Flight cancellations or delays 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 stipulates that airlines must 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 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 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 are entitled to seek compensation if a wildcat or planned strike of the airline’s workers disrupts your flight. It’s important to note, 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 may be eligible for compensation of up to €600 if your flight is cancelled and the airline does not notify you of the flight cancellation within two weeks before your scheduled travel date.
However, as it often happens, there are exceptions you should be aware of. Specifically, the airline has a right to refuse compensation if they decide to offer you an alternative flight. However, this flight must also 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 proposed by the airline but arrived at the final destination later than originally scheduled, you are still eligible to claim compensation.
The key factors that affect the amount of compensation are the flight distance and the delay time. 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 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.
As for the possible amount of compensation that passengers can expect, there are two important things to consider: the duration of the delay and the flight distance. See 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 is entitled to more substantial rights. You have two options to select 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 select the option that meets your needs.
Right to Care
Besides compensation for a cancelled or delayed flight resulting from an airline strike, passengers are also entitled to the right to care. So, the airline is required to 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 obliged to provide you with a hotel, as well as transportation from the airport to the hotel and back.
Upgrading and Downgrading
In some instances, it happens the airline may either upgrade or downgrade your flight’s class when offering an alternative flight. In these situations, you need to 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 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 rules apply to all flights inside 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 understand that in cases 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 may significantly affect aviation (it can be a national labor or air traffic strike); however, such events are not under the 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 instances of strikes are not covered by EU261 and are classified as “extraordinary circumstances”, this does not automatically mean that the airline will not provide 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 required to provide passengers compensation for flight disruptions.
Which Flights are Covered by EU 261/2004?
EU Regulation 261 applies to all flights departing from European Union airports. It also applies 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, Delta Air Lines isn’t a European airline. Therefore, they aren’t required 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 Delta Air Lines Strike Compensation
Dealing with delayed or cancelled flights due to strikes is always frustrating. It can ruin not just your trip but also create problems – emotional, financial, etc. To claim compensation for this inconvenience, proceed with these steps:
- Complete our form. You’ll need to provide details including your flight number, date, and what went wrong.
- Let our experts help you. Once you submit the form, our team will manage the process. We understand the EU laws well and will do our best to obtain your rightful compensation. You only pay us if we win your case.