Flight delays or cancellations 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 says that airlines must issue compensation if your flight is cancelled or delayed as a result of 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 explore the details of EU Regulation 261. In the following sections, you will learn about your entitlement to compensation and what benefits you can expect in the event of a flight disruption.
Right to Compensation
The European Union regulation states that if you are covered by EU 261, you are entitled to seek 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” i.e., those beyond the airline’s 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 of the flight cancellation within 14 days before your planned departure 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 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 provided by the airline but arrived at the 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 delay time. Check 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 itinerary. You are entitled to compensation if the flight delay caused by an airline strike lasts at least three hours.
As for the potential compensation amount that passengers may receive, there are two crucial factors 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 situations when a passenger’s flight is either cancelled or delayed for 5 or more hours, 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
In addition to compensation for a cancelled or delayed 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. When your flight is rescheduled for the next day, the airline is obliged 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 offering an alternative flight. In these situations, you need to 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. Again, 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 airlines based in the EU.
When Are You Not Entitled to Compensation?
Unfortunately, you should know that in cases in which the airline cannot 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 situations are not under the airline’s control, and it’s not its fault that this situation occurs. Therefore, the 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.
According to 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, it is obliged to provide passengers compensation for flight disruptions.
Which Flights are Covered by EU 261/2004?
European Union Regulation 261 applies to all flights departing from European Union 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, Emirates is not a European airline. Therefore, they don’t have 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 Emirates Strike Compensation
Dealing with cancelled or delayed 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, proceed with these steps:
- Complete this form. You’ll need to provide details such as 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 understand the EU laws well and will do our best to get you your compensation. You only pay us if we win your case.