• Damaged luggage after air travel? Remember your rights!
• The President of UOKiK brought charges against Wizz Air airline.
• They concern failure to respond to luggage complaints within 14 days and misleading information about the carrier’s limited liability.

The UOKiK has received complaints regarding claims for luggage damaged during Wizz Air flights. Consumers indicate that they do not receive responses to their claims, and attempts to contact the carrier regarding complaints prove unsuccessful. The President of UOKiK charged Wizz Air Hungary with its registered office in Budapest with infringing collective consumer interests.

No one answers, and no one picks up

In handling passenger complaints regarding damaged luggage, Wizz Air cooperates with PS Service from Warsaw. The airline directs consumers to this company if they wish to report an issue, such as the need for suitcase repair or replacement. However, according to reports received by UOKiK, contacting PS. Service has been difficult. “I call the provided number every day (about 30 times a day), but no one has answered for over two weeks”, “I followed the instructions given at the airport, yet for over six months, I haven’t even received confirmation that my application has been accepted”. According to the law, despite using a subcontractor, Wizz Air remains responsible for properly handling complaints.

Wizz Air instructed passengers to contact PS. Service after reporting luggage issues to the airport claims office and completing a Property Irregularity Report (PIR). However, according to UOKiK’s analysis, Wizz Air failed to properly supervise PS. Service in carrying out the tasks entrusted to it and lacked insight into the volume and content of the correspondence between its contractor and consumers. Meanwhile, passengers do not receive responses to their complaints within the statutory 14-day period, nor are they informed that this is the legal timeframe for receiving a response from the company. Furthermore, they are unable to contact the company by phone or email.

- The entrepreneur bears the risk of delays, including those related to complaint handling. If they delegate specific responsibilities to a contractor, they must ensure these tasks are properly carried out. Wizz Air, despite receiving information about issues with luggage complaints, did not influence the work standards of the company it cooperates with, nor did it make any changes in this regard, thereby exposing consumers to losses and unnecessary inconvenience – says President of UOKiK, Tomasz Chróstny.

The question of responsibility

Furthermore, Wizz Air provides passengers with misleading information regarding its liability for the destruction, damage, or loss of checked luggage that occurs during a flight or while under the carrier’s care. The airline excludes its liability in situations where it determines that the issue is due to poor quality, defects, overloading of the luggage, or normal wear and tear resulting from transport (such as scratches, dirt, or dents).

Meanwhile, the Montreal Convention, which sets uniform rules for carriers in the event of damage to passengers, luggage, or goods during international journeys, does not allow for a general exclusion or limitation of liability in such cases. However, if damage occurs to unchecked luggage or personal belongings of passengers, airlines are liable if the damage is caused by the fault of the carrier, its employees, or agents. However, Wizz Air exempts itself from this obligation if the consumer fails to report the damage onboard the aircraft. The President of UOKiK questions such provisions, as they may mislead passengers and cause them to forfeit their right to claim compensation from the company.

If the allegations are confirmed, Wizz Air could face a fine of up to 10 percent of its turnover for each of the contested practices. The President of UOKiK is also monitoring the practices of other airlines and has recently initiated proceedings against Enter Air.