Refunds and Compensation for Peach Aviation 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 says that airlines are required to issue compensation if your flight is delayed or cancelled due to 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 focus on the details of EU Regulation 261/2004. In the following sections, you will discover your eligibility for 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 protected by EU 261, you are entitled to seek compensation if a wildcat or planned strike by airline workers affects your flight. It is worth noting, 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 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 it often happens, 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. Though this flight must also 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 provided by the airline but reached your 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. See 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 may seriously affect your itinerary. You are entitled to compensation if the flight delay caused by an airline strike lasts at least three hours.

Concerning the potential amount of compensation that passengers could be entitled to, there are two crucial 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 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

In addition to compensation for a delayed or cancelled flight resulting from an airline strike, passengers also have the right to care. Therefore, 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 has to provide you with a hotel, as well as transport to and from the hotel.

Upgrading and Downgrading

Sometimes 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 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 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 situations in which the airline can’t control or prevent the strike, there will be no compensation for passengers. Let’s take an example: any labor dispute can considerably 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 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 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, 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 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, Peach Aviation is not 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 Peach Aviation Strike Compensation

Dealing with flight cancellations or delays due to strikes is always frustrating. It can spoil your trip but also create problems – emotional, financial, etc. To claim compensation for this inconvenience, follow these steps:

1. Fill in this form. You’ll need to provide details like your flight number, date, and the issue you encountered.
2. 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 obtain your rightful compensation. You only pay us if we win your case.

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