Refunds and Compensation for SkyWest 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 that protects you. It stipulates that airlines must issue compensation if your flight is delayed or cancelled due to a strike. In this article, we will explain what EU261 is and how it can assist you.

Passenger Rights Under EU 261/2004

Now let’s explore the details of EU Regulation 261. In the following sections, you will learn about your rights to compensation and what benefits you can expect in case of a flight disruption.

Right to Compensation

The European Union regulation stipulates that if you are covered by the EU 261/2004, you have a right to seek compensation if a wildcat or planned strike by airline 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

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 of the flight cancellation within two weeks before your scheduled travel date.

Yet, as is frequently the case, there are exceptions you should be aware of. In particular, the airline is entitled to refuse compensation if they decide to offer you an alternative flight. However, this flight should also 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 offered by the airline but reached your final destination later than you were supposed to, you are still eligible to claim compensation.

The main 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 caused by airline strikes of any duration can be frustrating and may seriously affect your plans. You may be eligible for compensation if the flight delay resulting from an airline strike lasts at least three hours.

Regarding the possible amount of compensation that passengers may receive, there are two crucial factors 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 situations 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 delayed or cancelled 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

In addition to compensation for a cancelled or delayed flight due to an airline strike, passengers are also entitled to the right to care. So, the airline must 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 has to provide you with a hotel, as well as transport between the airport and the hotel.

Upgrading and Downgrading

In some instances, it occurs the airline might either downgrade or upgrade your flight’s class when offering an alternative flight. In these situations, 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 is obligated to reimburse you. Furthermore, the compensation here 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 rules apply to all flights within the EU; besides, these regulations 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 know that in situations when the airline cannot control or prevent the strike, there will be no compensation for passengers. Let’s take an example: any labor dispute can 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 obligated to pay compensation for disrupted flights.

Although many cases of strikes are not covered by EU261 and are classified as “extraordinary circumstances”, this does not 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, it is obliged to pay passengers compensation for flight disruptions.

Which Flights are Covered by EU 261/2004?

EU Regulation 261 applies to all flights departing from European Union airports. 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, SkyWest Airlines is not a European airline. Therefore, 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 SkyWest Airlines Strike Compensation

Dealing with cancelled or delayed flights due to strikes is always frustrating. It can ruin not just your trip but also create problems – emotional, financial, etc. To seek 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 what went wrong.
2. Let our experts help you. Once you submit the form, our team will take over. We know the EU laws comprehensively and will do our best to obtain your rightful compensation. You are only charged if we win your case.

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