Flight cancellations or delays 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 says that airlines must issue compensation if your flight is cancelled or delayed due to 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 focus on the particulars of EU Regulation 261/2004. In the following sections, you will discover your rights to compensation and what benefits you can expect in case of a flight disruption.
Right to Compensation
The European Union regulation stipulates that if you are protected by the EU 261/2004, you are entitled to seek compensation if a wildcat or planned strike by airline workers disrupts your flight. It’s important to note, such situations do not qualify as “extraordinary circumstances” which are events outside the airline’s 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 14 days before your planned departure date.
Yet, as is frequently the case, there are exceptions you should be aware of. In particular, the airline is entitled to refuse compensation if they choose to offer you an alternative flight. Though this flight should 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 offered 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. 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 can significantly disrupt your plans. You are entitled to compensation if the flight delay resulting from an airline strike lasts at least three hours.
Regarding the potential compensation amount that passengers can expect, there are two key factors 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 cases when a passenger’s flight is either cancelled or delayed for 5 or more hours, the passenger is entitled to more significant rights. There are two options for you to choose from:
- You can refuse the delayed or cancelled 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 select the option that meets your needs.
Right to Care
Besides compensation for a cancelled or delayed flight due to an airline strike, passengers also have the right to care. Therefore, the airline is required to provide passengers with meals, beverages, and the opportunity to make two phone calls, fax messages, and emails. When your flight is rescheduled for the next day, the airline is obliged to provide you with a hotel, as well as transport between the airport and the hotel.
Upgrading and Downgrading
Sometimes it happens the airline can either downgrade or upgrade your flight’s class when providing an alternative flight. In these situations, you should 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 advantage.
In case of downgrading: if your class is downgraded, the airline must 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 cover all flights within the EU; additionally, these regulations 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 know that in cases where the airline cannot control or prevent the strike, there will be no compensation for passengers. Let’s take an example: any labor dispute may significantly affect aviation (such as a national labor or air traffic strike); however, such occasions are not under the airline’s control, and it’s not its fault that this situation happens. Therefore, an airline is not required to pay compensation for disrupted flights.
Although 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 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 prevent a strike. If the airline cannot prove it, they are obliged to provide passengers compensation for flight disruptions.
Which Flights are Covered by EU 261/2004?
European Union Regulation 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, SkyWest Airlines is not a European airline. Therefore, 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 SkyWest Airlines Strike Compensation
Dealing with flight cancellations or delays due to strikes is always frustrating. This can ruin not just 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 including your flight number, date, and the issue you encountered.
- Let our experts help you. Once you submit the form, our team will handle the rest. We know the EU laws thoroughly and will strive to secure your compensation. You are only charged if we win your case.