Refunds and Compensation for Cape Air Strike

Flight cancellations or delays due to airline strikes can be annoying, but there is good news for passengers. There is a regulation called EU 261 that protects you. It stipulates that airlines have to issue compensation if your flight is cancelled or delayed due to 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 focus on the details of EU Regulation 261. In the following sections, you will learn about your rights 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 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. Notably, such situations do not qualify as “extraordinary circumstances” meaning circumstances the airline cannot 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.

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. 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 offered 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. See 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 caused by airline strikes of any duration can be frustrating and can significantly disrupt your plans. You are entitled to compensation if the flight delay caused by an airline strike lasts three or more hours.

Concerning the possible compensation amount that passengers could be entitled to, there are two key factors to consider: the duration of the delay and the flight distance. Check the table provided 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 situations when a passenger’s flight is either cancelled or delayed for 5 or more hours, 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 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 cancelled or delayed flight due to an airline strike, passengers also have the right to care. So, the airline must provide passengers with food, drinks, 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 between the airport and the hotel.

Upgrading and Downgrading

Sometimes it occurs the airline might either upgrade or downgrade 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 aren’t required to pay extra for this advantage.

In case of downgrading: if your class is downgraded, the airline is obligated to reimburse you. Furthermore, 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 rules cover all flights inside 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 be aware that in cases where the airline cannot control or prevent the strike, there will be no compensation for passengers. Let’s take an example: any labor dispute could 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, the airline is not obligated 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 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, they are obliged to provide passengers compensation for flight disruptions.

Which Flights are Covered by EU 261/2004?

EU 261 covers all flights departing from EU airports. 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, Cape Air isn’t a European airline. Consequently, they aren’t required 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 Cape 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 such as your flight number, date, and what went wrong.
2. Let our experts help you. Once you submit the form, our team will manage the process. We are well-versed in the EU laws well and will do our best to obtain your rightful compensation. You only pay us if we win your case.

Recent Flight Delays and Cancellations