Refunds and Compensation for Atlas Air Strike

Flight delays or cancellations due to airline strikes can be annoying, but there is good news for passengers. There is a law called EU 261/2004 that protects you. It says that airlines must issue compensation if your flight is delayed or cancelled as a result of a strike. In this article, we will explain what EU261 is and how it can assist you.

Passenger Rights Under EU 261/2004

Now let’s explore the specifics of EU Regulation 261. In the following sections, you will learn about your entitlement to 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 are entitled to claim compensation if a wildcat or planned strike of the airline’s workers affects your flight. Notably, that both cases do not qualify as “extraordinary circumstances” i.e., those beyond the airline’s control.

Flight Cancellation Compensation

Under EU Regulation 261, you are entitled to 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.

Yet, as it often happens, there are exceptions you should be aware of. In particular, the airline is entitled to refuse compensation if they decide to offer you an alternative flight. Though this flight should also meet specific 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 reached your 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 delay time. 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 plans. You may be eligible for compensation if the flight delay resulting from an airline strike lasts at least three hours.

Concerning the possible amount of compensation that passengers may receive, there are two key 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 delayed for 5 or more hours or cancelled, the passenger has more significant rights. There are two options for you to choose from:

• You can refuse the cancelled or delayed 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

In addition to compensation for a disrupted flight due to an airline strike, passengers are also entitled to the right to care. So, the airline must provide passengers with meals, beverages, and the opportunity to make two phone calls, fax messages, and emails. If 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

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

In case of downgrading: if your class is downgraded, the airline must reimburse you. Furthermore, the compensation in this case is based 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 regulations apply to all flights within 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 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 may considerably affect aviation (it can be a national labor or air traffic strike); however, such situations are not under an airline’s control, and it’s not their fault that this situation happens. Therefore, an airline is not required to pay compensation for disrupted flights.

Even though 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 pay compensation.

According to the ECJ ruling of 11 June 2020 (Case C-74/19), the airline must prove it has done everything possible to prevent 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 261 covers all flights departing from European Union airports. This regulation also extends to 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, Atlas Air is not a European airline. Consequently, they don’t have to issue compensation if their flights operate outside the European Union. This is true even for 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 Atlas Air Strike Compensation

Dealing with delayed or cancelled flights due to strikes is always frustrating. Such situations 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 manage the process. We know the EU laws thoroughly and will do our best to obtain your rightful compensation. You only incur a fee if we win your case.

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