Flight cancellations or delays due to airline strikes can be annoying, but there is good news for travelers. There is a regulation called EU 261/2004 that protects you. It stipulates that airlines are required to issue compensation if your flight is delayed or cancelled because 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 specifics of EU Regulation 261/2004. In the following sections, you will learn about your eligibility for compensation and what benefits you can expect in case of a flight disruption.
Right to Compensation
The European Union regulation states that if you are covered by the EU 261/2004, you have a right to seek compensation if a wildcat or planned strike of the airline’s workers affects your flight. Notably, such situations do not qualify as “extraordinary circumstances” meaning circumstances the airline cannot control.
Flight Cancellation Compensation
According to EU Regulation 261, you are entitled to 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.
Yet, as is frequently the case, there are exceptions you should be aware of. In particular, the airline has a right to refuse compensation if they choose 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 you were supposed to, 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 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 plans. You are entitled to compensation if the flight delay caused by an airline strike lasts three or more hours.
As for the potential amount of compensation that passengers can expect, there are two important things to consider: the duration of the delay and the flight distance. See 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 cases 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 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
In addition to compensation for a cancelled or delayed flight resulting from an airline strike, passengers also have the right to care. So, the airline is required to provide passengers with food, drinks, 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 transport between the airport and the hotel.
Upgrading and Downgrading
Sometimes it occurs the airline might either upgrade or downgrade your flight’s class when providing an alternative flight. In such cases, 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 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 be aware that in situations 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 can significantly 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 occurs. 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 doesn’t automatically mean that the airline will not pay compensation.
According to 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 airports in the EU. 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, Grant Aviation is not a European airline. Therefore, they aren’t required to issue compensation if their flights operate outside the European Union. This applies even to 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 Grant Aviation Strike Compensation
Dealing with flight cancellations or delays 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 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 manage the process. We know the EU laws well and will strive to get you your compensation. You only incur a fee if we win your case.