Flight delays or cancellations 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 are required 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 explore the specifics of EU Regulation 261/2004. In the following sections, you will learn about your entitlement to compensation and what advantages you can expect in the event of a flight disruption.
Right to Compensation
The European Union regulation stipulates that if you are protected by the EU 261/2004, you have a right to seek compensation if a wildcat or planned strike by airline 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 are entitled to compensation of up to €600 if your flight is cancelled and the airline does not notify you of the flight cancellation within 14 days before your scheduled travel date.
Yet, as it often happens, there are exceptions you should be aware of. In particular, the airline has a right to refuse compensation if they choose 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 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 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 can significantly disrupt your itinerary. You may be eligible for compensation if the flight delay resulting from an airline strike lasts three or more hours.
Concerning the potential compensation amount that passengers may receive, there are two crucial 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 delayed for 5 or more hours or cancelled, the passenger obtains 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
In addition to 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, beverages, 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 transportation to and from the hotel.
Upgrading and Downgrading
Sometimes it occurs the airline might either downgrade or upgrade your flight’s class when providing an alternative flight. In such cases, you should understand specific rules and your rights:
In case of upgrading: if your class has been upgraded, you don’t need 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 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; additionally, 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 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 could considerably 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 occurs. As a result, an airline is not required to pay compensation for disrupted flights.
Although 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 it has done everything possible to avoid 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 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, Dana Air is not a European airline. Therefore, 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 Dana Air Strike Compensation
Dealing with flight cancellations or delays due to strikes is always frustrating. It can ruin not just your trip but also create problems – emotional, financial, etc. To seek compensation for this inconvenience, proceed with these steps:
- Complete our form. You’ll need to provide details like your flight number, date, and what went wrong.
- Let our experts help you. Once you submit the form, our team will handle the rest. We know the EU laws comprehensively and will do our best to obtain your rightful compensation. You only incur a fee if we win your case.