LOT Polish Airlines Rejected My Compensation Claim: What to Do Next
Receiving a rejection email from LOT Polish Airlines is frustrating, but it's rarely the end of the road. Airlines routinely reject valid claims using automated templates or questionable excuses. This guide reveals how to challenge LOT's decision, spot invalid rejections, and force them to pay what you're owed.
Why You Should Not Give Up
- ~60% of initial rejections are overturned when challenged properly
- "Technical faults" are usually NOT extraordinary circumstances
- Weather excuses are often used even when other planes were flying
- Escalation works: LOT knows professional agencies will take them to court
Did LOT Reject Your Claim? Let Us Fight for You
Our legal team challenges invalid rejections daily. If we don't win, you don't pay anything.
Start Free Appeal Check →Top 3 Fake Excuses LOT Uses to Reject Claims
Airlines use specific keywords to make rejections sound legally binding. Here's how to decode them.
Excuse #1: "Operational Reasons" or "Technical Defect"
What they say:
"Your flight was delayed due to unexpected technical difficulties, which constitute extraordinary circumstances."
The Truth:
FALSE. The European Court of Justice has ruled that technical problems inherent to the normal activity of an airline (like part failures, engine issues, maintenance delays) are NOT extraordinary. LOT must compensate you. Only manufacturing defects (like a recall of all Boeing 737 MAX planes) or sabotage count as extraordinary.
Excuse #2: "Bad Weather" (When It Wasn't That Bad)
What they say:
"Adverse weather conditions prevented the safe operation of the flight."
The Truth:
OFTEN FALSE. Check if other flights departed from the same airport at roughly the same time. If Lufthansa, Ryanair, and Wizz Air were flying while LOT stayed grounded, weather likely wasn't the real reason. Or the weather was "bad" at a previous destination, causing a knock-on delay—which is LOT's operational problem, not yours.
Excuse #3: "Air Traffic Control (ATC) Restrictions"
What they say:
"Delay was caused by ATC slot restrictions beyond our control."
The Truth:
MISLEADING. While ATC delays can be extraordinary, airlines often blame ATC for delays caused by their own lateness. If the flight missed its slot because the crew was late or boarding was slow, that's LOT's fault, not ATC's. You can demand proof of the specific regulation slot.
Step-by-Step: How to Appeal a Rejection
If you receive a rejection, do NOT just accept it. Follow this escalation path.
Step 1: Reply Demanding Proof
Send a formal reply to the rejection email. Use this template:
I reject your decision to deny compensation for flight [Flight Number].
You cited [Reason given], but under EU Regulation 261/2004 and relevant ECJ case law, this does not constitute an extraordinary circumstance unless you can prove all reasonable measures were taken.
Please provide:
1. The specific technical flight log or weather report justifying the delay.
2. Proof that other airlines were similarly affected.
If I do not receive a positive response within 14 days, I will escalate this matter to the Civil Aviation Authority and seek legal representation."
Step 2: Complain to the National Enforcement Body (NEB)
If LOT ignores your appeal or maintains the rejection:
- • Identify the correct body: It's the agency in the country of departure.
- • For flights from Poland: Urząd Lotnictwa Cywilnego (ULC) via Passenger Rights Ombudsman (Rzecznik Praw Pasażera).
- • For flights from UK: Civil Aviation Authority (CAA).
- • Submit their official complaint form with LOT's rejection attached.
Note: NEBs can take months and their decisions are sometimes not legally binding on airlines.
Step 3: Use a Flight Compensation Company (Recommended)
This is often the fastest way to get paid after a rejection. Companies like ClaimWinger:
- ✓ Have access to flight databases to disprove weather/ATC excuses
- ✓ Have lawyers who threaten legal action
- ✓ Take the risk: No win, no fee (usually 25-30% success fee)
Can I Still Get Expense Reimbursement?
YES! This is a critical point most passengers miss.
Even if LOT is correct and the delay was due to extraordinary circumstances (like a volcano eruption or massive storm) and they don't have to pay the €250-€600 compensation:
They MUST still pay for:
- • Meals and refreshments during the wait
- • Hotel accommodation (if stuck overnight)
- • Transport between airport and hotel
- • Two communications (calls/emails)
This "Right to Care" has no exceptions for extraordinary circumstances. If LOT rejected your expense claim too, they are breaking the law.
When Should You Accept the Rejection?
Sometimes LOT is right. You likely won't win compensation if:
- • You arrived at your final destination with less than 3 hours delay (e.g., 2h 55m).
- • The delay was caused by strict security threats (e.g., bomb scare at airport).
- • Medical emergency on board requiring diversion.
- • Severe weather that grounded ALL flights at the airport (not just yours).
- • Air Traffic Control strikes that directly reduced capacity.
However, unless you are 100% sure, it's always worth getting a second opinion from a professional claim service.
Get a Second Opinion on Your Rejection
LOT rejected your claim? We'll review it for free. If they're wrong, we'll fight them in court for you.
Verify My Rejection →Frequently Asked Questions
Why did LOT Polish Airlines reject my compensation claim?
Common reasons include 'extraordinary circumstances' (weather, strikes), technical issues (often invalid), or claiming you arrived less than 3 hours late. Many rejections are automated or baseless—always double-check the reason.
Is LOT's decision final?
No. An airline's rejection is just their initial position. You can appeal, escalate to National Enforcement Bodies (NEB), use Alternative Dispute Resolution (ADR), or take legal action. Many rejected claims are later won.
LOT claims 'technical defect' is extraordinary. Is this true?
Usually false. The European Court of Justice has ruled that technical problems inherent to aircraft operation are NOT extraordinary circumstances, even if unexpected. LOT must pay unless it was a manufacturing defect or sabotage.
What if LOT blames the weather?
Verify it. Check if other flights departed from the same airport at the same time. If other planes were flying, weather likely wasn't the real cause or was manageable. Demand proof.
How do I escalate a complaint against LOT Polish Airlines?
If LOT rejects your appeal, file a complaint with the Civil Aviation Authority (CAA) in the country where the flight departed (e.g., UOKiK in Poland). They can investigate but cannot always enforce payment.
Should I use a claim agency if LOT rejects me?
Yes, especially after a rejection. Agencies like ClaimWinger have legal teams that know how to challenge airline excuses and can take the case to court if necessary. They work on a 'no win, no fee' basis.
Can I claim for expenses if LOT rejected compensation?
Yes! Even if 'extraordinary circumstances' excuse the compensation payout, LOT MUST still reimburse you for care (meals, hotels, transport) during the delay. This right applies regardless of the cause.
How long do I have to appeal LOT's decision?
It depends on the statute of limitations in your jurisdiction (e.g., 3 years in Poland, 6 years in UK). Don't delay—appeal as soon as possible.
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