Flight delays or cancellations 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 are required to issue compensation if your flight is cancelled or delayed because of 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 explore the details of EU Regulation 261/2004. In the following sections, you will discover your eligibility for compensation and what benefits you can expect in the event of a flight disruption.
Right to Compensation
The European Union regulation states that if you are covered by the EU 261/2004, you are entitled to claim compensation if a wildcat or planned strike of the airline’s workers disrupts 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
Under EU Regulation 261, you may be eligible for 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. Specifically, the airline has a right to refuse compensation if they decide to offer you an alternative flight. Though this flight should 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 provided by the airline but reached 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. 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 due to airline strikes of any duration can be frustrating and may seriously affect your plans. You are entitled to compensation if the flight delay resulting from an airline strike lasts a minimum of three 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 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 are also entitled to the right to care. Therefore, 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 is obliged 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 may either downgrade or upgrade your flight’s class when providing 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 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. 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 within 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 cases in which the airline can’t influence 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 events are not under an airline’s control, and it’s not their fault that this situation happens. As a result, the airline is not obligated to pay compensation for disrupted flights.
Even though many cases 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.
According to 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, they are obliged to provide passengers compensation for flight disruptions.
Which Flights are Covered by EU 261/2004?
EU 261 applies to all flights departing from airports in the EU. This regulation also extends 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, South African Airways isn’t a European airline. Consequently, 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 South African Airways 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 get compensated for this inconvenience, follow these steps:
- Complete our form. You’ll need to provide details including your flight number, date, and the problem you faced.
- Let our experts help you. Once you submit the form, our team will take over. We are well-versed in the EU laws comprehensively and will strive to secure your compensation. You only pay us if we win your case.