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Can I Claim Compensation For A Flight Delay Or Cancellation Due To Strike?

Can I claim compensation for a flight delay or cancellation due to strike?

Work strikes and labour conflicts affect air traveler rights each year and strikes are one of the leading causes of flight delays and cancellations whether this be the personnel of an airport or an airline. Unfortunately, as strikes are considered by EU regulation to be outside of the airlines’ control, air travelers are unable to make compensatory claims in these cases. As an airline passenger your rights are established under EU Regulation 261/2004. If your flight is cancelled or delayed because of a strike, the air carrier you booked has to offer you care and assistance. Assistance may include food and drink and overnight accommodation, if required. The airline is expected to organize those activities as soon as they can.

Is it possible to get compensation for flight disruption caused by strikes?

As it is set out by EU Regulation 261/2004, air travelers can receive between €250 and €600 in cases of flight delays, cancellations or overbookings. However, this rule doesn`t apply for the flight disruptions caused by ‘extraordinary circumstances’. In that cases airlines are not obliged to pay out compensation to passengers. Work union authorized Strikes whether they be carried out by the airport staff or the airline staff, fall under this category therefore did not entitle flight passengers to financial compensation. The EU Regulation 261/2004 stating air passenger rights changes constantly. Last year, Court of Justice of the European Union completed a comprehensive compensation case against TUI. TUI airline cancelled flights from Germany due to wildcat strike. In their decision Court of Justice came to conclusion that  the TUI action, not compensate the passengers for the flight disruption was against the EU Regulation 261/2004 and the passengers were entitled to compensation.  This decision by Court of Justice came in favor for air travelers, meaning that only strikes authorized by the work unions are considered as extraordinary circumstances according to EU Regulation 261/2004.

Can I get a refund if my flight is cancelled due to strike?

If you experience a significant delay due to strike, the airline is required to make your wait a reasonably comfortable one.

You will be entitled to a phone call, refreshments, a meal and accommodation (and transport to the accommodation) if your flight:

  • is delayed by 2 hours or more and less than 1,500km

  • is delayed by 3 hours or more and within the EU, or between 1,500km and 3,500km to a destination outside the EU

  • is delayed for 4 hours or more and over 3,500km to a destination outside of the EU

Your airline should provide these for you, but if not you should keep any receipts and contact their customer services to make a claim.

If your flight is delayed by more than 5 hours you are also entitled to:

  • a full refund, paid within 7 days.

  • an alternative flight to your destination from a nearby airport; the airline will be responsible for additional travel costs.

  • an alternative flight on a later date outside the strike period; this tends to be limited to flights departing within the following 12 months.

Your flight is canceled due to strike, tips what to do?

  • Hold on your boarding pass and other travel documents

  • Request information why the flight is canceled

  • Ask the airline to cover your meals and refreshments, in case of overstaying at night, request a hotel or transfer to the hotel

  • Don`t sign any documents or take any offers which could waive your rights for compensation

  • Keep your receipts if you have spend your own money during the period of delayed flight

If your flight has been delayed or cancelled and you are not sure if you are eligible for compensation you can check it for free with us.

Since we work according to a “No Win- No Fee” policy, we would only receive our fee if we successfully claim your compensation on your behalf. We will not let the airline refuse your compensation without the necessary proof. Best of all, our 25% rate covers absolutely all possible expenses – claim your compensation and exercise your rights!

To check to see if you have a right to claim flight delay compensation of up to €600 per person!

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