Refunds and Compensation for SunExpress Strike

Yurii Semikopenko
30.08.2024

Flight cancellations or delays 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 stipulates that airlines have to issue compensation if your flight is delayed or cancelled as a result of 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 explore the particulars of EU Regulation 261/2004. In the following sections, you will discover your rights 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 the EU 261/2004, you are entitled to seek compensation if a wildcat or planned strike of the airline’s workers affects your flight. It is worth noting, that both cases 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 of the flight cancellation within 14 days before your planned departure date.

However, as is frequently the case, there are exceptions you should be aware of. Specifically, the airline is entitled to refuse compensation if they choose to offer you an alternative flight. Though this flight must 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 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 duration of the delay. 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 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.

Regarding the potential compensation amount that passengers can expect, there are two important things to consider: the duration of the delay and the flight distance. Check the table provided 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 situations when a passenger’s flight is either cancelled or delayed for 5 or more hours, the passenger obtains more substantial rights. There are two options for you to choose from:

  • You can refuse the cancelled or delayed 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

In addition to compensation for a cancelled or delayed flight resulting from 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. When your flight is rescheduled for the next day, the airline is required to provide you with a hotel, as well as transport to and from the hotel.

Upgrading and Downgrading

Occasionally it occurs the airline might either upgrade or downgrade your flight’s class when offering an alternative flight. In such cases, you should understand specific rules and your rights:

In case of upgrading: if your class has been upgraded, you won’t have to pay extra for this advantage.

In case of downgrading: if your class is downgraded, the airline is obligated to reimburse you. Again, the compensation here is determined by 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 inside the EU; additionally, 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 understand that in situations in which the airline cannot control or prevent the strike, there will be no compensation for passengers. Let’s take an example: any labor dispute may considerably affect aviation (it can be a national labor or air traffic strike); however, such situations are not under an airline’s control, and it’s not their fault that this situation occurs. As a result, an 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.

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?

European Union Regulation 261 applies to all flights departing from EU airports. 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, SunExpress isn’t a European airline. Consequently, they are not obliged 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.

ItineraryCovered by EU 261
Flights departing from EU airports✔️ Yes
Flights arriving at EU airports❌ No

How to Get SunExpress Strike Compensation

Dealing with delayed or cancelled flights due to strikes is always frustrating. Such situations can not only ruin your trip but also create problems – emotional, financial, etc. To get compensated for this inconvenience, proceed with these steps:

  1. Fill in this form. You’ll need to provide details such as your flight number, date, and the issue you encountered.
  2. Let our experts help you. Once you submit the form, our team will handle the rest. We are well-versed in the EU laws comprehensively and will strive to secure your compensation. You are only charged if we win your case.

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