Flight cancellations or delays due to airline strikes can be annoying, but there is good news for passengers. There is a law called EU 261 that protects you. It says that airlines have to issue compensation if your flight is cancelled or delayed due to a strike. In this article, we will clarify what EU261 is and how it can assist you.
Passenger Rights Under EU 261/2004
Now let’s focus on the specifics of EU Regulation 261. In the following sections, you will learn about your entitlement to 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 claim 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” i.e., those beyond the airline’s control.
Flight Cancellation Compensation
Under EU Regulation 261, you are entitled to 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 scheduled travel 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 is required to 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 offered by the airline but reached 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 |
Flight Delay Compensation
Delays due to airline strikes of any duration can be frustrating and may seriously affect your itinerary. You may be eligible for compensation if the flight delay caused by an airline strike lasts a minimum of three hours.
As for the potential amount of compensation that passengers can expect, there are two key 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 obtains more significant 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 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 also have the right to care. Therefore, the airline must provide passengers with meals, 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 required to provide you with a hotel, as well as transport between the airport and the hotel.
Upgrading and Downgrading
In some instances, it occurs the airline can either downgrade or upgrade your flight’s class when providing an alternative flight. In such cases, 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 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 rules apply to all flights within the EU; besides, 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 understand 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 can significantly 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. As a result, an airline is not obligated to pay compensation for disrupted flights.
Although 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 pay 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 avoid 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 is based in the EU. This includes airlines from EU countries as well as Iceland, Norway, and Switzerland.
However, SriLankan Airlines isn’t 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 SriLankan Airlines Strike Compensation
Dealing with flight delays or cancellations 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 our form. You’ll need to provide details like your flight number, date, and the issue you encountered.
- Let our experts help you. Once you submit the form, our team will take over. We understand the EU laws well and will make every effort to get you your compensation. You only incur a fee if we win your case.