Fog over Balice, a snowstorm or a thunderstorm — and your flight is cancelled or leaves several hours late. The common belief is "it's the weather, so you get nothing". That is only half true. Weather often releases the airline from paying compensation, but it never releases it from caring for passengers or from refunding an unused ticket.
Important note
This article explains the general rules of Regulation (EC) No 261/2004 and is not legal advice. Entitlement to compensation always depends on the circumstances of the specific flight. Legal position as of September 2026.
When do EU rules protect you?
Regulation 261/2004 covers:
- every flight departing from an airport in the European Union — whether operated by an EU or non-EU airline,
- flights into the EU from a non-EU country — but only when operated by an EU carrier.
All departures from Krakow are therefore covered. Arrivals into Krakow from outside the EU are protected if you fly with an EU airline.
What you are entitled to — three separate rights
Most confusion comes from lumping everything together. The rules provide three distinct rights, and weather affects only one of them:
| Right | What it means | In bad weather |
|---|---|---|
| Right to care (Article 9) | Meals and refreshments in reasonable relation to the waiting time, hotel accommodation with transport if you must wait until the next day, and two phone calls or messages | Always applies |
| Refund or re-routing (Article 8) | On cancellation you choose a full ticket refund or an alternative flight to your destination | Always applies |
| Compensation (Article 7) | A fixed amount of €250, €400 or €600 depending on distance | Usually not, if the airline proves extraordinary circumstances |
Compensation amounts
| Route | Amount | Example from Krakow |
|---|---|---|
| Up to 1,500 km | €250 | Krakow – Berlin, Vienna, Paris |
| Over 1,500 km within the EU, or 1,500–3,500 km outside the EU | €400 | Krakow – Lisbon, Tenerife |
| Over 3,500 km outside the EU | €600 | Krakow – New York |
Compensation is due for a cancellation notified less than 14 days before departure (with exceptions where the airline offers an alternative flight at similar times) and — under Court of Justice of the EU case law — for arriving at your destination at least 3 hours late. What counts is when the aircraft door opens at the destination, not the take-off time.
When does weather release the airline from compensation?
The airline does not pay compensation if it proves the disruption was caused by extraordinary circumstances that could not have been avoided even if all reasonable measures had been taken. The regulation's recitals explicitly mention meteorological conditions incompatible with operating the flight.
Three conditions are key — and the airline must prove them, not the passenger:
- The weather genuinely prevented the flight — for example, fog reduced visibility below landing minima at Balice.
- There is a direct link between the weather and the disruption to your flight.
- The airline did what it reasonably could to limit the impact — for example, looked for a replacement aircraft or slot.
Situations where compensation is usually not due
- Dense fog at the departure or destination airport below approach minima.
- A thunderstorm or strong wind forcing operations to stop.
- Airport closure or air traffic control restrictions imposed because of weather.
- A delay caused by weather affecting the previous flight of the same aircraft — the CJEU allowed airlines to rely on this where there is a direct causal link (case C-74/19).
Situations where "the weather" is worth challenging
- Routine winter de-icing. Germany's Federal Court of Justice ruled that the need to de-ice an aircraft at a time when freezing temperatures are to be expected is not an extraordinary circumstance, because it is part of an airline's normal activity (BGH, 27 August 2024, X ZR 146/23). The ruling does not bind Polish courts, but it reflects the logic of the rules.
- The weather was fine at the time of your flight, and the airline cites fog from hours earlier without showing how it affected your flight.
- Other airlines operated normally on the same route in the same time window.
- The real cause was a crew or aircraft shortage, with weather used as a convenient explanation.
You can compare current conditions at Balice with the airline's explanation — see Krakow Airport conditions and visibility and RVR.
Delays — when is care due?
The right to care during a delay depends on distance and starts when the airline expects the departure to be delayed by at least:
| Route | Care from |
|---|---|
| Up to 1,500 km | 2 hours |
| Over 1,500 km within the EU, or 1,500–3,500 km outside the EU | 3 hours |
| All other flights | 4 hours |
With a delay of at least 5 hours you may abandon the journey and claim a refund of the ticket price.
Care applies even in extraordinary circumstances
The Court of Justice of the EU confirmed that the duty of care applies even when the airline does not have to pay compensation (case C-12/11 McDonagh, concerning the volcanic ash cloud). If the airline did not provide meals or a hotel, you can pay reasonable costs yourself and claim them back. Keep your receipts.
Diversion instead of cancellation
If fog forced your aircraft to land at an alternate airport, the airline must cover the cost of transferring you to the airport on your ticket (Article 8(3)). Practical tips are in Flight diverted to Katowice — what to do next.
How to claim, step by step
- At the airport — ask the airline for the reason for the cancellation or delay in writing, and for information about the care you are entitled to.
- Collect evidence — boarding pass, booking, receipts, screenshots of notifications, and your actual arrival time.
- Submit a claim to the airline — via the form on its website. State the flight, your request and the amount.
- If the airline refuses or does not reply — you can contact the Passenger Rights Ombudsman at the Polish Civil Aviation Authority (for flights under Polish jurisdiction) or take the matter to court.
Do not delay your claim. Time limits currently follow national law, and once the reform applies, passengers will have 12 months from the flight to submit a claim.
What will the EU reform change?
In 2026 the European Parliament and the Council of the EU concluded years of work on revising Regulation 261/2004. Parliament approved the agreement on 7 July 2026 and the Council on 13 July. The new rules are most likely to apply from the second half of 2027 — until then, the rules described above apply.
| Issue | After the reform |
|---|---|
| Delay threshold for compensation | Unchanged — 3 hours. The proposal to raise it to 4–6 hours was rejected |
| Compensation amounts | Unchanged — €250, €400 and €600 |
| Extraordinary circumstances | A non-exhaustive list in the rules, including adverse weather; a direct link to the event is still required |
| Hotel accommodation in extraordinary circumstances | Limited to a maximum of 3 nights |
| Deadline for passengers | 12 months from the flight to submit a claim |
| Deadline for airlines | 30 days to pay compensation or refuse |
For Krakow passengers the most important change concerns long weather disruptions: after the reform, in extraordinary circumstances the airline will have to provide a hotel for no more than 3 nights, whereas today this obligation has no limit.
How to reduce the risk in winter
- Choose a single booking with a connection rather than separate tickets — only then is the airline responsible for the whole journey.
- Allow extra time during the fog season — see the best months to fly from Krakow.
- Before leaving, check whether Krakow Airport is open.
See also
- Flight diverted to Katowice — transport, baggage and rights after a diversion.
- Aircraft de-icing in winter — why it delays departures.
- Low visibility procedures (LVP) — what happens at the airport in fog.
- Fog and flight diversions — when aircraft fly to Katowice.
- Summer flight disruptions — summer causes of delays.
- New ILS at Krakow Airport and CAT II — will there be fewer diversions.
FAQ
Am I entitled to compensation if my flight was cancelled because of fog?
Usually not, if the airline proves that fog genuinely prevented the flight and was directly linked to the cancellation. Meteorological conditions incompatible with operating a flight can be an extraordinary circumstance. You are still entitled to a refund or re-routing and to care.
Must the airline provide meals and a hotel if weather delays my flight?
Yes. The right to care applies even in extraordinary circumstances, as confirmed by the Court of Justice of the EU in case C-12/11. It covers meals and refreshments appropriate to the waiting time and hotel accommodation with transport if you have to wait until the next day.
Is a delay caused by aircraft de-icing an extraordinary circumstance?
Not automatically. Germany's Federal Court of Justice ruled on 27 August 2024 (X ZR 146/23) that de-icing at a time when freezing temperatures are to be expected is part of an airline's normal activity. The ruling does not bind Polish courts, but if you arrived 3 or more hours late it is worth submitting a claim.
How much compensation is due for a cancelled flight from Krakow?
€250 for flights up to 1,500 km, €400 for flights over 1,500 km within the EU and 1,500–3,500 km outside the EU, and €600 for flights over 3,500 km outside the EU. It is not due if the airline proves extraordinary circumstances or gave at least 14 days' notice of the cancellation.
What does the reform of Regulation 261/2004 change?
The 3-hour threshold and the €250–600 amounts remain unchanged. The reform adds a non-exhaustive list of extraordinary circumstances including adverse weather, limits hotel accommodation in such cases to 3 nights, and gives passengers 12 months to submit a claim. The new rules are most likely to apply from 2027.
Where can I complain if the airline refuses compensation?
First submit a claim directly to the airline. If it refuses or does not reply, you can contact the Passenger Rights Ombudsman at the Polish Civil Aviation Authority or take the matter to court.