Flight delays or cancellations due to airline strikes can be annoying, but there is good news for passengers. There is a regulation called EU 261/2004 that protects you. It stipulates that airlines are required to issue compensation if your flight is delayed or cancelled because of a strike. In this article, we will explain what the EU 261 regulation is and how it can help you.
Passenger Rights Under EU 261/2004
Now let’s explore the details of EU Regulation 261/2004. 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 stipulates that if you are covered by EU 261, you have a right 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
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 about the cancellation within 14 days before your scheduled travel date.
However, as is frequently the case, there are exceptions you should be aware of. Specifically, the airline has a right 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 reached the final destination later than you were supposed to, 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 may be eligible for compensation if the flight delay caused by an airline strike lasts a minimum of three hours.
Regarding the potential amount of compensation 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 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 has more significant rights. You have two options to select from:
- You can refuse the delayed or cancelled 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 also have the right to care. Therefore, the airline must provide passengers with meals, 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 transportation between the airport and the hotel.
Upgrading and Downgrading
In some instances, it happens the airline may either upgrade or downgrade 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 aren’t required to pay extra for this benefit.
In case of downgrading: if your class is downgraded, the airline is obligated to reimburse you. Furthermore, the compensation in this case is based 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 regulations apply to all flights within the EU; besides, these rules apply to flights that are either departing from or arriving in the European Union on EU-based airlines.
When Are You Not Entitled to Compensation?
Unfortunately, you should be aware that in situations 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 could considerably affect aviation (it can be a national labor or air traffic strike); however, such events are not under the airline’s control, and it’s not its fault that this situation occurs. As a result, the airline is not obligated 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 they have done everything possible to prevent a strike. If the airline cannot prove it, they are obliged 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 is based in the EU. This includes airlines from EU countries as well as Iceland, Norway, and Switzerland.
However, Nok Air isn’t a European airline. Therefore, they aren’t required 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 Nok Air Strike Compensation
Dealing with flight cancellations or delays due to strikes is always frustrating. This can spoil your trip but also create problems – emotional, financial, etc. To seek compensation for this inconvenience, take the following actions:
- Fill in our 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 manage the process. We know the EU laws comprehensively and will strive to secure your compensation. You are only charged if we win your case.