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 stipulates that airlines are required to issue compensation if your flight is delayed or cancelled because of a strike. In this article, we will explain what EU261 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 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 are entitled to seek compensation if a wildcat or planned strike of the airline’s workers affects your flight. It’s important to note, that both cases do not qualify as “extraordinary circumstances” i.e., those beyond the airline’s control. Flight Cancellation Compensation According to 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 scheduled travel date. Yet, as it often happens, there are exceptions you should be aware of. In particular, the airline has a right to refuse compensation if they decide to offer you an alternative flight. Though 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 proposed by the airline but arrived at the final destination later than originally scheduled, you are still eligible to claim compensation. The main factors that affect the amount of compensation are the flight distance and the delay time. See the table below for compensation amounts: Under 2 hours2-3 hours3-4 hoursOver 4 hoursNever arrivedDistance€125€250€250€250€250All flights 1,500 km or less€200€200€400€400€400Internal EU flights over 1,500 km€200€200€400€400€400Non-internal EU flights 1,500 km- 3,500 km€300€300€300€600€600Non-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 at least three hours. Concerning the possible compensation amount 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 hoursBetween 3-4 hoursOver 4 hoursDistance€0€250€250All flights up to 1500 km€0€400€400All flights between 1500 km and 3500 km€0€400€400All intra-EU flights over 3500 km€0€300€600All 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 In addition to compensation for a delayed or cancelled flight due to an airline strike, passengers are also entitled to the right to care. Therefore, the airline must provide passengers with food, drinks, 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 transportation to and from the hotel. Upgrading and Downgrading In some instances, it happens the airline can either downgrade or upgrade your flight’s class when offering an alternative flight. In these situations, you need to know about specific rules and your rights: In case of upgrading: if your class has been upgraded, you don’t need to pay extra for this benefit. In case of downgrading: if your class is downgraded, the airline must 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 regulations apply to all flights inside 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 be aware 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 considerably 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 occurs. As a result, 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 does not automatically mean that the airline will not pay compensation. In line with the ECJ ruling of 11 June 2020 (Case C-74/19), the airline must prove it has done everything possible to avoid a strike. If the airline cannot prove it, it is obliged to provide passengers compensation for flight disruptions. Which Flights are Covered by EU 261/2004? EU Regulation 261 applies to all flights departing from airports in the EU. 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, Spirit Airlines is not 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. ItineraryCovered by EU 261Flights departing from EU airports✔️ YesFlights arriving at EU airports❌ No How to Get Spirit Airlines Strike Compensation Dealing with cancelled or delayed flights due to strikes is always frustrating. This can not only ruin your trip but also create problems – emotional, financial, etc. To claim compensation for this inconvenience, take the following actions: Complete this form. You’ll need to provide details including your flight number, date, and what went wrong. Let our experts help you. Once you submit the form, our team will handle the rest. We know the EU laws comprehensively and will strive to get you your compensation. You are only charged if we win your case.