Refunds and Compensation for EVA Air Strike

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 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 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 rights to compensation and what advantages you can expect in case 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 is worth noting, that both cases do not qualify as “extraordinary circumstances” which are events outside the airline’s control.

Flight Cancellation Compensation

In line with 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 is frequently the case, there are exceptions you should be aware of. In particular, the airline is entitled to refuse compensation if they decide to offer you an alternative flight. Though this flight is required to 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 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 due to airline strikes of any duration can be frustrating and may seriously affect your itinerary. You are entitled to compensation if the flight delay resulting from an airline strike lasts a minimum of three hours.

Regarding the potential compensation amount that passengers could be entitled to, there are two key 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 has more substantial rights. There are two options for you to choose 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 select the option that meets your needs.

Right to Care

Besides compensation for a delayed or cancelled flight resulting from an airline strike, passengers also have the right to care. So, the airline is required to provide passengers with meals, drinks, 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 from the airport to the hotel and back.

Upgrading and Downgrading

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

In case of upgrading: if your class has been upgraded, you won’t have 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 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 regulations cover all flights within the EU; additionally, these rules apply to 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 cases where the airline can’t influence 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 occasions are not under an airline’s control, and it’s not their fault that this situation happens. Therefore, 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 pay 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, it is required to provide passengers compensation for flight disruptions.

Which Flights are Covered by EU 261/2004?

EU 261 applies to all flights departing from European Union airports. It also covers 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, EVA Air is not a European airline. Consequently, 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.

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

How to Get EVA Air Strike Compensation

Dealing with flight delays or cancellations due to strikes is always frustrating. This can spoil your trip but also create problems – emotional, financial, etc. To seek compensation for this inconvenience, take the following actions:

1. Complete our form. You’ll need to provide details including your flight number, date, and the issue you encountered.
2. 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 get you your compensation. You only incur a fee if we win your case.

Recent Flight Delays and Cancellations