A Guide to Claiming Flight Compensation in Case of a Strike
Check to Receive Flight Compensation If You Got a Strike in the Airport
Nowadays, strikes are happening much more frequently than we would expect. As the number of air passengers is increasing day-by-day, and airports and airlines get overused, thus, employees’ demands are growing, and strikes are the consequence of it.
It is not a secret that labor strikes can cause a lot of stress and chaos, no matter who triggered it - the airlines or the personnel of an airport. EU 261 is the regulation that establishes common rules on assistance and compensation for air passengers who faced flight disruptions, such as delays, cancellations, or boarding denials.
It also states that a strike is an extraordinary circumstance, which means that in the event of a strike, the airline is freed from the obligation to pay compensation to its passengers.
To ease your navigation in these legal waters, we have provided below a guideline to what you should do when the airline or the airport staff go on strike, and what are your rights in this matter.
Can You Get Compensation for Any Flight Disruption Caused by Strikes?
As mentioned before, the regulation EC 261/2004 affirms that disrupted flights caused by strikes are not refundable. But is there any chance to get compensation at all? The answer is Yes. There are some exceptions that may hold airlines responsible for flight inconveniences due to strikes. But these exceptions should not fall under some conditions that can restrict the compensation claim.
The EU Regulation applies only to the planes that take off from an EU airport, or to the ones which are controlled by EU airlines, and are landing in the EU. It is also a necessity to respect the time limit of the claim. You can claim your compensation for flights that took place at most three years ago.
The main condition to be entitled to compensation for your disrupted flight is that it should not fall under the immediate strike period. For example: if you are denied boarding, but all the flights are landing and taking off as scheduled again, you may be eligible for compensation. If your flight was canceled prior to the strike’s first official day, the airlines are obligated to pay your flight cancellation compensation.
It is also important to show up at the airport, even if the strike occurred. In case you get informed by your air carrier that the strike will last a short period of time, you need to check in on time, anyway. After that, the airline should offer you an alternative flight. If you need to wait for a longer period of time, you still need to remain at the gate.
In case the strike lasts for several days, you do not need to show up at the airport, but you may ask your air carrier when your alternative plane will be taking off. If you've booked a package tour in the period when the strike has occurred, you may call your tour operator to see if your flight will be postponed or canceled.
Which Is the Amount of Flight Compensation That You Can Claim?
In the beginning, we need to mention that you are eligible for compensation if you respect the conditions stated above. The amount of allocated compensation depends on the kind of flight you took, or you planned to take. Check below which one works for you and see the amount of money you may get:
| Delay, Cancellation or Boarding denial | For all flights < 1,500 km | |
| Delay, Cancellation or Boarding denial | EU flights over 1,500 km | |
| Delay, Cancellation or Boarding denial | Non-EU flights between 1,500 and 3,500 km | |
| Delay, Cancellation or Boarding denial | Non-EU flights > 3,500 km |
There are also some amenities and services that you can benefit from, in case of a delay caused by the strike action. These depend on your flight’s length too:
| Corresponding drinks and food; Two emails/ phone calls/ or faxes. |
For all flights < 1,500 km | |
| Corresponding drinks and food; Two emails/ phone calls/ or faxes. |
EU flights over 1,500 km | |
| Corresponding drinks and food; Two emails/ phone calls/ or faxes. |
Non-EU flights between 1,500 and 3,500 km | |
| Corresponding drinks and food; Two emails/ phone calls/ or faxes. |
Non-EU flights > 3,500 km |
In case the strike causes a flight delay of more than 5 hours, you can drop out by yourself from your flight. In a situation like this, you can be entitled to a refund if you do not take any given alternative flights.
If your flight is postponed until the following day, due to strike actions, your air carrier is obligated to offer you accommodations, such as a hotel room for a night and transport from and to it.
Is There Any Alternative Solution in Case of a Strike Action?
If your flight is canceled due to strike action, the airline needs to inform you about that, as quickly as possible, and to offer you alternative transportation. You can also change your booking free of charge or cancel it completely.
Another solution is to change your flight ticket to a train or a bus one. You should consider it, as it may be worthwhile taking another type of transport to your destination. You should check yourself with your airline, whether it is advantageous or possible to do that.
In case you buy yourself a bus or train ticket, you should pay attention to the fact that it can be more expensive, and you might pay the difference. Please note that this is a matter of negotiation, and it depends on the air carrier whether it agrees or not to reimburse you for the cost of another transport ticket. If it agrees to do that, let the airline confirm it by writing the promise down.
So there you have it, a guide to claiming your EU flight cancellation or EU flight delay compensation due to a strike. Check yourself if you have had delays, cancellations or you had been denied boarding at least in the past three years and see if you can get flight compensation for those disruptions.
Last Updated on October 7, 2019.