Flight cancellations or delays due to airline strikes can be frustrating, 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 because of a strike. In this article, we will clarify what EU261 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 advantages you can expect in case of a flight disruption.
Right to Compensation
The European Union regulation states that if you are covered by EU 261, you have a right to claim compensation if a wildcat or planned strike by airline workers disrupts your flight. It is worth noting, that both cases do not qualify as “extraordinary circumstances” meaning circumstances the airline cannot control.
Overland Airways Flight Cancellation Compensation
In line with EU Regulation 261, you are entitled to compensation of up to €600 if your flight is cancelled and the airline does not notify you of the flight cancellation within two weeks before your scheduled travel date.
Yet, 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 must 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 proposed by the airline but arrived at 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 |
Overland Airways Flight Delay Compensation
Delays caused by airline strikes of any duration can be frustrating and may seriously affect your plans. You may be eligible for compensation if the flight delay caused by an airline strike lasts three or more hours.
As for the possible amount of compensation that passengers may receive, there are two crucial factors to consider: the duration of the delay and the flight distance. See 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 cases when a passenger’s flight is either cancelled or delayed for 5 or more hours, 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 flight 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 food, beverages, 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 transport from the airport to the hotel and back.
Upgrading and Downgrading
In some instances, it happens 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 benefit.
In case of downgrading: if your class is downgraded, the airline is obligated to reimburse you. Furthermore, 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 rules cover all flights inside the EU; additionally, these rules apply to 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 situations 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 could significantly 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 happens. As a result, the 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 doesn’t 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 prevent a strike. If the airline cannot prove it, they are 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. 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, Overland Airways isn’t a European airline. Therefore, they are not obliged 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 Overland Airways Strike Compensation
Dealing with flight delays or cancellations due to strikes is always frustrating. It can spoil your trip but also create problems – emotional, financial, etc. To seek compensation for this inconvenience, proceed with these steps:
- Complete our form. You’ll need to provide flight details such as 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 know the EU laws well and will strive to obtain your rightful compensation. You only incur a fee if we win your case.
Recent Flight Delays and Cancellations
Was your flight delayed or cancelled due to the strike? Check our table for the latest flight delays and cancellations. Assess your right to compensation using our claim checker, and let us protect your rights and pursue compensation for you.
Did not find your flight in our table? Try our compensation form, and we will check it for you.
| Date | Flight number | Route | Status | Compensation |
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