Refunds and Compensation for JetBlue Strike

Yurii Semikopenko
30.08.2024

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 says that airlines have to issue compensation if your flight is cancelled or delayed as a result 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 explore the specifics of EU Regulation 261. In the following sections, you will learn about your eligibility for compensation and what advantages you can expect in the event of a flight disruption.

Right to Compensation

The European Union regulation states 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 affects your flight. It is worth noting, such situations do not qualify as “extraordinary circumstances” i.e., those beyond the airline’s control.

Flight Cancellation Compensation

Under EU Regulation 261, you can receive 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 it often happens, there are exceptions you should be aware of. Specifically, 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 proposed by the airline but reached the final destination later than originally scheduled, 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. Check 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 may seriously affect your plans. You may be eligible for compensation if the flight delay resulting from an airline strike lasts a minimum of three hours.

Regarding the potential amount of compensation that passengers could be entitled to, there are two important things 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 situations when a passenger’s flight is either cancelled or delayed for 5 or more hours, the passenger is entitled to more substantial rights. You have two options to select from:

  • You can refuse the delayed or cancelled 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 select the option that meets your needs.

Right to Care

In addition to compensation for a disrupted flight resulting from an airline strike, passengers also have the right to care. Therefore, the airline is required to provide passengers with meals, 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 from the airport to the hotel and back.

Upgrading and Downgrading

Sometimes it occurs the airline might either downgrade or upgrade your flight’s class when providing an alternative flight. In such cases, you should 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 advantage.

In case of downgrading: if your class is downgraded, the airline must reimburse you. Furthermore, the compensation in this case is determined by 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 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 cases 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. Therefore, the airline is not obligated 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 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 avoid 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 Regulation 261 covers all flights departing from European Union airports. 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, JetBlue isn’t a European airline. Therefore, they don’t have 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.

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

How to Get JetBlue 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 get compensated for this inconvenience, follow these steps:

  1. Complete this form. You’ll need to provide details like your flight number, date, and what went wrong.
  2. Let our experts help you. Once you submit the form, our team will take over. We understand the EU laws well and will strive to secure your compensation. You are only charged if we win your case.

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