Compensation and Reimbursement for Air India Strike

Yurii Semikopenko
04.09.2024

Flight cancellations or delays caused by an airline strike can seriously disrupt travel plans. Fortunately, in many cases, passengers are covered under EU261 regulation. This regulation outlines the rules for assistance and compensation to passengers during airline strikes. In this article, we will look at your rights as a passenger and the steps to seek compensation from the airline.

When Are You Entitled to Air India Strike Compensation?

EU Regulation 261/2004 protects travelers affected by airline strikes. This legislation obliges the airline to issue compensation in the event of a standard crew strike and a “wildcat” strike. These labor disputes are considered part of operational issues, therefore, the airline is responsible for them.

It is crucial to understand that the situation with compensation is complex. Certain strikes may fall under the “extraordinary circumstances” exception. These include strikes by cargo handlers, fire crews, ground personnel, etc. When faced with disruptions caused by these ground crew members, the chances of obtaining compensation may be significantly reduced. It is essential to identify exactly which staff is involved in the strike. This directly influences your eligibility for compensation.

Flight Cancellation Compensation

In the event of flight cancellation due to a strike, the airline must inform travelers of the cancellation at least 14 days before the scheduled departure. If the airline doesn’t inform you during the specified period, it is obliged to pay compensation to passengers in the amount of up to 600 euros.

It is important to note that the airline is not obligated to pay compensation by providing you with an alternative flight to your final destination. However, if the alternative flight results in a later arrival at the final destination, passengers could be entitled to compensation. The amount of compensation depends on the duration of the delay and the distance of the flight, as displayed in the table:

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

Under the EU261/2004 regulation, if your flight is delayed and you arrive at your final destination more than 3 hours later than scheduled, you are entitled to compensation of up to €600 per passenger. It’s crucial to understand that the duration of the delay depends solely on when you arrive at your final destination, not on how late the plane took off.

The amount of compensation depends on the distance of the flight and the duration of the delay:

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

Requirements for Air India Strike Compensation

When a flight disruption occurs, passengers may be entitled to compensation, but specific requirements must be met. It is important to understand these criteria to effectively manage the compensation process:

  • Your flight must be covered by the EU261/2004 regulation. This applies to all flights departing from EU airports, regardless of the airline. It also applies to flights arriving in the EU, but only when operated by an EU-based airline.
  • A flight cancellation or delay has significantly disrupted your travel plans. This means your flight has been delayed by three hours or more at the final destination, or it was cancelled with less than 14 days’ notice before the scheduled departure.
  • You are required to have a valid reservation and be ready to travel. This includes having a valid booking and all necessary travel documents ready (passport, visas).
  • You need to get to the airport on time. Check-in within the time specified by the airline. If no specific time is provided, arrive at least 45 minutes before the scheduled departure to maintain eligibility for compensation.

Should you believe you meet these requirements following a Air India strike, it’s advisable to document your experience thoroughly and communicate directly with the airline about your compensation claim. Understanding your rights and responsibilities is the first step towards potentially obtaining compensation for an airline strike.

How to Claim Air India Strike Compensation

Dealing with flight cancellations or delays 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, proceed with these steps:

  1. Complete 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 make every effort to secure your compensation. You are only charged if we win your case.

Following these steps, you will get the compensation you are entitled to under EU law.

Other Rights in Case of a Flight Strike

In addition to compensation, passengers must know about certain services they can expect to receive from the airline in case of a flight disruption. These services aim to reduce inconveniences and give some comfort to passengers during delays or cancellations. Keep in mind that the services we are describing below are included in the airline company’s duty to care for every passenger.

Right to Care

When the flight delay is two hours or more, the airline is required to provide affected passengers with certain services to reduce discomfort. Some of the basic services are free beverages and meals. Moreover, the affected passengers have a right to make two phone calls and send faxes, or e-mails for free.

Rebooking or Refunds

If your flight is cancelled or delayed by 5+ hours, you have the right to a full refund or an alternative flight to your final destination. These options offer some flexibility, which is great because you can choose what works best for you.

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