Flight delays or cancellations due to airline strikes can be frustrating, but there is good news for passengers. There is a regulation called EU 261 that protects you. It stipulates 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 EU261 is and how it can assist you.
Passenger Rights Under EU 261/2004
Now let’s explore the particulars of EU Regulation 261. In the following sections, you will learn about your entitlement to compensation and what advantages you can expect in the event of a flight disruption.
Right to Compensation
The European Union regulation states that if you are protected by EU 261, you have a right to seek compensation if a wildcat or planned strike by airline 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 of the flight cancellation within 14 days before your planned departure date.
However, as is frequently the case, there are exceptions you should be aware of. In particular, the airline is entitled to refuse compensation if they decide to offer you an alternative flight. However, this flight is required to 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 arrived at your final destination later than originally scheduled, you are still eligible to claim compensation.
The key factors that affect the amount of compensation are the flight distance and the duration of the delay. See 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 resulting from an airline strike lasts three or more hours.
As for the possible compensation amount that passengers can expect, 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 has more substantial rights. You have two options to select from:
- You can refuse the cancelled or delayed 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 choose the option that meets your needs.
Right to Care
Besides compensation for a delayed or cancelled flight resulting from an airline strike, passengers are also entitled to 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. If your flight is rescheduled for the next day, the airline is required 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 happens the airline might either downgrade or upgrade your flight’s class when offering an alternative flight. In these situations, you should know about 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. Again, 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 rules apply to 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 know that in cases in which the airline cannot influence 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 their fault that this situation happens. Therefore, an 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.
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 required to provide passengers compensation for flight disruptions.
Which Flights are Covered by EU 261/2004?
EU 261 applies to all flights departing from EU airports. It also applies 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, Omni Air International 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 Omni Air International Strike Compensation
Dealing with flight delays or cancellations due to strikes is always frustrating. It can not only ruin your trip but also create problems – emotional, financial, etc. To claim compensation for this inconvenience, take the following actions:
- Fill in this form. You’ll need to provide details like your flight number, date, and what went wrong.
- Let our experts help you. Once you submit the form, our team will take over. We know the EU laws thoroughly and will strive to get you your compensation. You only incur a fee if we win your case.