Flight delays or cancellations due to airline strikes can be frustrating, but there is good news for passengers. 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 explain 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. In the following sections, you will discover your eligibility for 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 EU 261, you have a right to seek compensation if a wildcat or planned strike by airline workers affects your flight. Notably, that both cases do not qualify as “extraordinary circumstances” meaning circumstances the airline cannot 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 two weeks before your planned departure date.
Yet, as it often happens, 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. However, 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 provided by the airline but reached 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. Check 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 caused by airline strikes of any duration can be frustrating and can significantly disrupt your itinerary. You are entitled to compensation if the flight delay caused by an airline strike lasts three or more hours.
Regarding the possible compensation amount that passengers could be entitled to, there are two crucial factors 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 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
In addition to compensation for a delayed or cancelled flight resulting from an airline strike, passengers are also entitled to the right to care. Therefore, the airline must 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 is required to provide you with a hotel, as well as transportation between the airport and the hotel.
Upgrading and Downgrading
Sometimes it occurs the airline can either downgrade or upgrade your flight’s class when offering an alternative flight. In such cases, you should understand 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. 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 rules cover all flights within the EU; additionally, these regulations apply to 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 understand that in cases in which the airline can’t control 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 occasions are not under the airline’s control, and it’s not their fault that this situation occurs. 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.
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 required to pay passengers compensation for flight disruptions.
Which Flights are Covered by EU 261/2004?
EU Regulation 261 covers all flights departing from EU 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, Hawaiian Airlines is not a European airline. Therefore, they are not obliged 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 Hawaiian Airlines Strike Compensation
Dealing with flight cancellations or delays due to strikes is always frustrating. It can ruin not just your trip but also create problems – emotional, financial, etc. To seek compensation for this inconvenience, follow these steps:
- Fill in this form. You’ll need to provide details like your flight number, date, and the problem you faced.
- Let our experts help you. Once you submit the form, our team will handle the rest. We understand the EU laws well and will make every effort to obtain your rightful compensation. You are only charged if we win your case.