Refunds and Compensation for American Airlines Strike

Yurii Semikopenko
30.08.2024

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 says that airlines are required to issue compensation if your flight is delayed or cancelled due to a strike. In this article, we will clarify what EU261 is and how it can assist you.

Passenger Rights Under EU 261/2004

Now let’s focus on the details 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 states that if you are protected by the EU 261/2004, you are entitled to claim compensation if a wildcat or planned strike of the airline’s workers disrupts your flight. It is worth noting, that both cases do not qualify as “extraordinary circumstances” which are events outside the airline’s control.

Flight Cancellation Compensation

In line with 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 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. Specifically, the airline is entitled to refuse compensation if they choose to offer you an alternative flight. However, this flight must 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 offered by the airline but reached the 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 can significantly disrupt your plans. You may be eligible for compensation if the flight delay resulting from an airline strike lasts at least three hours.

Regarding the potential compensation amount that passengers can expect, there are two key 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 cases when a passenger’s flight is either cancelled or delayed for 5 or more hours, the passenger is entitled to 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 choose the option that meets your needs.

Right to Care

Besides compensation for a delayed or cancelled flight resulting from an airline strike, passengers are also entitled to the right to care. So, the airline is required to provide passengers with meals, 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

In some instances, it occurs the airline might either upgrade or downgrade your flight’s class when offering an alternative flight. In these situations, 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. 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 apply to all flights within the EU; besides, 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 know that in cases in which the airline can’t 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 an airline’s control, and it’s not their fault that this situation occurs. Therefore, the airline is not required to pay compensation for disrupted flights.

Even though 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 provide 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 required to provide passengers compensation for flight disruptions.

Which Flights are Covered by EU 261/2004?

European Union Regulation 261 applies to all flights departing from airports in the EU. It also covers flights arriving in the EU if the airline originates in the EU. This includes airlines from EU countries as well as Iceland, Norway, and Switzerland.

However, American Airlines isn’t 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 American Airlines Strike Compensation

Dealing with flight cancellations or delays due to strikes is always frustrating. This can ruin not just your trip but also create problems – emotional, financial, etc. To claim compensation for this inconvenience, proceed with these steps:

  1. Fill in this form. You’ll need to provide details like your flight number, date, and what went wrong.
  2. Let our experts help you. Once you submit the form, our team will handle the rest. We know the EU laws thoroughly and will do our best to secure your compensation. You only pay us if we win your case.

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