Flight delays or cancellations due to airline strikes can be annoying, but there is good news for travelers. There is a law called EU 261 that protects you. It says that airlines must issue compensation if your flight is delayed or cancelled as a result of 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 261/2004. In the following sections, you will learn about your eligibility for compensation and what benefits 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 have a right to claim compensation if a wildcat or planned strike by airline workers affects your flight. It’s important to note, that both cases do not qualify as “extraordinary circumstances” meaning circumstances the airline cannot 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. However, as is frequently the case, there are exceptions you should be aware of. In particular, the airline has a right to refuse compensation if they choose to offer you an alternative flight. Though this flight must also meet certain 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 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 duration of the delay. See the table 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 itinerary. You may be eligible for compensation if the flight delay resulting from an airline strike lasts three or more hours. Concerning the possible amount of compensation that passengers may receive, there are two key 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 situations when a passenger’s flight is delayed for 5 or more hours or cancelled, the passenger is entitled to more significant rights. There are two options for you to choose from: You can refuse the delayed or cancelled 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 must provide passengers with food, drinks, and the opportunity to make two phone calls, fax messages, and emails. When 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 Sometimes it occurs the airline can 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 won’t have to pay extra for this benefit. 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 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 airlines based in the EU. When Are You Not Entitled to Compensation? Unfortunately, you should know that in situations when the airline cannot influence or prevent the strike, there will be no compensation for passengers. Let’s take an example: any labor dispute may significantly affect aviation (such as a national labor or air traffic strike); however, such occasions are not under an airline’s control, and it’s not its fault that this situation happens. Therefore, the airline is not obligated to pay compensation for disrupted flights. Although 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 pay 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 obliged to pay 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. 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, LATAM Airlines is not 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 261Flights departing from EU airports✔️ YesFlights arriving at EU airports❌ No How to Get LATAM Airlines Strike Compensation Dealing with flight cancellations or delays due to strikes is always frustrating. Such situations can ruin not just your trip but also create problems – emotional, financial, etc. To get compensated for this inconvenience, take the following actions: Fill in our form. You’ll need to provide details like your flight number, date, and the issue you encountered. 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 get you your compensation. You only pay us if we win your case.