Flight delays or cancellations due to airline strikes can be frustrating, but there is good news for travelers. There is a regulation called EU 261/2004 that protects you. It says that airlines must issue compensation if your flight is delayed or cancelled as a result of 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 explore the particulars of EU Regulation 261. In the following sections, you will discover your eligibility for compensation and what benefits you can expect in case of a flight disruption.
Right to Compensation
The European Union regulation states that if you are protected by the EU 261/2004, you have a right 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
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 of the flight 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 decide 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 reached 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 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 itinerary. You may be eligible for compensation if the flight delay resulting from an airline strike lasts three or more hours.
Concerning the potential amount of compensation that passengers may receive, there are two important things to consider: the duration of the delay and the flight distance. See 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 cases when a passenger’s flight is either cancelled or delayed for 5 or more hours, 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 disrupted flight due to an airline strike, passengers are also entitled to the right to care. So, the airline is required to 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 from the airport to the hotel and back.
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 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 benefit.
In case of downgrading: if your class is downgraded, the airline is obligated to reimburse you. Furthermore, the compensation here 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 cover all flights within the EU; additionally, these regulations cover flights that are either departing from or arriving in the European Union on EU-based airlines.
When Are You Not Entitled to Compensation?
Unfortunately, you should know that in cases where the airline can’t influence or prevent the strike, there will be no compensation for passengers. Let’s take an example: any labor dispute could 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 happens. Therefore, the 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 doesn’t 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 it has done everything possible to avoid a strike. If the airline cannot prove it, it is required to provide passengers compensation for flight disruptions.
Which Flights are Covered by EU 261/2004?
EU 261 covers all flights departing from airports in the EU. 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, Sun Country Airlines is not a European airline. Therefore, 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 Sun Country Airlines Strike Compensation
Dealing with cancelled or delayed flights due to strikes is always frustrating. It can not only ruin your trip but also create problems – emotional, financial, etc. To claim compensation for this inconvenience, follow these steps:
- Fill in our form. You’ll need to provide details such as 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 understand the EU laws thoroughly and will strive to obtain your rightful compensation. You are only charged if we win your case.