Flight delays or cancellations due to airline strikes can be annoying, but there is good news for passengers. There is a regulation called EU 261/2004 that protects you. It stipulates that airlines must issue compensation if your flight is cancelled or delayed as a result of a strike. In this article, we will explain what the EU 261 regulation is and how it can help 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 discover your rights 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 the EU 261/2004, you have a right to claim compensation if a wildcat or planned strike of the airline’s workers affects your flight. It is worth noting, such situations do not qualify as “extraordinary circumstances” meaning circumstances the airline cannot control.
Flight Cancellation Compensation
According to EU Regulation 261, you can receive 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 planned departure date.
However, as is frequently the case, 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 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 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 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 may seriously affect your itinerary. You may be eligible for compensation if the flight delay resulting from an airline strike lasts three or more hours.
As for the possible compensation amount that passengers may receive, there are two crucial factors to consider: the duration of the delay and the flight distance. Check 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 obtains 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 delayed or cancelled flight due to an airline strike, passengers are also entitled to the right to care. So, the airline is required to 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 obliged to provide you with a hotel, as well as transportation to and from the hotel.
Upgrading and Downgrading
In some instances, it occurs the airline might either upgrade or downgrade your flight’s class when offering an alternative flight. In such cases, you should 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 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 inside the EU; additionally, these rules 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 understand 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 may significantly affect aviation (such as a national labor or air traffic strike); however, such occasions are not under the airline’s control, and it’s not its fault that this situation happens. Therefore, the 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.
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, it is obliged to pay passengers compensation for flight disruptions.
Which Flights are Covered by EU 261/2004?
EU Regulation 261 applies to all flights departing from airports in the EU. This regulation also extends 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 Panama isn’t a European airline. Therefore, they are not obliged 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 Panama Strike Compensation
Dealing with flight cancellations or delays due to strikes is always frustrating. Such situations can spoil your trip but also create problems – emotional, financial, etc. To seek compensation for this inconvenience, take the following actions:
- Fill in our form. You’ll need to provide details including your flight number, date, and the issue you encountered.
- Let our experts help you. Once you submit the form, our team will manage the process. We understand the EU laws comprehensively and will strive to obtain your rightful compensation. You are only charged if we win your case.