains effective.
Are Technical Faults Considered Extraordinary Circumstances?
Under the majority of circumstances, technical faults are not considered exceptional under Regulation (EC) No 261/2004. The regulation states that technical issues that arise from the regular functioning of an airline are not considered exceptional, as these are part of the airline’s control.
These could include ordinary maintenance or minor repairs. Such matters are within the normal responsibilities of an airline and hence cannot be used as a reason to exempt them from providing compensation or care to passengers.
However, if there’s a hidden manufacturing fault that compromises the safety of the flight, it might be categorized as an exceptional circumstance. This is because these situations are unusual, pose an immediate risk to the safe operation of the airplane, and are outside the airline’s regular technical operations.
Right to Care in Extraordinary Circumstances
Even during exceptional circumstances, passengers retain the right to care.
Although LOT may not be obliged to provide compensation for delays or cancellations caused by events beyond their control, they remain obligated to ensure your well-being during the wait. The obligation includes the provision of meals, refreshments, and accommodation in case of considerable delays (when otherwise you would have to wait at the airport).
The same rule applies when it comes to offering an alternative method of transportation if your flight is cancelled – you are entitled to it.
Right to Care: FAQ
In this section, we will address some of the most commonly asked questions about passengers’ right to care during flight delays and cancellations with LOT Polish Airlines.
What Is the Right to Care?
The right to care refers to the obligations airlines have towards their passengers in case of flight delays, overbooking and flight cancellations. Under European law, airlines are required to ensure passengers’ comfort during these circumstances, which includes providing free meals, refreshments, and accommodation in the case of significant delays.
How Do I Get My “Right to Care” If My Flight Is Delayed?
If your flight is delayed by 3 hours or more, LOT Polish Airlines should automatically provide you with amenities such as free meals and refreshments, and necessary accommodation in the case of overnight delays.
If these services are not offered, approach the LOT customer service counter at the airport to inquire about them. Alternatively, you can personally cover the cost of these services and then file a claim for reimbursement at a later time. It’s recommended to do the latter as promptly as possible.
Do I Have the Right to Care If My Flight Is Cancelled?
Yes, if your flight is cancelled, you are entitled to the right to care.
This means LOT is required to provide you with meals, refreshments, and accommodation (if necessary), as well as an alternative method of transportation to your destination. If the cancellation is due to the airline’s fault, you also have a right to flight cancellation compensation.
Read more: Last-Minute Flight Cancellation: Your Rights
Are Extraordinary Circumstances an Exception to the Right to Care?
No, even in the event of extraordinary circumstances, which are situations beyond the control of the airline, the right to care still applies.
This means that even if your flight is delayed or cancelled due to severe weather conditions, security risks, or labor strikes, you are still entitled to free meals, refreshments, and accommodation (if necessary).
How Do I Request Reimbursement If I Had to Arrange for My Accommodation and Meals?
If you had to arrange for your meals, accommodation, or airport transfers due to LOT’s failure to do so, keep all receipts and proof of purchase. You can submit these, along with a detailed account of your expenses during the delay, to LOT for reimbursement. You can do it on lot.com.
Please note that this policy only applies to essential expenses, not anything else. Don’t expect to spend large sums on extravagant meals and get reimbursement from the airline.
Does the Right to Care Apply to All LOT Flights?
The right to care applies to all LOT flights to and from Europe.
Since LOT is an EU airline, the right to care under Regulation (EC) No 261/2004 applies to all of its flights both departing from and arriving in Europe. However, it’s crucial to note that with non-European airlines, this regulation only applies to flights that are departing from Europe. Flights on non-European airlines that are arriving in Europe from other parts of the world are not covered under this European law.
Does All Of This Apply Only to Europeans?
No, the right to care applies to all passengers on LOT flights regardless of their nationality.
The laws that give passengers the right to care are Regulation (EC) No 261/2004 and Regulation UK261, which were created by the European Union and UK government. These regulations state that any airline operating in Europe must provide care and compensation for affected passengers when applicable. This means that the right to care applies to all passengers on LOT flights, regardless of their nationality.
The only exception is in the case of non-European airlines, where this regulation applies only to flights departing from Europe and not those arriving in Europe from other parts of the world.
By Europe and EU here on this page (and on this website in general) we mean all EU Member States, the United Kingdom (UK), Guadeloupe, French Guiana, Martinique, Reunion, Mayotte, Saint Martin (French Antilles), the Azores, Madeira, the Canary Islands, Iceland, Norway, and Switzerland.