Refunds and Compensation for Fiji Airways Strike

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

Passenger Rights Under EU 261/2004

Now let’s explore the particulars of EU Regulation 261. In the following sections, you will discover your eligibility for compensation and what advantages you can expect in case of a flight disruption.

Right to Compensation

The European Union regulation stipulates that if you are protected by EU 261, you have a right to claim compensation if a wildcat or planned strike of the airline’s workers disrupts your flight. It’s important to note, such situations do not qualify as “extraordinary circumstances” which are events outside the airline’s control.

Flight Cancellation Compensation

In line with EU Regulation 261, you can receive 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 scheduled travel date.

Yet, as it often happens, 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 offered by the airline but arrived at the 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 provided 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 may seriously affect your itinerary. You may be eligible for compensation if the flight delay caused by an airline strike lasts at least three hours.

As for the potential amount of compensation that passengers may receive, there are two important things to consider: the duration of the delay and the flight distance. See 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 obtains more significant rights. You have two options to select from:

• You can refuse the cancelled or delayed flight and choose a full ticket 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 choose the option that meets your needs.

Right to Care

Besides compensation for a disrupted flight due to an airline strike, passengers also have the right to care. Therefore, the airline must provide passengers with food, 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 required to provide you with a hotel, as well as transportation to and from the hotel.

Upgrading and Downgrading

Sometimes it happens the airline can either upgrade or downgrade your flight’s class when offering an alternative flight. In such cases, you need to know about 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. Furthermore, the compensation here entirely depends 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 cover all flights within the EU; additionally, these rules cover flights that are either departing from or arriving in the European Union on airlines based in the EU.

When Are You Not Entitled to Compensation?

Unfortunately, you should be aware that in cases 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 significantly affect aviation (such as a national labor or air traffic strike); however, such situations are not under the airline’s control, and it’s not their fault that this situation happens. As a result, the airline is not obligated to pay compensation for disrupted flights.

Even though 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 pay compensation.

In line with the ECJ ruling of 11 June 2020 (Case C-74/19), the airline must prove they have done everything possible to avoid a strike. If the airline cannot prove it, it is required to provide passengers compensation for flight disruptions.

Which Flights are Covered by EU 261/2004?

EU 261 covers all flights departing from European Union airports. This regulation also extends to flights arriving in the EU if the airline originates in the EU. This includes airlines from EU countries as well as Iceland, Norway, and Switzerland.

However, Fiji Airways is not a European airline. Consequently, they aren’t required to issue compensation if their flights operate outside the European Union. This applies even to 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 Fiji Airways Strike Compensation

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

1. Complete this form. You’ll need to provide details like your flight number, date, and the problem you faced.
2. Let our experts help you. Once you submit the form, our team will manage the process. We understand the EU laws well and will make every effort to obtain your rightful compensation. You only pay us if we win your case.

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