Refunds and Compensation for Horizon Air Strike

Yurii Semikopenko
30.08.2024

Flight delays or cancellations due to airline strikes can be frustrating, but there is good news for travelers. There is a law called EU 261/2004 that protects you. It says that airlines must issue compensation if your flight is delayed or cancelled because of a strike. In this article, we will clarify what EU261 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 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 covered by EU 261, you are entitled to claim compensation if a wildcat or planned strike of the airline’s workers disrupts your flight. It’s important to note, such situations 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 14 days before your planned departure date.

However, 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. 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 offered by the airline but arrived at the final destination later than you were supposed to, you are still eligible to claim compensation.

The main 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 hours2-3 hours3-4 hoursOver 4 hoursNever arrivedDistance
€125€250€250€250€250All flights 1,500 km or less
€200€200€400€400€400Internal EU flights over 1,500 km
€200€200€400€400€400Non-internal EU flights 1,500 km- 3,500 km
€300€300€300€600€600Non-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 may be eligible for compensation if the flight delay caused by an airline strike lasts a minimum of three hours.

As for the potential compensation amount that passengers can expect, 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 hoursBetween 3-4 hoursOver 4 hoursDistance
€0€250€250All flights up to 1500 km
€0€400€400All flights between 1500 km and 3500 km
€0€400€400All intra-EU flights over 3500 km
€0€300€600All 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 significant 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 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. So, the airline is required to provide passengers with food, beverages, and the opportunity to make two phone calls, fax messages, and emails. When your flight is rescheduled for the next day, the airline is obliged to provide you with a hotel, as well as transport from the airport to the hotel and back.

Upgrading and Downgrading

Occasionally it happens the airline might either upgrade or downgrade your flight’s class when providing 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 don’t need to pay extra for this benefit.

In case of downgrading: if your class is downgraded, the airline is obligated to 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 regulations apply to all flights within the EU; besides, these regulations 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 understand that in situations 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 can considerably 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 instances of strikes are not covered by EU261 and are classified as “extraordinary circumstances”, this does not 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 it has done everything possible to avoid a strike. If the airline cannot prove it, they are obliged 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. This regulation also extends 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, Horizon Air 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.

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

How to Get Horizon Air Strike Compensation

Dealing with cancelled or delayed flights due to strikes is always frustrating. Such situations can ruin not just your trip but also create problems – emotional, financial, etc. To claim compensation for this inconvenience, take the following actions:

  1. Fill in this 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 manage the process. We are well-versed in the EU laws well and will strive to get you your compensation. You only incur a fee if we win your case.

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