Refunds and Compensation for Japan Airlines Strike

Yurii Semikopenko
30.08.2024

Flight cancellations or delays due to airline strikes can be annoying, but there is good news for passengers. There is a law called EU 261/2004 that protects you. It says that airlines are required to issue compensation if your flight is cancelled or delayed 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 focus on the specifics of EU Regulation 261. In the following sections, you will discover your rights to compensation and what advantages you can expect in the event of a flight disruption.

Right to Compensation

The European Union regulation stipulates that if you are covered by EU 261, you have a right to claim compensation if a wildcat or planned strike by airline workers affects your flight. It’s important to note, such situations do not qualify as “extraordinary circumstances” which are events outside the airline’s 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 scheduled travel date.

Yet, 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 should 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 reached 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 caused by airline strikes of any duration can be frustrating and can significantly disrupt 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 compensation amount 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 provided 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 obtains 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 select the option that meets your needs.

Right to Care

In addition to compensation for a delayed or cancelled flight due to an airline strike, passengers are also entitled to 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 transportation between the airport and the hotel.

Upgrading and Downgrading

In some instances, it occurs the airline can either upgrade or downgrade your flight’s class when offering an alternative flight. In such cases, you need to 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 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 regulations apply to all flights inside the EU; additionally, 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 cases in which the airline cannot influence 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 occurs. As a result, the 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 provide compensation.

According to the ECJ ruling of 11 June 2020 (Case C-74/19), the airline must prove it has done everything possible to prevent a strike. If the airline cannot prove it, they are obliged to provide passengers compensation for flight disruptions.

Which Flights are Covered by EU 261/2004?

EU Regulation 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, Japan Airlines isn’t a European airline. Therefore, they don’t have 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 Japan Airlines Strike Compensation

Dealing with flight delays or cancellations 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, proceed with these steps:

  1. Complete this form. You’ll need to provide details including your flight number, date, and what went wrong.
  2. Let our experts help you. Once you submit the form, our team will handle the rest. We are well-versed in the EU laws thoroughly and will strive to obtain your rightful compensation. You are only charged if we win your case.

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