Flight delays or cancellations due to airline strikes can be annoying, but there is good news for travelers. There is a regulation called EU 261/2004 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 clarify what EU261 is and how it can help you.
Passenger Rights Under EU 261/2004
Now let’s focus on the specifics of EU Regulation 261/2004. In the following sections, you will learn about 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 claim compensation if a wildcat or planned strike by airline workers disrupts your flight. It’s important to note, that both cases do not qualify as “extraordinary circumstances” meaning circumstances the airline cannot control.
Flight Cancellation Compensation
In line with 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 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. However, 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 proposed by the airline but reached your final destination later than originally scheduled, you are still eligible to claim compensation.
The key factors that affect the amount of compensation are the flight distance and the delay time. Check 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 can significantly disrupt your plans. You may be eligible for compensation if the flight delay caused by an airline strike lasts at least three hours.
Regarding the possible amount of compensation that passengers could be entitled to, there are two crucial factors 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 situations when a passenger’s flight is either cancelled or delayed for 5 or more hours, the passenger has more significant rights. There are two options for you to choose from:
- You can refuse the cancelled or delayed 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 disrupted flight resulting from an airline strike, passengers are also entitled to the right to care. So, the airline must provide passengers with food, drinks, and the opportunity to make two phone calls, fax messages, and emails. When 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 occurs the airline can either upgrade or downgrade your flight’s class when offering an alternative flight. In such cases, you should be aware of specific rules and your rights:
In case of upgrading: if your class has been upgraded, you don’t need 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 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 regulations apply to all flights inside the EU; additionally, 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 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 could significantly affect aviation (such as a national labor or air traffic strike); however, such occasions are not under the airline’s control, and it’s not its fault that this situation occurs. Therefore, the airline is not required to pay compensation for disrupted flights.
Although 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 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 prevent a strike. If the airline cannot prove it, they are obliged to pay passengers compensation for flight disruptions.
Which Flights are Covered by EU 261/2004?
EU 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, Thai AirAsia 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.
| Itinerary | Covered by EU 261 |
| Flights departing from EU airports | ✔️ Yes |
| Flights arriving at EU airports | ❌ No |
How to Get Thai AirAsia 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 seek compensation for this inconvenience, take the following actions:
- Fill in this form. You’ll need to provide details like your flight number, date, and what went wrong.
- 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 do our best to get you your compensation. You only incur a fee if we win your case.