Refunds and Compensation for Nouvelair Strike

Flight delays or cancellations due to airline strikes can be frustrating, but there is good news for travelers. There is a regulation called EU 261 that protects you. It stipulates that airlines are required to issue compensation if your flight is cancelled or delayed because 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 particulars of EU Regulation 261/2004. In the following sections, you will learn about your eligibility for compensation and what advantages you can expect in the event of a flight disruption.

Right to Compensation

The European Union regulation stipulates that if you are covered by the EU 261/2004, you have a right to claim compensation if a wildcat or planned strike of the airline’s 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

Under EU Regulation 261, you can receive 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. Specifically, the airline has a right to refuse compensation if they decide 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 offered by the airline but arrived at 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 duration of the delay. 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 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 three or more hours.

Regarding 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. 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 situations when a passenger’s flight is delayed for 5 or more hours or cancelled, the passenger has more substantial 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 select the option that meets your needs.

Right to Care

Besides 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 food, drinks, and the opportunity to make two phone calls, fax messages, and emails. If your flight is rescheduled for the next day, the airline has to provide you with a hotel, as well as transportation to and from the hotel.

Upgrading and Downgrading

Sometimes it happens the airline may either downgrade or upgrade your flight’s class when offering an alternative flight. In these situations, 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 benefit.

In case of downgrading: if your class is downgraded, the airline is obligated to reimburse you. Furthermore, the compensation here 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 inside the EU; additionally, 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 be aware that in cases when the airline cannot control or prevent the strike, there will be no compensation for passengers. Let’s take an example: any labor dispute may considerably affect aviation (such as 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 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.

In line with the ECJ ruling of 11 June 2020 (Case C-74/19), the airline must prove they have done everything possible to avoid 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 covers all flights departing from European Union 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, Nouvelair isn’t a European airline. Consequently, they don’t have 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 Nouvelair Strike Compensation

Dealing with delayed or cancelled flights due to strikes is always frustrating. Such situations can ruin not just your trip but also create problems – emotional, financial, etc. To seek compensation for this inconvenience, proceed with these steps:

1. Complete our form. You’ll need to provide details like your flight number, date, and the problem you faced.
2. Let our experts help you. Once you submit the form, our team will handle the rest. We know the EU laws well and will strive to get you your compensation. You only incur a fee if we win your case.

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