Strike: What are your rights?
The thrill of flying, soaring through the skies towards new destinations, is a cherished experience for travelers worldwide. However, the world of aviation is not immune to disruptions, such as planned strikes and so called wildcat strikes.
Air traffic control strikes, baggage handler strikes or airline personnel strikes are all relatively common in European commercial air travel.
When airline personnel are on a strike, flight cancellations and delays follow quickly, and the consequences are felt by many. In this article we explain about your rights as a passenger and answer the question: Are you eligible for compensation due to a strike?
As an airline passenger your rights are established under EU Regulation 261/2004 or The Air Passenger Rights and Air Travel Organisers’ Licensing (Amendment) (EU Exit) Regulations 2019. EUclaim knows your rights when your flight is cancelled or delayed due to a strike.
A strike and your right to care
When your flight is cancelled or delayed because of a strike you are entitled to care, regardless of which party is on strike. This means that the airline must provide you with vouchers for food and drinks after:
- Two hours for flights up to 1500 km
- Three hours for flights between 1500 and 3500 km and
- Four hours for all other flights.
If the airline does not provide you with vouchers, you can purchase food and drinks yourself. Make sure you always your receipts and boarding pass so you can declare the costs with the airline.
If the delay or cancellation lasts overnight you are entitled to a hotel stay. If this is not provided you can claim back the costs from the airline. You are always entitled to be taken care of during a long flight delay or cancellation even if this was caused by an extraordinary circumstance.
Am I entitled to compensation when my flight is cancelled or delayed by a strike?
In the UK a strike of third parties is seen as an extraordinary circumstance under The Air Passenger Rights and Air Travel Organisers’ Licensing (Amendment) (EU Exit) Regulations 2019. Third parties are outside parties of which the airline is not in control, such as Air Traffic Control, baggage handlers or security.
This means that you are not entitled to compensation when a UK flight is cancelled or delayed by more than three hours due to a third party strike. If airline personnel like cabincrew or pilots are on strike, you are entitled to compensation of up to €600 per person.
A cancelled flight because of a strike
If your flight is cancelled due to an Air Traffic Control strike or any other third party strike causing problems to the flight schedule, you are not entitled to compensation. You are entitled to compensation if pilots or cabincrew are on strike causing the airline to cancel your flight.
You are also entitled to a replacement flight or a refund of your ticket. If you are not offered a replacement flight and you book a new flight yourself, the difference in the price of the ticket must be refunded by the airline.
EUclaim knows your rights in the event of a strike
In need of clarity regarding your rights if your flight’s delayed or cancelled? Look no further! At EUclaim, we have the inhouse expertise and experience to guide you on your entitlements when you’ve experienced a lengthy flight delay or cancellation.
With our comprehensive database, we precisely track flights that have been affected by strikes or other extraordinary circumstances. By evaluating over 13 million flights daily and harnessing the power of the expansive Lennoc Flight Intelligence database, which integrates flight data with weather and press-related information, we provide exclusive insights.
Our dedicated team of legal experts, coupled with our exclusive database, has secured an impressive 97% success rate in court.
Don’t hesitate, click below to check for free if your flight is eligible for compensation.