- Damaged luggage, a delayed flight, a problem with a claim or a complaint – check whether you are entitled to compensation.
- The President of UOKiK has ordered Enter Air to pay consumers compensation totalling over PLN 8.2 million.
- This is an important signal to the market and brings tangible benefits to consumers.
Enter Air is a Polish airline specialising in charter flights for travel agencies. UOKiK received numerous complaints from travellers who had encountered difficulties with this carrier. The President of UOKiK conducted proceedings against the company, in which he challenged 10 of its practices. The UOKiK’s actions culminated in the issuance of a binding decision – consumers will receive compensation.
– Passengers should have a genuine opportunity to exercise their rights, and it is the carrier’s duty to establish transparent and legally compliant rules for handling complaints. Airlines must also provide appropriate compensation in the event of problems that may arise before, during, or after a flight – says Tomasz Chróstny, President of UOKiK.
Damage, destruction, or loss of luggage – compensation of PLN 170
Enter Air will award compensation of PLN 170 to passengers whose complaints were responded to late – either by rejection or by not being fully upheld. The deadline for responding to a complaint is 14 days. Businesses, including airlines, cannot extend this time limit, and if they exceed it or fail to respond to claims altogether, this is generally regarded as acceptance of the claim.
Furthermore, in UOKiK’s view, the PIR (Property Irregularity Report) completed by passengers at the airport – containing all necessary information regarding the facts of the case and the claim – should be considered equivalent to lodging a complaint with the airline. Passengers who completed a PIR but whose subsequent claims were nevertheless rejected by Enter Air on the grounds that they had contacted the carrier too late will receive compensation.
Other circumstances that qualify for consumer compensation from the carrier include cases of rejected complaints due to the age of the suitcase, the lack of documents required by Enter Air, or the airline’s unilateral and arbitrary exclusion of liability.
Delayed luggage delivery – compensation of PLN 200
Consumers whose complaints regarding delayed delivery of checked luggage, or requests for reimbursement of expenses related to such situations, have been rejected will be entitled to compensation of PLN 200. Enter Air rejected passengers’ claims for flights to their country of residence and limited reimbursements to so-called essential items. However, compensation in such cases should be paid to every passenger regardless of destination, and the law does not limit operators’ liability to reimbursement for a specific category of goods.
Flight cancellation or delay – compensation adjustment + voucher
As established by the President of UOKiK, in the event of a flight cancellation or delay, Enter Air reached settlements with consumers – either on board or after disembarkation. They offered lower compensation than that provided for by law. Passengers may not have been clearly informed about their entitlements and rights. The carrier will award compensation up to the amount specified in the regulations, as well as a voucher worth PLN 50, valid indefinitely for a single use on any flight operated by Enter Air.
The liability of air carriers is governed by the Montreal Convention. This is supplemented by EU Regulation (EC) No 261/2004, which grants minimum rights to passengers, including in situations of delay, flight cancellation, or denied boarding. Depending on the distance to the destination, compensation amounts to EUR 250 (up to 1,500 km), EUR 400 (from 1,500 to 3,500 km), or EUR 600 (for other flights). Compensation applies if passengers arrive at their destination with a delay of three hours or more, or if the flight has been cancelled.
What happens next?
Consumers entitled to compensation will be notified via individual messages from Enter Air within six months of the decision becoming final. The company is expected to contact them by 24 October 2026. The information provided will specify the method and deadlines for the automatic payment of compensation. In cases where such payment cannot be made (e.g. due to the lack of a passenger’s bank account number), Enter Air will make the payment upon the consumer’s request, and consumers will be informed of this in detail by the company. The airline will also publish a notice regarding the decision of the President of UOKiK on its website and Facebook page.
Importantly, consumers may be entitled to more than one compensation payment on various grounds. The compensation covers both those who lodged complaints with the company and those who, as a result of being misled, did not do so. Such individuals will be able to contact Enter Air and refer to the decision of the President of UOKiK. If they consider that the compensation awarded does not meet their expectations, they may seek redress.
Details can be found in the decision of the President of UOKiK. According to estimates, the total amount of compensation awarded to consumers may exceed PLN 8.2 million (PLN 8,234,034). UOKiK will monitor the implementation of the undertaking. Contact details for Enter Air regarding the decision of the President of UOKiK: rekompensata@enterair.pl.
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