Refunds and Compensation for Tradewind Aviation Strike

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 stipulates that airlines must issue compensation if your flight is cancelled or delayed as a result of a strike. In this article, we will explain what the EU 261 regulation is and how it can help 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 eligibility for 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 covered by the EU 261/2004, you have a right to claim compensation if a wildcat or planned strike of the airline’s workers disrupts your flight. It’s important to note, that both cases do not qualify as “extraordinary circumstances” which are events outside the airline’s control.

Flight Cancellation Compensation

According to EU Regulation 261, you can receive 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.

Yet, as it often happens, there are exceptions you should be aware of. Specifically, 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 proposed by the airline but reached the 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 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 caused by airline strikes of any duration can be frustrating and can significantly disrupt your plans. You are entitled to compensation if the flight delay caused by an airline strike lasts three or more hours.

Regarding the possible compensation amount that passengers may receive, there are two key 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 cases when a passenger’s flight is delayed for 5 or more hours or cancelled, the passenger obtains more substantial rights. There are two options for you to choose 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

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 is required to provide passengers with meals, 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 transportation to and from the hotel.

Upgrading and Downgrading

Sometimes it happens the airline can either downgrade or upgrade your flight’s class when providing an alternative flight. In these situations, you need to 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 benefit.

In case of downgrading: if your class is downgraded, the airline must reimburse you. Again, the compensation in this case 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 regulations cover all flights inside 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 be aware 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 (such as 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 occurs. Therefore, 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 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 provide passengers compensation for flight disruptions.

Which Flights are Covered by EU 261/2004?

European Union Regulation 261 covers all flights departing from European Union airports. It also covers 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, Tradewind Aviation 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.

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

How to Get Tradewind Aviation Strike Compensation

Dealing with cancelled or delayed flights due to strikes is always frustrating. This can spoil your trip but also create problems – emotional, financial, etc. To seek compensation for this inconvenience, follow these steps:

1. Fill in our 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 understand the EU laws well and will do our best to secure your compensation. You are only charged if we win your case.

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