Flight delays or cancellations due to airline strikes can be frustrating, but there is good news for passengers. There is a regulation called EU 261/2004 that protects you. It says that airlines have to issue compensation if your flight is cancelled or delayed due to a strike. In this article, we will clarify what the EU 261 regulation is and how it can help you.
Passenger Rights Under EU 261/2004
Now let’s focus on the particulars of EU Regulation 261. In the following sections, you will learn about your eligibility for compensation and what advantages 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 affects your flight. It’s important to note, such situations do not qualify as “extraordinary circumstances” meaning circumstances the airline cannot 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 about the cancellation within 14 days before your scheduled travel date.
Yet, as it often happens, there are exceptions you should be aware of. Specifically, the airline has a right to refuse compensation if they choose to offer you an alternative flight. However, this flight is required to 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 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 duration of the delay. Check the table 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 are entitled to compensation if the flight delay resulting from an airline strike lasts a minimum of three hours.
Concerning the potential compensation amount that passengers may receive, there are two important things 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. You have two options to select from:
- You can refuse the delayed or cancelled 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
In addition to 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 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 required to provide you with a hotel, as well as transport between the airport and the hotel.
Upgrading and Downgrading
Occasionally it occurs the airline might either downgrade or upgrade your flight’s class when providing an alternative flight. In such cases, you need to be aware of specific rules and your rights:
In case of upgrading: if your class has been upgraded, you don’t need to pay extra for this benefit.
In case of downgrading: if your class is downgraded, the airline must reimburse you. Again, the compensation here 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 within the EU; additionally, these regulations apply to 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 cases 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 significantly affect aviation (such as a national labor or air traffic strike); however, such occasions are not under an airline’s control, and it’s not their fault that this situation happens. As a result, an 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 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 it has done everything possible to prevent a strike. If the airline cannot prove it, they are obliged to provide passengers compensation for flight disruptions.
Which Flights are Covered by EU 261/2004?
EU Regulation 261 covers all flights departing from EU airports. It also applies 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, Bangkok Airways is not a European airline. Therefore, they are not obliged 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 Bangkok Airways Strike Compensation
Dealing with flight delays or cancellations due to strikes is always frustrating. It can spoil your trip but also create problems – emotional, financial, etc. To get compensated for this inconvenience, follow these steps:
- Complete our form. You’ll need to provide details such as your flight number, date, and the problem you faced.
- Let our experts help you. Once you submit the form, our team will handle the rest. We know the EU laws well and will strive to obtain your rightful compensation. You are only charged if we win your case.