Flight compensation claim step by step -
so when will I receive the funds I am owed?
Each case related to claiming compensation for a cancelled or delayed flight is individual. This process usually takes between 3 and 18 months and is very individualized.
In the following article, we present "step by step" how the adjustment of your claim looks like.
1
Complaint procedure
(usually 3-4 months)
After verifying the documents we receive from you, we first send a request for payment to the carrier. This is due to the Act Aviation Law (Article 205c(1), according to which, in order to be able to file a lawsuit with the court, it is first necessary to initiate a complaint procedure.
Only when the carrier responds to the complaint and refuses to pay compensation or does not provide a response within 30 days from the date of its delivery, we can take the case to court.
Unfortunately, even at this stage, the process may take longer, because the 30 days mentioned above should be supplemented with the time that may take the post office to deliver the complaint and the airline to respond to it.
Importantly, even if the carrier cites extraordinary circumstances (i.e. those for which it is not responsible, e.g. bad weather conditions during the flight) and thus refuses to pay compensation, we still (taking into account the well-being of passengers), in most cases we file a lawsuit in court. We win many of these cases because in the end it turns out that the extraordinary circumstances did not occur and the flight was disrupted due to the carrier's fault.
Only when the carrier responds to the complaint and refuses to pay compensation or does not provide a response within 30 days from the date of its delivery, we can take the case to court.
Unfortunately, even at this stage, the process may take longer, because the 30 days mentioned above should be supplemented with the time that may take the post office to deliver the complaint and the airline to respond to it.
Importantly, even if the carrier cites extraordinary circumstances (i.e. those for which it is not responsible, e.g. bad weather conditions during the flight) and thus refuses to pay compensation, we still (taking into account the well-being of passengers), in most cases we file a lawsuit in court. We win many of these cases because in the end it turns out that the extraordinary circumstances did not occur and the flight was disrupted due to the carrier's fault.
The first stage is to conduct a complaint procedure and attempt to settle the dispute with the carrier amicably (out of court). If the carrier does not respond, refuses to consider the complaint or refuses to pay compensation, also citing extraordinary circumstances, we file a lawsuit with the court.
2
Court proceedings at first instance
(1 year + a few months for the judgment to become final)
After filing a lawsuit with the court, we wait for him to take a position in the case. It should be emphasized that we have no influence on the pace of the court's work.
Possible scenarios
Order for payment
The court issues an order for payment on the basis of our claims and the evidence submitted, i.e. the statement of claim itself, even before the carrier refers to the fact that it has been sued.
In such a situation, the court finds that the facts described in the statement of claim are consistent and probable, and that the claim is legally justified, so the airline should pay compensation.
The order for payment is valid until the carrier reports that it has objections to it.
Once the order for payment is issued, it is forwarded to the carrier along with our claim. The carrier has 2 weeks to file the objection.
Importantly, the objection is sent to the court, which is why we find out about it a few months at the earliest from the receipt of the payment order.
Once the carrier files an objection, the order for payment is revoked and the court proceedings continue as normal.
In such a situation, the court finds that the facts described in the statement of claim are consistent and probable, and that the claim is legally justified, so the airline should pay compensation.
The order for payment is valid until the carrier reports that it has objections to it.
Once the order for payment is issued, it is forwarded to the carrier along with our claim. The carrier has 2 weeks to file the objection.
Importantly, the objection is sent to the court, which is why we find out about it a few months at the earliest from the receipt of the payment order.
Once the carrier files an objection, the order for payment is revoked and the court proceedings continue as normal.
Response to the statement of claim
In the event that the carrier responds to the lawsuit, we refer to its allegations and then wait for the judgment to be issued.
The nature of the cases we handle is purely written – witnesses are usually not interviewed and evidence is in writing. This is a direct consequence of the way civil aviation operates – everything is reported in writing.
For this reason, there is no need to hold hearings and in all letters we request that a closed session be held instead of a hearing (that the case be considered without the participation of the parties – on the basis of the letters and evidence sent).
For this reason, there is no need to hold hearings and in all letters we request that a closed session be held instead of a hearing (that the case be considered without the participation of the parties – on the basis of the letters and evidence sent).
However, if the carrier requests a hearing, the court will set a date for the hearing. This is usually a date scheduled for a few months ahead.
However, regardless of the scenario (court hearing or closed session), this is the stage at which the court issues a judgment.
However, regardless of the scenario (court hearing or closed session), this is the stage at which the court issues a judgment.
Default judgment
A default judgment works very much like an order for payment. The difference is that it is issued at the moment when the carrier receives our lawsuit and does not respond to it in any way.
Importantly, the objection is sent to the court, so we find out about it after a few months at the earliest.
And as in the case of an order for payment, if there is an objection, the default judgment is set aside and the proceedings then proceed at their own pace until the actual judgment is issued.
Once it is issued, each party has 2 weeks to request a statement of reasons.
Importantly, the objection is sent to the court, so we find out about it after a few months at the earliest.
And as in the case of an order for payment, if there is an objection, the default judgment is set aside and the proceedings then proceed at their own pace until the actual judgment is issued.
Once it is issued, each party has 2 weeks to request a statement of reasons.
3
Court proceedings in the second instance
(usually up to 9 months)
Upon receipt of the justification, each party has 2 weeks to file an appeal or 1 week to file a complaint. In the case of an appeal, it is necessary to indicate which aspects of the case may have been misinterpreted by the court and need to be re-examined.
The court of second instance (i.e. the regional court) examines all the evidence gathered and finally issues a ruling. Usually, the court decides that the judgment remains unchanged, but sometimes it can change the wording.
The situation in which the court decides that the case must be referred back to the court of first instance is the rarest situation. In such a case, the whole process begins practically from the beginning, i.e. a judgment of the court of first instance is issued again, which can be appealed to the court of second instance.
The court of second instance (i.e. the regional court) examines all the evidence gathered and finally issues a ruling. Usually, the court decides that the judgment remains unchanged, but sometimes it can change the wording.
The situation in which the court decides that the case must be referred back to the court of first instance is the rarest situation. In such a case, the whole process begins practically from the beginning, i.e. a judgment of the court of first instance is issued again, which can be appealed to the court of second instance.
4
Enforcement proceedings
(1-3 months + bailiff proceedings: 1-2 months to several years)
When the decision of the court of first instance becomes final, an application for an enforcement clause must be filed, which means that it is possible to enforce the payment of compensation from the carrier, if necessary, with the participation of a bailiff.
Entry into force takes place when the time for filing an application for justification, an appeal, an objection to an order for payment or an objection to a default judgment expires. At the same time, it is also necessary to take into account the time buffer between when the final decision takes place and when the court is able to determine that the party has not filed a given appeal for sure.
That is why we usually file applications for a declaration of enforceability a few months after the issuance of the judgment or justification, and in the case of an order for payment or a default judgment, after more than half a year from their issuance.
Once you obtain a judgment with a clause, you can submit an application to a bailiff who will take care of the enforcement of the judgment and (provided that the carrier is solvent) collect the compensation.
As soon as the money is credited to your AirCashBack account, we will contact you to receive the bank account number where you wish to receive the money owed to you.
Once you obtain a judgment with a clause, you can submit an application to a bailiff who will take care of the enforcement of the judgment and (provided that the carrier is solvent) collect the compensation.
As soon as the money is credited to your AirCashBack account, we will contact you to receive the bank account number where you wish to receive the money owed to you.
Summary
1
In the most optimistic scenario, the carrier can pay compensation for the flight within 3-4 months of submitting the complaint to it.
2
If the case goes to court, the duration will be a minimum of 1 year.
3
The time that elapses between the issuance of a judgment and the referral of the case to a bailiff is usually 6 months.
4
If the case goes to the court of second instance, its duration may be extended by 1 year. Then the whole process can take 2-3 years.
5
If the court of second instance refers the case for reconsideration, the time of conducting the case is counted anew. Unfortunately, this means that the process of claiming compensation can take up to several years.
