Flight cancellations or delays due to airline strikes can be annoying, but there is good news for passengers. There is a regulation called EU 261 that protects you. It stipulates that airlines have 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 assist you. Passenger Rights Under EU 261/2004 Now let’s explore the details of EU Regulation 261. 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 stipulates that if you are covered by EU 261, you have a right to seek compensation if a wildcat or planned strike by airline workers affects your flight. Notably, 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 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 key 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 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 caused by airline strikes of any duration can be frustrating and can significantly disrupt your plans. You may be eligible for compensation if the flight delay resulting from an airline strike lasts three or more hours. Regarding the potential 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. 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 delayed for 5 or more hours or cancelled, the passenger is entitled to more substantial 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 Besides compensation for a disrupted flight due to an airline strike, passengers also have 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. If your flight is rescheduled for the next day, the airline is obliged 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 might either upgrade or downgrade your flight’s class when providing 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 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; besides, these rules 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 understand that in situations where the airline can’t control 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 occasions are not under an airline’s control, and it’s not its fault that this situation occurs. Therefore, an airline is not required to pay compensation for disrupted flights. Even though 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 they have done everything possible to prevent 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 airports in the EU. It also applies 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, Thai Smile is not a European airline. Consequently, they aren’t required 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 Thai Smile Strike Compensation Dealing with flight cancellations or delays due to strikes is always frustrating. It can spoil your trip but also create problems – emotional, financial, etc. To get compensated for this inconvenience, proceed with these steps: Complete our form. You’ll need to provide details like your flight number, date, and the problem you faced. 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 do our best to get you your compensation. You are only charged if we win your case.