Flight cancellations or delays due to airline strikes can be annoying, but there is good news for travelers. There is a law called EU 261/2004 that protects you. It stipulates that airlines have to issue compensation if your flight is delayed or cancelled because of a strike. In this article, we will explain what EU261 is and how it can help you.
Passenger Rights Under EU 261/2004
Now let’s explore the specifics of EU Regulation 261/2004. In the following sections, you will discover 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 protected by the EU 261/2004, you have a right to claim compensation if a wildcat or planned strike by airline workers affects your flight. Notably, such situations do not qualify as “extraordinary circumstances” meaning circumstances the airline cannot control.
Flight Cancellation Compensation
Under 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 planned departure date.
Yet, as is frequently the case, there are exceptions you should be aware of. Specifically, the airline has a right to refuse compensation if they choose to offer you an alternative flight. However, 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 originally scheduled, you are still eligible to claim compensation.
The main factors that affect the amount of compensation are the flight distance and the delay time. Check the table below for compensation amounts:
| Under 2 hours | 2-3 hours | 3-4 hours | Over 4 hours | Never arrived | Distance |
| €125 | €250 | €250 | €250 | €250 | All flights 1,500 km or less |
| €200 | €200 | €400 | €400 | €400 | Internal EU flights over 1,500 km |
| €200 | €200 | €400 | €400 | €400 | Non-internal EU flights 1,500 km- 3,500 km |
| €300 | €300 | €300 | €600 | €600 | Non-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 caused by an airline strike lasts at least three hours.
As for the potential compensation amount that passengers can expect, there are two important things to consider: the duration of the delay and the flight distance. See the table below for compensation amounts:
| Less than 3 hours | Between 3-4 hours | Over 4 hours | Distance |
| €0 | €250 | €250 | All flights up to 1500 km |
| €0 | €400 | €400 | All flights between 1500 km and 3500 km |
| €0 | €400 | €400 | All intra-EU flights over 3500 km |
| €0 | €300 | €600 | All non-EU flights over 3500 km |
Ticket Refund or Alternative Transportation
In the rare cases when a passenger’s flight is delayed for 5 or more hours or cancelled, the passenger obtains more substantial rights. You have two options to select 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 resulting from an airline strike, passengers also have the right to care. So, the airline is required to provide passengers with meals, 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 transportation between the airport and the hotel.
Upgrading and Downgrading
In some instances, it occurs the airline may either upgrade or downgrade your flight’s class when offering an alternative flight. In such cases, you need to know about 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. Furthermore, the compensation here 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 regulations cover all flights inside the EU; besides, 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 be aware that in cases 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 may significantly affect aviation (such as a national labor or air traffic strike); however, such situations are not under the airline’s control, and it’s not its fault that this situation happens. Therefore, the 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 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 required 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 applies 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, Mesa Airlines is not a European airline. Therefore, they aren’t required 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.
| Itinerary | Covered by EU 261 |
| Flights departing from EU airports | ✔️ Yes |
| Flights arriving at EU airports | ❌ No |
How to Get Mesa Airlines Strike Compensation
Dealing with flight delays or cancellations due to strikes is always frustrating. It can spoil your trip but also create problems – emotional, financial, etc. To claim compensation for this inconvenience, proceed with these steps:
- Complete 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 manage the process. We understand the EU laws thoroughly and will do our best to get you your compensation. You are only charged if we win your case.