15.1 NOTICE OF CLAIMS
15.1.1 For the purpose of a claim under Article 15.1.2, if checked-in luggage is accepted by the person with the baggage identification tag, and they do not complain at the time, this is evidence (unless there is evidence otherwise) that the baggage was delivered in a good condition and in line with the contract of carriage).
15.1.2 If you want to make a claim relating to loss of or damage to your checked-in luggage, or delayed baggage, you must write to us as soon as possible.
- For loss or damage, you must write to us within seven days of getting your baggage.
- For delayed baggage, you must write to us within twenty-one days of the date it was possible for you to get the baggage.
15.2 COMPENSATION CLAIMS UNDER EU REGULATION 261/2004
15.2.1 This clause 15.2 applies to claims for compensation under EU Regulation 261/2004.
15.2.2 Passengers must submit claims directly to us and allow us 14 days or such time as prescribed by applicable law (whichever is the lesser) to respond directly to them before engaging third parties to claim on their behalf. Claims may be submitted here. If we fail to respond within the time prescribed, or passengers are unhappy with our response, passengers may engage third parties to claim / receive payment on their behalf.
15.2.3 In order to protect its customers and maintain a good relationship with them, in cases where the passenger has not complied with clause 15.2.2, we will only process claims submitted by a third party if the claim includes the passenger’s contact and payment details to enable us to make payment directly to the passenger.
15.2.4 Clauses 15.2.2 and 15.2.3 above will not apply to passengers who do not have the capacity to submit claims themselves. The legal guardian of a passenger who lacks capacity may submit a claim to us and receive the payment on the passenger’s behalf.
15.2.5 A passenger may submit a claim to us and receive the payment on behalf of other passengers on the same booking. We may require evidence that the Passenger has the consent of other passengers on the booking to submit a claim and receive the payment on the other passengers’ behalf.
15.2.6 In any event, save for clauses 15.2.3, 15.2.4 and 15.2.5, we will not process claims submitted by a third party unless the claim is accompanied by appropriate documentation duly evidencing the authority of the third party to act on behalf of the passenger.
15.2.7 Passengers are not prohibited by this clause from consulting legal or other third party advisers before submitting their claim directly to us.
15.2.8 In accordance with our procedures, and subject to clauses 15.2.2, 15.2.4 and 15.2.5 any payment will be made to the bank account of a passenger on the booking. We may request evidence that the bank account is held by the passenger concerned.
15.2.9 Article 15.4 shall not apply regarding any compensation claim under EU Regulation 161/2004 where you are in compliance with clauses 15.2.1 – 15.2.7 of these General terms and conditions of carriage.
15.3 ALTERNATIVE DISPUTE RESOLUTION
15.3.1 Passengers dissatisfied with the final decision made by our customer service team can contact the Passenger Ombudsman. The proceedings conducted by the Passenger Rights Ombudsman are aimed at amicable resolution of consumer disputes. The Passenger Rights Ombudsman does not charge a fee for conducting ADR proceedings. The Passenger Rights Ombudsman can be contacted by sending an application to the following address: Civil Aviation Office, Passenger Rights Ombudsman, Marcina Flisa 2, 02-247 Warsaw or using the interactive form available at: https://pasazerlotniczy.ulc.gov.pl/zloz-wniosek. More information on the proceedings before the Passenger Ombudsman and the available means of communication can be found at: https://pasazerlotniczy.ulc.gov.pl/.
15.3.2 Complaints can also be addressed through the European Online Dispute Resolution (ODR) platform. When providing our data as a seller, please indicate the e-mail address: firstname.lastname@example.org. This email address is only for filling out the ODR form. Passengers should not use this email address to contact us. We will not respond to any inquires or complaints sent to this email address.
15.4.1 The assignment of any right to compensation, damages or refund shall only be valid where the right is assigned to:
15.4.2 natural persons that are registered in your flight booking as additional passengers and/or,
15.4.3 if you are a member of a travel group, to other passengers of this travel group and/or,
15.4.4 where the customer is a minor or otherwise not legally competent, to their guardians.
15.4.5 In all other cases the assignment of any right to compensation, damages or refund against us to third parties shall be invalid. This prohibition of assignment does not apply where assignment or subrogation of the claim is required by law.
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15.6 EXCHANGE RATE
If you are claiming compensation (either direct through us or through the courts) under the applicable Passenger Rights Regulations in a currency other than euro, you must use the exchange rate that applied on the scheduled departure date of the flight the claim relates to. That date is shown on the website at www.xe.com. If you use a different exchange rate, we will still use the appropriate rate on the website at www.xe.com.