If your flight is affected by a strike, your rights are protected by EU Regulation 261/2004. Recent developments in EU legislation have changed the policy of compensation in regard to strikes of airline crew. Therefor we elaborate on your rights when your flight is cancelled or delayed due to a strike in air travel.
Your right to compensation for a third party strike
Recently, the European Court of Justice ruled that passengers are entitled to compensation when airline crew organizes spontaneous strikes. Therefor British passengers are not entitled to claim compensation when personnel, employed by the airline, goes on strike causing flight cancellations or delays exceeding three hours. A breakthrough for British passengers, as previously all strikes were considered to be extraordinary circumstances.
Now, strikes of third parties causing flight problems are still classed as extraordinary circumstances. Examples of such are Air Traffic Control (ATC) strikes, strikes of security staff and baggage handlers.
Example 1: Your flight to Ibiza is cancelled because of a French ATC strike. You arrive in Ibiza 8 hours late. A strike of Air Traffic Control is an extraordinary circumstance. You are not entitled to compensation. You are however entitled to a replacement flight or refund of your ticket and food and drinks during the wait.
Your right to compensation for an airline staff strike
Strikes of airline personnel such as pilots and cabin crew are no longer classed as extraordinary circumstances. You are entitled to compensation when your flight is cancelled or delayed by more than three hours. If you are unsure about the origin of the flight problem or strike, EUclaim has all the knowledge to provide you with a solid and accurate advice regarding your chances of making a claim against the airline for financial compensation.
Example 2: Ryanair pilots decide on a wild strike of two days causing flight cancellations, including your flight from Dublin to Amsterdam. You receive a refund of your ticket. You are now also entitled to €250 in compensation as an airline strike is not considered an extraordinary circumstance.
Your right to care for a strike
No matter what the origin of a strike is, if your delay exceeds two hours you are officially entitled to care under EU Regulation 261/2004. You are entitled to food and drink vouchers provided by the airline. If the strike strands you at a foreign airport, the airline is also obliged to put you up in a hotel. Is your flight cancelled due to the strike? You are then entitled to a replacement flight or refund of your ticket. If you had to make any additional costs due to the flight delay or cancellation such as alternative transport costs or meal and drink costs, you can request a refund from the airline. Always hold on to your receipts and tickets.