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 delayed or cancelled 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 focus on the particulars 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 EU 261, you have a right to claim compensation if a wildcat or planned strike of the airline’s workers disrupts your flight. It is worth noting, 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 can receive 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. Specifically, the airline is entitled to refuse compensation if they choose 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 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. 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 can significantly disrupt your itinerary. You may be eligible for compensation if the flight delay caused by an airline strike lasts at least 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. 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 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 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 cancelled or delayed flight due to an airline strike, passengers also have the right to care. Therefore, 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 is obliged to provide you with a hotel, as well as transportation to and from the hotel.
Upgrading and Downgrading
Sometimes it happens the airline might either downgrade or upgrade your flight’s class when offering an alternative flight. In these situations, you need to 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 is obligated to reimburse you. Furthermore, the compensation here 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 regulations apply to all flights within the EU; besides, 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 be aware that in cases 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 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 its fault that this situation happens. As a result, an airline is not required to pay compensation for disrupted flights.
Even though 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 provide compensation.
In line with the ECJ ruling of 11 June 2020 (Case C-74/19), the airline must prove they have done everything possible to prevent a strike. If the airline cannot prove it, they are obliged to provide passengers compensation for flight disruptions.
Which Flights are Covered by EU 261/2004?
EU 261 covers 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, Etihad Airways isn’t a European airline. Consequently, 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 Etihad Airways Strike Compensation
Dealing with cancelled or delayed flights due to strikes is always frustrating. It can not only ruin your trip but also create problems – emotional, financial, etc. To claim compensation for this inconvenience, follow these steps:
- Fill in our form. You’ll need to provide details like your flight number, date, and the issue you encountered.
- Let our experts help you. Once you submit the form, our team will take over. We know the EU laws well and will do our best to obtain your rightful compensation. You only incur a fee if we win your case.