Knowing your rights in case of an airline strike helps you have a better travel experience!
Airline strikes can occur for a variety of reasons, including union disputes, economic demands, or working conditions of the airline staff. Depending on the extent of the strike and its impact on flights, you may face unexpected cancellations or significant delays. Fortunately, European legislation, specifically regulation EC 261/2004, provides substantial protection for air passengers in such circumstances.
If your flight has been affected by an airline staff strike, you may be entitled to financial compensation, as well as immediate assistance and alternative travel options to reach your destination. It's important to note that the situation changes when the strike involves personnel external to the airline, such as air traffic controllers, where airlines may invoke "extraordinary circumstances" to exclude compensation.
Here are the main rights of passengers in case of a flight cancellation or delay due to an airline strike:
Flight cancelled
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The Right to Information
The airline must inform you about the cancellation and your rights.
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Refund or rerouting
Option for a full ticket refund (for the part or parts of the journey not completed) or rerouting to the final destination as soon as possible or on a later date at your convenience, subject to seat availability.
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Right to Assistance
Right to adequate meals and drinks based on the waiting time, two phone calls, fax messages, or emails. If an overnight stay of one or more nights is necessary, or if an additional stay is required beyond what was originally planned, you are also entitled to hotel accommodation and transportation between the airport and the place of lodging.
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Financial compensation
In certain circumstances, you may be entitled to financial compensation unless you were notified of the cancellation with adequate notice or the proposed rerouting allows you to depart and arrive at your destination within specific times.
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Special assistance
For passengers with reduced mobility and their companions, specific assistance is provided.
Flight is delayed
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Right to Information
The airline must inform you about the delay and your rights as a passenger.
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Right to Assistance
- For delays of 2 hours or more on flights up to 1500 km.
- For delays of 3 hours or more on flights within the EU over 1500 km, and for all other flights between 1500 and 3500 km.
- For delays of 4 hours or more on flights over 3500 km outside the EU.
The assistance includes meals and drinks based on the waiting time, as well as two phone calls, faxes, or emails. If the delay extends beyond the reasonable expected departure time, you may be entitled to hotel accommodation and transportation between the airport and the place of lodging.
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Refund and rerouting
If the delay is 5 hours or more, you have the right to cancel your flight and request a refund for the ticket (for the unused parts of the journey and for the parts already used if the flight no longer serves its original purpose), as well as the option for a return flight to the first point of departure as soon as possible.
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Financial compensation
In case of a delay of 3 hours or more upon arrival at your destination, you may be entitled to financial compensation, unless the delay is due to extraordinary circumstances that could not have been avoided even with all reasonable measures, such as a strike. However, the practice regarding compensation may vary based on legal interpretations and decisions of the competent authorities.
It is important to note that the interpretation of "extraordinary circumstances" can vary, and the airline's responsibility to offer compensation in the event of strikes depends on the specific nature of the strike and how it affects operations. If you have any doubts or disputes with the airline, you can contact the competent national authority in the EU country where the incident occurred or in the EU country of departure for assistance and clarification.
You must always remember that requesting a refund for a canceled or delayed flight does not automatically oblige you to waive your possible compensation under Regulation (EC) No. 261/2004 of the European Union. These are considered separate rights:
When am I entitled to a refund?
If your flight is canceled or significantly delayed, you have the right to choose between a full refund of the ticket (for the part or parts of the journey not completed and for the parts already completed if the flight no longer serves the original purpose of the trip) or a rerouting to your final destination as soon as possible or on a later date at your convenience.
When am I entitled to Compensation?
Regardless of your choice for a refund, you may be entitled to financial compensation if the delay (of 3 hours or more upon arrival) or flight cancellation was not caused by extraordinary circumstances that could not have been avoided even if all reasonable measures had been taken. Strikes by airline staff are often not considered extraordinary circumstances, meaning you may be entitled to compensation.
The decision to request a refund does not exclude the right to compensation, as these are considered separate rights under EU regulations. However, if you accept an alternative flight (rerouting) to your final destination and the delay is between 3 and 4 hours from the originally scheduled time, compensation may be reduced by 50%.
If you find yourself in a situation where the airline does not provide the assistance measures required by European Union Regulation (EC) No. 261/2004 in case of flight disruption due to a strike by airline workers, here are some steps you can follow to ensure your rights are respected:
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Document the Situation
Keep all evidence of lack of assistance, including details like the time and date of the flight, communications with the airline, and any other documentation that can support your case.
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Request On-Site Assistance
If you are still at the airport, try to speak directly with an airline representative. Explain that, according to Regulation (EC) No. 261/2004, you are entitled to immediate assistance, including meals, beverages, access to two phone calls or emails, and, if necessary, accommodation in a hotel and transportation between the airport and your accommodation.
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Support Your Needs
If the airline does not provide the necessary assistance and you are forced to incur expenses for meals, accommodation, and transportation, try to keep the costs reasonable and save all receipts, as they will be needed to request a refund.
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Contact the Airline
Once you have access to the internet or a phone, contact the airline to inform them of the situation and request reimbursement for the expenses you incurred due to their lack of assistance. Include all the evidence you have collected in your communication.
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File a Formal Complaint
"If the airline does not respond satisfactorily or refuses to reimburse your expenses, you can file a formal complaint. This can be done directly to the airline and, if necessary, to the competent national authority in the EU country where the incident occurred or in the EU country of departure of the flight.
Remember, you have the right to receive immediate assistance in case of a flight cancellation due to an airline workers' strike. The key is to stay informed about your rights and take proactive steps to ensure they are respected.
