Refunds and Compensation for Air Serbia 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 are required to issue compensation if your flight is delayed or cancelled due to a strike. In this article, we will explain what the EU 261 regulation is and how it can assist you.

Passenger Rights Under EU 261/2004

Now let’s focus on the details of EU Regulation 261/2004. In the following sections, you will learn about your entitlement to compensation and what advantages you can expect in case of a flight disruption.

Right to Compensation

The European Union regulation states that if you are covered by EU 261, you have a right to claim compensation if a wildcat or planned strike by airline workers disrupts your flight. It is worth noting, that both cases do not qualify as “extraordinary circumstances” meaning circumstances the airline cannot control.

Flight Cancellation Compensation

Under 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.

However, as it often happens, there are exceptions you should be aware of. In particular, the airline is entitled to refuse compensation if they choose to offer you an alternative flight. Though this flight must 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 provided by the airline but arrived at the final destination later than originally scheduled, 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. 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 plans. You may be eligible for compensation if the flight delay caused by an airline strike lasts three or more hours.

Regarding the possible compensation amount that passengers could be entitled to, there are two key 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. There are two options for you to choose 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

Besides compensation for a cancelled or delayed flight due to an airline strike, passengers are also entitled to 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 transport between the airport and the hotel.

Upgrading and Downgrading

In some instances, it happens the airline may either downgrade or upgrade your flight’s class when providing 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 aren’t required to pay extra for this advantage.

In case of downgrading: if your class is downgraded, the airline must reimburse you. Furthermore, the compensation in this case 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 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 know that in cases when the airline cannot influence or prevent the strike, there will be no compensation for passengers. Let’s take an example: any labor dispute could significantly affect aviation (such as 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 does not automatically mean that the airline will not pay compensation.

According to 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 required to pay passengers compensation for flight disruptions.

Which Flights are Covered by EU 261/2004?

EU Regulation 261 covers all flights departing from EU airports. It also covers 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, Air Serbia isn’t a European airline. Therefore, 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 Air Serbia Strike Compensation

Dealing with flight delays or cancellations 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, follow these steps:

1. Fill in this form. You’ll need to provide details such as your flight number, date, and the issue you encountered.
2. Let our experts help you. Once you submit the form, our team will take over. We understand the EU laws thoroughly and will do our best to get you your compensation. You are only charged if we win your case.

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