Flight cancellations or delays due to airline strikes can be annoying, but there is good news for travelers. There is a law called EU 261 that protects you. It stipulates that airlines have to issue compensation if your flight is cancelled or delayed as a result of 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 specifics of EU Regulation 261. In the following sections, you will discover your rights to 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. Notably, that both cases do not qualify as “extraordinary circumstances” meaning circumstances the airline cannot 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 14 days before your scheduled travel date.
However, as is frequently the case, there are exceptions you should be aware of. In particular, the airline has a right to refuse compensation if they decide to offer you an alternative flight. However, this flight must 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 arrived at the final destination later than originally scheduled, you are still eligible to claim compensation.
The primary factors that affect the amount of compensation are the flight distance and the delay time. See 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 caused by airline strikes of any duration can be frustrating and may seriously affect your plans. You may be eligible for compensation if the flight delay caused by an airline strike lasts a minimum of three hours.
Regarding 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 situations when a passenger’s flight is either cancelled or delayed for 5 or more hours, the passenger has more substantial rights. There are two options for you to choose 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
Besides compensation for a delayed or cancelled 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. When your flight is rescheduled for the next day, the airline is required to provide you with a hotel, as well as transportation to and from the hotel.
Upgrading and Downgrading
Sometimes it occurs the airline may either upgrade or downgrade 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 is obligated to reimburse you. Again, 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 cover all flights inside the EU; besides, these rules cover 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 situations in which the airline cannot control or prevent the strike, there will be no compensation for passengers. Let’s take an example: any labor dispute can significantly affect aviation (it can be 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 occurs. Therefore, an airline is not obligated to pay compensation for disrupted flights.
Although many cases of strikes are not covered by EU261 and are classified as “extraordinary circumstances”, this does not 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 pay passengers compensation for flight disruptions.
Which Flights are Covered by EU 261/2004?
EU Regulation 261 applies to 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, Cebu Pacific isn’t a European airline. Consequently, they are not obliged 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.
| Itinerary | Covered by EU 261 |
| Flights departing from EU airports | ✔️ Yes |
| Flights arriving at EU airports | ❌ No |
How to Get Cebu Pacific Strike Compensation
Dealing with delayed or cancelled flights due to strikes is always frustrating. It can not only ruin your trip but also create problems – emotional, financial, etc. To seek compensation for this inconvenience, proceed with these steps:
- Fill in our form. You’ll need to provide details including your flight number, date, and the issue you encountered.
- Let our experts help you. Once you submit the form, our team will handle the rest. We know the EU laws thoroughly and will strive to obtain your rightful compensation. You only pay us if we win your case.