Refunds and Compensation for Empire Airlines Strike

Yurii Semikopenko
30.08.2024

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 says 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 particulars of EU Regulation 261. In the following sections, you will discover your rights to compensation and what benefits 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 claim compensation if a wildcat or planned strike by airline workers disrupts your flight. It’s important to note, such situations do not qualify as “extraordinary circumstances” i.e., those beyond the airline’s control.

Flight Cancellation Compensation

Under EU Regulation 261, you can receive 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 planned departure date.

However, as it often happens, there are exceptions you should be aware of. Specifically, the airline is entitled 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 offered by the airline but reached your 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 provided below for compensation amounts:

Under 2 hours2-3 hours3-4 hoursOver 4 hoursNever arrivedDistance
€125€250€250€250€250All flights 1,500 km or less
€200€200€400€400€400Internal EU flights over 1,500 km
€200€200€400€400€400Non-internal EU flights 1,500 km- 3,500 km
€300€300€300€600€600Non-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 are entitled to compensation if the flight delay caused by an airline strike lasts a minimum of three hours.

Regarding the possible amount of compensation that passengers may receive, there are two key factors to consider: the duration of the delay and the flight distance. Check the table below for compensation amounts:

Less than 3 hoursBetween 3-4 hoursOver 4 hoursDistance
€0€250€250All flights up to 1500 km
€0€400€400All flights between 1500 km and 3500 km
€0€400€400All intra-EU flights over 3500 km
€0€300€600All 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. 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 choose the option that meets your needs.

Right to Care

Besides compensation for a disrupted 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 transport to and from the hotel.

Upgrading and Downgrading

Occasionally it happens the airline may either upgrade or downgrade your flight’s class when offering an alternative flight. In such cases, you should be aware of specific rules and your rights:

In case of upgrading: if your class has been upgraded, you aren’t required to pay extra for this benefit.

In case of downgrading: if your class is downgraded, the airline must reimburse you. Again, the compensation in this case entirely depends 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 rules apply to all flights inside the EU; additionally, these regulations 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 understand that in cases when the airline cannot influence or prevent the strike, there will be no compensation for passengers. Let’s take an example: any labor dispute could significantly 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 happens. Therefore, the airline is not required to pay compensation for disrupted flights.

Although 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.

According to 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, it is obliged to provide passengers compensation for flight disruptions.

Which Flights are Covered by EU 261/2004?

EU 261 covers all flights departing from airports in the EU. It also covers 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, Empire Airlines isn’t a European airline. Therefore, they are not obliged 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.

ItineraryCovered by EU 261
Flights departing from EU airports✔️ Yes
Flights arriving at EU airports❌ No

How to Get Empire Airlines Strike Compensation

Dealing with delayed or cancelled flights due to strikes is always frustrating. It can spoil your trip but also create problems – emotional, financial, etc. To claim compensation for this inconvenience, proceed with these steps:

  1. Complete this form. You’ll need to provide details including your flight number, date, and what went wrong.
  2. Let our experts help you. Once you submit the form, our team will handle the rest. We understand the EU laws comprehensively and will do our best to secure your compensation. You are only charged if we win your case.

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