Refunds and Compensation for Japan Airlines Strike

Flight cancellations or delays due to airline strikes can be frustrating, but there is good news for travelers. There is a regulation called EU 261/2004 that protects you. It stipulates that airlines must issue compensation if your flight is cancelled or delayed due to a strike. In this article, we will explain what the EU 261 regulation is and how it can help you.

Passenger Rights Under EU 261/2004

Now let’s explore the specifics of EU Regulation 261/2004. In the following sections, you will discover your rights to compensation and what advantages you can expect in the event of a flight disruption.

Right to Compensation

The European Union regulation states that if you are protected by EU 261, you are entitled to claim compensation if a wildcat or planned strike by airline workers affects your flight. Notably, such situations do not qualify as “extraordinary circumstances” meaning circumstances the airline cannot control.

Flight Cancellation Compensation

In line with EU Regulation 261, you are entitled to compensation of up to €600 if your flight is cancelled and the airline does not notify you of the flight cancellation within 14 days before your planned departure date.

Yet, as is frequently the case, there are exceptions you should be aware of. Specifically, the airline is entitled to refuse compensation if they decide to offer you an alternative flight. Though this flight is required to meet specific requirements:

• If your flight is over 3,500 km, your replacement flight must arrive at the point of destination with a delay of less than 4 hours;
• If your flight is 1,500-3,500 km, your replacement flight must arrive at the point of destination with a delay of less than 3 hours;
• If your flight is less than 1,500 km, your replacement flight must arrive at the point of destination with a delay of less than 2 hours;

If you agreed to the alternative flight proposed by the airline but arrived at your final destination later than originally scheduled, you are still eligible to claim compensation.

The primary factors that affect the amount of compensation are the flight distance and the duration of the delay. See the table below for compensation amounts:

Under 2 hours	2-3 hours	3-4 hours	Over 4 hours	Never arrived	Distance
€125	€250	€250	€250	€250	All flights 1,500 km or less
€200	€200	€400	€400	€400	Internal EU flights over 1,500 km
€200	€200	€400	€400	€400	Non-internal EU flights 1,500 km- 3,500 km
€300	€300	€300	€600	€600	Non-internal EU flights over 3,500 km

Flight Delay Compensation

Delays due to airline strikes of any duration can be frustrating and can significantly disrupt your plans. You may be eligible for compensation if the flight delay resulting from an airline strike lasts three or more hours.

Regarding the potential amount of compensation that passengers could be entitled to, there are two important things to consider: the duration of the delay and the flight distance. Check the table provided below for compensation amounts:

Less than 3 hours	Between 3-4 hours	Over 4 hours	Distance
€0	€250	€250	All flights up to 1500 km
€0	€400	€400	All flights between 1500 km and 3500 km
€0	€400	€400	All intra-EU flights over 3500 km
€0	€300	€600	All non-EU flights over 3500 km

Ticket Refund or Alternative Transportation

In the rare cases when a passenger’s flight is delayed for 5 or more hours or cancelled, the passenger is entitled to more significant rights. There are two options for you to choose from:

• You can refuse the cancelled or delayed flight and choose a full refund, meaning that you will also cancel your planned trip, and there won’t be a financial penalty for this.
• You can agree to use an alternative flight that the airline arranges for you.

As you can see, you have the right to select the option that meets your needs.

Right to Care

Besides compensation for a disrupted flight resulting from an airline strike, passengers also have the right to care. So, the airline is required to provide passengers with meals, drinks, and the opportunity to make two phone calls, fax messages, and emails. If your flight is rescheduled for the next day, the airline is obliged to provide you with a hotel, as well as transportation between the airport and the hotel.

Upgrading and Downgrading

Sometimes it occurs the airline can either downgrade or upgrade your flight’s class when offering an alternative flight. In these situations, you need to be aware of specific rules and your rights:

In case of upgrading: if your class has been upgraded, you won’t have to pay extra for this advantage.

In case of downgrading: if your class is downgraded, the airline must reimburse you. Again, the compensation here is based on the distance of the flight:

• 30% of the cost of the flights that are 1,500 km or less;
• 50% of the cost of t is an intra-EU flight over 1,500 km; also, if these are all other flights that are 1,500-3,500 km;
• 75% of the cost of the flight is 3,500 km and more.

These regulations apply to all flights inside the EU; besides, these rules cover flights that are either departing from or arriving in the European Union on EU-based airlines.

When Are You Not Entitled to Compensation?

Unfortunately, you should understand that in situations where the airline cannot control or prevent the strike, there will be no compensation for passengers. Let’s take an example: any labor dispute may considerably affect aviation (it can be a national labor or air traffic strike); however, such events are not under an airline’s control, and it’s not their fault that this situation occurs. Therefore, the airline is not required to pay compensation for disrupted flights.

Although many cases of strikes are not covered by EU261 and are classified as “extraordinary circumstances”, this doesn’t automatically mean that the airline will not provide compensation.

In line with the ECJ ruling of 11 June 2020 (Case C-74/19), the airline must prove it has done everything possible to prevent a strike. If the airline cannot prove it, they are obliged to pay passengers compensation for flight disruptions.

Which Flights are Covered by EU 261/2004?

EU 261 applies to all flights departing from airports in the EU. It also applies to flights arriving in the EU if the airline is based in the EU. This includes airlines from EU countries as well as Iceland, Norway, and Switzerland.

However, Japan Airlines is not a European airline. Consequently, they are not obliged to issue compensation if their flights operate outside the European Union. This is true even for their flights to the European Union if they start outside the EU.

Itinerary	Covered by EU 261
Flights departing from EU airports	✔️ Yes
Flights arriving at EU airports	❌ No

How to Get Japan Airlines Strike Compensation

Dealing with flight cancellations or delays due to strikes is always frustrating. This can not only ruin your trip but also create problems – emotional, financial, etc. To claim compensation for this inconvenience, proceed with these steps:

1. Complete our form. You’ll need to provide details like your flight number, date, and what went wrong.
2. Let our experts help you. Once you submit the form, our team will take over. We know the EU laws thoroughly and will strive to obtain your rightful compensation. You are only charged if we win your case.

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