Flight cancellations or delays due to airline strikes can be frustrating, but there is good news for travelers. There is a regulation called EU 261/2004 that protects you. It says that airlines must issue compensation if your flight is delayed or cancelled due to a strike. In this article, we will explain what EU261 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 discover 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 covered by the EU 261/2004, you are entitled to claim compensation if a wildcat or planned strike of the airline’s workers disrupts your flight. It is worth noting, such situations 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 about the cancellation within 14 days before your scheduled travel date.
Yet, as is frequently the case, 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 offered by the airline but arrived at your 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 plans. You may be eligible for compensation if the flight delay caused by an airline strike lasts three or more hours.
Concerning the possible amount of compensation that passengers could be entitled to, there are two crucial factors to consider: the duration of the delay and the flight distance. Check 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 obtains more significant rights. You have two options to select from:
- You can refuse the delayed or cancelled 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 disrupted flight resulting from an airline strike, passengers also have the right to care. Therefore, the airline must 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 has to provide you with a hotel, as well as transportation to and from the hotel.
Upgrading and Downgrading
Occasionally it occurs the airline might either upgrade or downgrade your flight’s class when providing an alternative flight. In these situations, you should understand 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. Furthermore, the compensation here is based 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 cover all flights inside the EU; additionally, these rules cover 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 situations where the airline cannot control 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 events are not under the airline’s control, and it’s not its fault that this situation happens. As a result, 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 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, it is required to pay 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 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, EVA Air isn’t a European airline. Consequently, they aren’t required 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 delayed or cancelled flights due to strikes is always frustrating. Such situations can spoil your trip but also create problems – emotional, financial, etc. To get compensated for this inconvenience, follow these steps:
- Fill in our form. You’ll need to provide details such as your flight number, date, and the problem you faced.
- Let our experts help you. Once you submit the form, our team will manage the process. We understand the EU laws thoroughly and will make every effort to get you your compensation. You only pay us if we win your case.