Refunds and Compensation for All Nippon Airways Strike

Yurii Semikopenko
30.08.2024

Flight delays or cancellations 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 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 the EU 261 regulation is and how it can assist you.

Passenger Rights Under EU 261/2004

Now let’s focus on the specifics 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 the EU 261/2004, you have a right 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

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.

However, as it often happens, there are exceptions you should be aware of. Specifically, the airline is entitled to refuse compensation if they choose to offer you an alternative flight. Though 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 arrived at your final destination later than you were supposed to, 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 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 at least three hours.

Concerning 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 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 select the option that meets your needs.

Right to Care

Besides compensation for a cancelled or delayed flight due to an airline strike, passengers are also entitled to the right to care. Therefore, the airline is required to provide passengers with meals, 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 from the airport to the hotel and back.

Upgrading and Downgrading

Sometimes it occurs the airline might either downgrade or upgrade 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 won’t have to pay extra for this benefit.

In case of downgrading: if your class is downgraded, the airline is obligated to reimburse you. Again, the compensation here entirely depends on 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 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 understand 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 can considerably affect aviation (it can be 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. Therefore, an airline is not obligated to pay compensation for disrupted flights.

Although many instances 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.

According to 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?

European Union Regulation 261 covers all flights departing from European Union airports. It also covers 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, All Nippon Airways 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 261
Flights departing from EU airports✔️ Yes
Flights arriving at EU airports❌ No

How to Get All Nippon Airways Strike Compensation

Dealing with flight delays or cancellations 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, follow these steps:

  1. Fill in our form. You’ll need to provide details including your flight number, date, and the problem you faced.
  2. Let our experts help you. Once you submit the form, our team will take over. We are well-versed in the EU laws thoroughly and will strive to get you your compensation. You only pay us if we win your case.

Claim your compensation now

Check your claim now, quickly and for free. We enforce your rights for you!