Refunds and Compensation for Tailwind Airlines Strike

Flight delays or cancellations 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 are required 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 assist you.

Passenger Rights Under EU 261/2004

Now let’s explore the details of EU Regulation 261/2004. In the following sections, you will discover your eligibility for compensation and what benefits you can expect in the event of a flight disruption.

Right to Compensation

The European Union regulation states that if you are protected by the EU 261/2004, you have a right to seek compensation if a wildcat or planned strike by airline workers affects your flight. It is worth noting, such situations do not qualify as “extraordinary circumstances” which are events outside the airline’s control.

Flight Cancellation Compensation

Under EU Regulation 261, you are entitled to compensation of up to €600 if your flight is cancelled and the airline does not notify you about the cancellation within 14 days before your scheduled travel date.

However, as is frequently the case, there are exceptions you should be aware of. Specifically, the airline is entitled to refuse compensation if they choose to offer you an alternative flight. However, this flight is required to meet certain 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 provided by the airline but arrived at your final destination later than you were supposed to, you are still eligible to claim compensation.

The primary factors that affect the amount of compensation are the flight distance and the delay time. Check 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 can significantly disrupt your itinerary. You are entitled to compensation if the flight delay resulting from an airline strike lasts a minimum of three hours.

Concerning the potential compensation amount that passengers can expect, there are two crucial factors to consider: the duration of the delay and the flight distance. See the table 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 either cancelled or delayed for 5 or more hours, the passenger has more substantial 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 select 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 is required to provide passengers with food, beverages, and the opportunity to make two phone calls, fax messages, and emails. When your flight is rescheduled for the next day, the airline is required to provide you with a hotel, as well as transportation from the airport to the hotel and back.

Upgrading and Downgrading

Occasionally it happens the airline can either upgrade or downgrade 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 benefit.

In case of downgrading: if your class is downgraded, the airline must reimburse you. Furthermore, the compensation in this case is determined by 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 regulations 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 understand that in cases in which the airline cannot influence or prevent the strike, there will be no compensation for passengers. Let’s take an example: any labor dispute could considerably affect aviation (such as a national labor or air traffic strike); however, such occasions are not under an airline’s control, and it’s not its fault that this situation happens. Therefore, the airline is not required to pay compensation for disrupted flights.

Even though many instances 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 it has done everything possible to avoid a strike. If the airline cannot prove it, they are required to provide passengers compensation for flight disruptions.

Which Flights are Covered by EU 261/2004?

EU 261 covers all flights departing from airports in the EU. It also applies 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, Tailwind Airlines isn’t 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 Tailwind Airlines Strike Compensation

Dealing with delayed or cancelled flights due to strikes is always frustrating. It can ruin not just your trip but also create problems – emotional, financial, etc. To claim compensation for this inconvenience, take the following actions:

1. Fill in our 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 know the EU laws thoroughly and will make every effort to get you your compensation. You only pay us if we win your case.

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