Refunds and Compensation for Air Arabia Strike

Yurii Semikopenko
30.08.2024

Flight delays or cancellations due to airline strikes can be annoying, but there is good news for travelers. There is a law called EU 261/2004 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 focus on the specifics of EU Regulation 261/2004. In the following sections, you will learn about your rights to 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 are entitled to claim compensation if a wildcat or planned strike of the airline’s workers disrupts your flight. Notably, such situations do not qualify as “extraordinary circumstances” meaning circumstances the airline cannot 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 two weeks before your scheduled travel date.

Yet, 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 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 provided by the airline but reached 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 delay time. Check the table below for compensation amounts:

Under 2 hours2-3 hours3-4 hoursOver 4 hoursNever arrivedDistance
€125€250€250€250€250All flights 1,500 km or less
€200€200€400€400€400Internal EU flights over 1,500 km
€200€200€400€400€400Non-internal EU flights 1,500 km- 3,500 km
€300€300€300€600€600Non-internal EU flights over 3,500 km

Flight Delay Compensation

Delays caused by airline strikes of any duration can be frustrating and can significantly disrupt your itinerary. You are entitled to compensation if the flight delay caused by an airline strike lasts a minimum of three hours.

Regarding the possible compensation amount that passengers may receive, 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 hoursBetween 3-4 hoursOver 4 hoursDistance
€0€250€250All flights up to 1500 km
€0€400€400All flights between 1500 km and 3500 km
€0€400€400All intra-EU flights over 3500 km
€0€300€600All non-EU flights over 3500 km

Ticket Refund or Alternative Transportation

In the rare situations 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 also have the right to care. So, the airline must provide passengers with food, drinks, 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 to and from the hotel.

Upgrading and Downgrading

In some instances, it happens the airline may either upgrade or downgrade your flight’s class when offering an alternative flight. In such cases, you need to be aware of specific rules and your rights:

In case of upgrading: if your class has been upgraded, you don’t need to pay extra for this benefit.

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 regulations cover all flights within the EU; besides, 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 be aware that in situations 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 may considerably affect aviation (it can be a national labor or air traffic strike); however, such situations are not under an airline’s control, and it’s not their fault that this situation happens. As a result, an 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 provide 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?

European Union Regulation 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, Air Arabia is not a European airline. Therefore, they don’t have 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.

ItineraryCovered by EU 261
Flights departing from EU airports✔️ Yes
Flights arriving at EU airports❌ No

How to Get Air Arabia Strike Compensation

Dealing with delayed or cancelled flights due to strikes is always frustrating. This can not only ruin 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 what went wrong.
  2. Let our experts help you. Once you submit the form, our team will handle the rest. We are well-versed in the EU laws comprehensively and will make every effort to get you your compensation. You only incur a fee if we win your case.

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