Flight delays or cancellations due to airline strikes can be annoying, but there is good news for passengers. There is a law called EU 261/2004 that protects you. It stipulates that airlines have to issue compensation if your flight is delayed or cancelled due to a strike. In this article, we will clarify what the EU 261 regulation is and how it can assist 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 discover your entitlement to compensation and what benefits 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 claim compensation if a wildcat or planned strike by airline workers affects your flight. It is worth noting, such situations do not qualify as “extraordinary circumstances” meaning circumstances the airline cannot 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 about the cancellation within two weeks before your scheduled travel date.

Yet, 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. However, 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 arrived at 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. See the table 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 are entitled to compensation if the flight delay resulting from an airline strike lasts at least three hours.

As for the possible compensation amount that passengers may receive, there are two key factors to consider: the duration of the delay and the flight distance. Check 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 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 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 disrupted flight resulting from an airline strike, passengers also have the right to care. Therefore, 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 required 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 downgrade or upgrade your flight’s class when providing an alternative flight. In such cases, you need to be aware of specific rules and your rights:

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

In case of downgrading: if your class is downgraded, the airline is obligated to reimburse you. Furthermore, the compensation here 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 rules apply to all flights inside the EU; additionally, 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 know that in cases when 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 occasions are not under an airline’s control, and it’s not its fault that this situation happens. Therefore, the airline is not obligated to pay compensation for disrupted flights.

Although 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 they have done everything possible to prevent a strike. If the airline cannot prove it, they are required to provide passengers compensation for flight disruptions.

Which Flights are Covered by EU 261/2004?

EU 261 applies to all flights departing from airports in the EU. This regulation also extends 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, Winair isn’t 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 Winair 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 claim compensation for this inconvenience, take the following actions:

Complete our 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 thoroughly and will strive to obtain your rightful compensation. You only incur a fee if we win your case.

Refunds and Compensation for Winair Strike