Flight cancellations or delays due to airline strikes can be frustrating, but there is good news for passengers. There is a law called EU 261 that protects you. It stipulates that airlines must issue compensation if your flight is cancelled or delayed due to 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 261/2004. 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 stipulates that if you are protected by EU 261, you are entitled to seek compensation if a wildcat or planned strike of the airline’s workers disrupts your flight. Notably, such situations do not qualify as “extraordinary circumstances” which are events outside the airline’s control.
Flight Cancellation Compensation
According to EU Regulation 261, you may be eligible for 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.
Yet, 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. 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 proposed by the airline but reached the 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 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 caused by airline strikes of any duration can be frustrating and may seriously affect your itinerary. You may be eligible for compensation if the flight delay caused by an airline strike lasts a minimum of three hours.
Concerning the potential amount of compensation that passengers could be entitled to, 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 choose the option that meets your needs.
Right to Care
In addition to compensation for a delayed or cancelled flight resulting from an airline strike, passengers also have the right to care. Therefore, the airline is required to 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 has to provide you with a hotel, as well as transport 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 providing 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 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 rules 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 be aware that in situations where 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 the airline’s control, and it’s not their fault that this situation occurs. Therefore, an airline is not required to pay compensation for disrupted flights.
Although many instances of strikes are not covered by EU261 and are classified as “extraordinary circumstances”, this does not 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 they have done everything possible to avoid a strike. If the airline cannot prove it, they are obliged to pay passengers compensation for flight disruptions.
Which Flights are Covered by EU 261/2004?
EU 261 applies to all flights departing from EU airports. It also applies to 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 Busan is not 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 Air Busan 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, proceed with these steps:
- Fill in this form. You’ll need to provide details like your flight number, date, and what went wrong.
- Let our experts help you. Once you submit the form, our team will manage the process. We understand the EU laws well and will strive to obtain your rightful compensation. You only pay us if we win your case.