Flight cancellations or delays due to airline strikes can be frustrating, but there is good news for passengers. There is a law called EU 261/2004 that protects you. It stipulates that airlines are required to issue compensation if your flight is cancelled or delayed due to a strike. In this article, we will clarify what the EU 261 regulation is and how it can help you.
Passenger Rights Under EU 261/2004
Now let’s explore the specifics of EU Regulation 261. In the following sections, you will learn about your rights to 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 covered 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’s important to note, that both cases do not qualify as “extraordinary circumstances” i.e., those beyond 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 of the flight cancellation within 14 days before your scheduled travel date.
However, as it often happens, there are exceptions you should be aware of. In particular, the airline is entitled to refuse compensation if they decide to offer you an alternative flight. Though this flight should 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 your final destination later than you were supposed to, 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 may seriously affect your itinerary. You may be eligible for compensation if the flight delay caused by an airline strike lasts three or more hours.
Regarding the potential compensation amount that passengers could be entitled to, there are two key factors to consider: the duration of the delay and the flight distance. See the table 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 delayed for 5 or more hours or cancelled, the passenger has 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
Besides compensation for a disrupted 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. If your flight is rescheduled for the next day, the airline is obliged to provide you with a hotel, as well as transport from the airport to the hotel and back.
Upgrading and Downgrading
In some instances, it happens the airline may either upgrade or downgrade your flight’s class when providing an alternative flight. In such cases, you need to 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 benefit.
In case of downgrading: if your class is downgraded, the airline must reimburse you. Again, the compensation in this case 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 rules apply to all flights inside the EU; besides, these regulations 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 be aware that in situations in which the airline can’t 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 events are not under the airline’s control, and it’s not its fault that this situation occurs. As a result, an airline is not obligated to pay compensation for disrupted flights.
Although many instances 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.
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, they are obliged to provide passengers compensation for flight disruptions.
Which Flights are Covered by EU 261/2004?
EU Regulation 261 applies to all flights departing from airports in the EU. 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, Tunisair isn’t a European airline. Consequently, they are not obliged 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 Tunisair Strike Compensation
Dealing with cancelled or delayed flights due to strikes is always frustrating. Such situations can spoil your trip but also create problems – emotional, financial, etc. To get compensated for this inconvenience, take the following actions:
- Fill in our form. You’ll need to provide details such as your flight number, date, and what went wrong.
- Let our experts help you. Once you submit the form, our team will handle the rest. We know the EU laws thoroughly and will make every effort to get you your compensation. You only incur a fee if we win your case.