Refunds and Compensation for Kenmore Air Strike

Yurii Semikopenko
30.08.2024

Flight delays or cancellations due to airline strikes can be annoying, but there is good news for travelers. There is a regulation called EU 261 that protects you. It stipulates that airlines must issue compensation if your flight is cancelled or delayed due to a strike. In this article, we will explain what the EU 261 regulation is and how it can assist you.

Passenger Rights Under EU 261/2004

Now let’s explore the particulars of EU Regulation 261/2004. In the following sections, you will learn about your entitlement to 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 protected by the EU 261/2004, you are entitled to seek compensation if a wildcat or planned strike of the airline’s workers disrupts 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. Specifically, 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 arrived at the final destination later than you were supposed to, you are still eligible to claim compensation.

The key 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 can significantly disrupt your plans. You are entitled to compensation if the flight delay resulting from an airline strike lasts at least three hours.

Concerning the possible amount of compensation that passengers may receive, 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 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 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

Besides compensation for a disrupted flight due to an airline strike, passengers are also entitled to the right to care. Therefore, the airline is required to provide passengers with food, beverages, 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 transport from the airport to the hotel and back.

Upgrading and Downgrading

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

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 cover all flights inside 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 cannot influence or prevent the strike, there will be no compensation for passengers. Let’s take an example: any labor dispute can considerably affect aviation (such as a national labor or air traffic strike); however, such events are not under an 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.

Although many instances 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.

In line with 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, it is required to provide passengers compensation for flight disruptions.

Which Flights are Covered by EU 261/2004?

European Union Regulation 261 applies to 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, Kenmore Air is not a European airline. Consequently, 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 Kenmore Air Strike Compensation

Dealing with flight delays or cancellations 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. Fill in our form. You’ll need to provide details including your flight number, date, and the problem you faced.
  2. Let our experts help you. Once you submit the form, our team will handle the rest. We know the EU laws thoroughly and will make every effort to obtain your rightful compensation. You are only charged if we win your case.

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