Refunds and Compensation for South African Airways Strike

Flight delays or cancellations due to airline strikes can be annoying, but there is good news for travelers. There is a regulation called EU 261 that protects you. It stipulates that airlines are required to issue compensation if your flight is cancelled or delayed as a result of a strike. In this article, we will explain what EU261 is and how it can help you.

Passenger Rights Under EU 261/2004

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

Right to Compensation

The European Union regulation states that if you are protected by EU 261, you have a right to seek compensation if a wildcat or planned strike of the airline’s workers disrupts your flight. It is worth noting, that both cases do not qualify as “extraordinary circumstances” i.e., those beyond the airline’s control.

Flight Cancellation Compensation

According to 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 planned departure date.

However, as is frequently the case, there are exceptions you should be aware of. Specifically, the airline has a right to refuse compensation if they choose to offer you an alternative flight. Though 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 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. 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 may seriously affect your itinerary. You are entitled to compensation if the flight delay resulting from an airline strike lasts at least three hours.

Regarding the possible amount of compensation that passengers can expect, 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 is entitled to more significant rights. You have two options to select 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

In addition to compensation for a disrupted flight due to an airline strike, passengers are also entitled to the right to care. Therefore, the airline must 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 required to provide you with a hotel, as well as transport to and from the hotel.

Upgrading and Downgrading

Occasionally it happens the airline might either upgrade or downgrade your flight’s class when providing an alternative flight. In these situations, you should 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. Again, 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; additionally, these regulations apply to 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 can’t control or prevent the strike, there will be no compensation for passengers. Let’s take an example: any labor dispute could significantly affect aviation (it can be a national labor or air traffic strike); however, such occasions are not under an airline’s control, and it’s not their fault that this situation occurs. Therefore, an 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 doesn’t automatically mean that the airline will not provide 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, it is required to pay passengers compensation for flight disruptions.

Which Flights are Covered by EU 261/2004?

European Union Regulation 261 applies to all flights departing from airports in the EU. It also covers 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, South African Airways 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 South African Airways Strike Compensation

Dealing with flight delays or cancellations due to strikes is always frustrating. It can spoil your trip but also create problems – emotional, financial, etc. To seek compensation for this inconvenience, follow these steps:

1. Fill in our form. You’ll need to provide details like 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 comprehensively and will strive to obtain your rightful compensation. You only incur a fee if we win your case.

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