Flight delays or cancellations due to airline strikes can be annoying, 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 the EU 261 regulation is and how it can help you. Passenger Rights Under EU 261/2004 Now let’s explore the particulars of EU Regulation 261. In the following sections, you will discover your eligibility for compensation and what benefits you can expect in case of a flight disruption. Right to Compensation The European Union regulation stipulates that if you are covered by EU 261, you are entitled to claim compensation if a wildcat or planned strike by airline workers affects your flight. Notably, such situations do not qualify as “extraordinary circumstances” i.e., those beyond the airline’s control. Flight Cancellation Compensation In line with EU Regulation 261, you are entitled to compensation of up to €600 if your flight is cancelled and the airline does not notify you of the flight 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 has a right to refuse compensation if they decide to offer you an alternative flight. However, 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 originally scheduled, you are still eligible to claim compensation. The key 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 may seriously affect your plans. You are entitled to compensation if the flight delay resulting from an airline strike lasts at least three hours. As for the potential amount of compensation that passengers can expect, there are two crucial factors to consider: the duration of the delay and the flight distance. See the table provided 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 delayed for 5 or more hours or cancelled, the passenger obtains more significant 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 In addition to compensation for a delayed or cancelled flight due to an airline strike, passengers also have the right to care. So, the airline is required to provide passengers with food, beverages, 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 transportation to and from the hotel. Upgrading and Downgrading Occasionally it happens the airline might either downgrade or upgrade 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 aren’t required to pay extra for this advantage. In case of downgrading: if your class is downgraded, the airline must reimburse you. Again, 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 regulations cover all flights inside 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 when the airline can’t influence or prevent the strike, there will be no compensation for passengers. Let’s take an example: any labor dispute can considerably affect aviation (such as a national labor or air traffic strike); however, such situations are not under the airline’s control, and it’s not its fault that this situation occurs. As a result, the 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 pay compensation. In line with 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, it is obliged to provide passengers compensation for flight disruptions. Which Flights are Covered by EU 261/2004? EU 261 covers 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 Serbia 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. ItineraryCovered by EU 261Flights departing from EU airports✔️ YesFlights arriving at EU airports❌ No How to Get Air Serbia Strike Compensation Dealing with flight delays or cancellations 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, proceed with these steps: Complete this form. You’ll need to provide details like 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 well and will do our best to secure your compensation. You are only charged if we win your case.