Flight cancellations or delays due to airline strikes can be annoying, but there is good news for passengers. There is a law called EU 261/2004 that protects you. It stipulates that airlines must issue compensation if your flight is cancelled or delayed 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 particulars of EU Regulation 261/2004. In the following sections, you will learn about your entitlement to 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 covered 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, such situations do not qualify as “extraordinary circumstances” which are events outside 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 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. However, 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 provided 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 delay time. Check the table provided 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 itinerary. You may be eligible for compensation if the flight delay resulting from an airline strike lasts three or more hours.
Regarding the possible compensation amount that passengers could be entitled to, there are two key factors to consider: the duration of the delay and the flight distance. Check the table provided 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 is entitled to 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 choose the option that meets your needs.
Right to Care
Besides compensation for a cancelled or delayed flight resulting from an airline strike, passengers also have the right to care. So, 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 is obliged to provide you with a hotel, as well as transportation from the airport to the hotel and back.
Upgrading and Downgrading
In some instances, it occurs the airline can either upgrade or downgrade 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 won’t have to pay extra for this advantage.
In case of downgrading: if your class is downgraded, the airline is obligated to 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 apply to all flights inside the EU; besides, these rules 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 in which the airline cannot control or prevent the strike, there will be no compensation for passengers. Let’s take an example: any labor dispute can significantly affect aviation (it can be a national labor or air traffic strike); however, such occasions are not under the 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.
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 pay passengers compensation for flight disruptions.
Which Flights are Covered by EU 261/2004?
EU 261 covers all flights departing from EU 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, NetJets isn’t a European airline. Therefore, they are not obliged 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 NetJets Strike Compensation
Dealing with delayed or cancelled flights due to strikes is always frustrating. Such situations can spoil your trip but also create problems – emotional, financial, etc. To get compensated for this inconvenience, proceed with these steps:
- Fill in this form. You’ll need to provide details like your flight number, date, and the problem you faced.
- Let our experts help you. Once you submit the form, our team will handle the rest. We understand the EU laws comprehensively and will do our best to get you your compensation. You are only charged if we win your case.