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 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 clarify what the EU 261 regulation is and how it can assist you.
Passenger Rights Under EU 261/2004
Now let’s explore the specifics of EU Regulation 261. In the following sections, you will discover your rights to 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 protected by the EU 261/2004, you are entitled to claim compensation if a wildcat or planned strike of the airline’s workers disrupts your flight. It’s important to note, such situations do not qualify as “extraordinary circumstances” i.e., those beyond the airline’s 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 scheduled travel date.
However, as it often happens, there are exceptions you should be aware of. In particular, the airline is entitled to refuse compensation if they choose to offer you an alternative flight. Though this flight should 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 reached your final destination later than you were supposed to, 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 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 caused by airline strikes of any duration can be frustrating and can significantly disrupt your itinerary. You may be eligible for compensation if the flight delay caused by an airline strike lasts a minimum of three hours.
Concerning the possible amount of compensation that passengers can expect, there are two important things to consider: the duration of the delay and the flight distance. Check 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 situations when a passenger’s flight is delayed for 5 or more hours or cancelled, 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 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
Besides compensation for a cancelled or delayed flight due to an airline strike, passengers are also entitled to the right to care. So, the airline is required to provide passengers with food, 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 transport from the airport to the hotel and back.
Upgrading and Downgrading
In some instances, it occurs the airline can either downgrade or upgrade your flight’s class when providing 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 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 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 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 understand that in situations where the airline cannot influence or prevent the strike, there will be no compensation for passengers. Let’s take an example: any labor dispute could significantly 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 happens. Therefore, an 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 does not automatically mean that the airline will not pay 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, they are obliged to provide passengers compensation for flight disruptions.
Which Flights are Covered by EU 261/2004?
EU 261 covers all flights departing from European Union airports. It also covers 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, Midwest Airlines isn’t a European airline. Consequently, 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.
| Itinerary | Covered by EU 261 |
| Flights departing from EU airports | ✔️ Yes |
| Flights arriving at EU airports | ❌ No |
How to Get Midwest Airlines Strike Compensation
Dealing with cancelled or delayed flights due to strikes is always frustrating. It can spoil your trip but also create problems – emotional, financial, etc. To get compensated for this inconvenience, follow these steps:
- Complete this form. You’ll need to provide details including 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 know the EU laws well and will do our best to secure your compensation. You only pay us if we win your case.