A delayed flight from Chicago, a canceled layover in Warsaw, a bag "too large by 2 cm" 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 baggage rules in low-cost airlines really look – and why in Poland you only have one year to file a claim.
Status 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 will only come into effect around mid-2027 (one year after publication in the Official Journal of the EU). 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 fixed 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 an 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 beware: a technical fault with the aircraft and a strike by the airline's own crew are generally NOT considered extraordinary circumstances – the CJEU's 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 rerouting. Keep receipts – costs for care that the airline did not provide are refundable.
How to Claim Compensation (and Not Give Half to Intermediaries)
Claim to the Airline
In writing, with your reservation number, boarding passes, and a description of the incident (take photos of the flight board and notifications in the app). In Poland, the airline has 30 days to respond – no response means the claim is accepted (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 claim 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, they were opening proceedings for applications submitted about 5 months earlier – patience is 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 up to 300 EUR. You are buying convenience, not rights. An alternative for cross-border disputes: the European Small Claims Procedure (up to 5,000 EUR).
Watch the Deadline: Only 1 Year in Poland
Passenger claims expire in Poland one year from the completion of the transport – this is one of the shortest deadlines in the EU (Germany: 3 years, UK: 6 years). The deadline is suspended while the claim is being processed. Do not postpone the matter "until after the holidays".
Baggage: Lost, Delayed, Damaged
The carrier is responsible for baggage under the Montreal Convention – the liability limit is from December 28, 2024, 1,519 SDR per passenger (about 2,000 USD). Key deadlines: claim for damage to baggage in writing within 7 days of receipt, baggage delay – within 21 days of 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 Baggage in Low-Cost Airlines – Status as of 2026
- Free under-seat bag: European airlines have standardized the guaranteed free personal baggage 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 bin 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 baggage 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 4–6 hours and lower the rates were rejected. New: on the longest routes, the airline may reduce compensation by half if it provides a rerouting with a delay of less than 4 hours. |
| Carry-On Baggage | Guaranteed free personal baggage 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 baggage remain legal, but the price with baggage must be visible from the start. |
| Families and Formalities | Seat next to a child under 14 years – free (also for persons with disabilities and pregnant women); prohibition of fees for correcting a typo in the name and for printing the boarding pass; 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 cities in the USA: 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 baggage: 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 baggage. Always check the fare contents before purchasing, do not be misled by the price alone. For tips on finding 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 is a curiosity, not a change for travelers.
Passenger Cheat Sheet: (1) delay of 3h+ on a flight covered by EU261 = demand a specific amount (250/400/600 EUR), not a voucher; (2) "extraordinary circumstances" is not a magic spell – technical faults and crew strikes do not exempt from payment; (3) first file a claim (30 days), then use the free Advocate at ULC – leave compensation companies for tough cases; (4) in Poland, you only have one year to claim; (5) baggage: PIR report immediately at the airport, claim within 7/21 days; (6) when flying to the USA, choose LOT or another EU carrier if you want EU261 protection both ways.
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