The airline is on strike. Can I still claim compensation for my delayed or cancelled flight?

Yes, according to European regulation EC 261/2004. Depending on some conditions you might be entitled up to 600€. 

Strikes can be complicated. They can happen at any time and disrupt your scheduled flights. While it’s understandable that airline or airport employees have the right to strike, you might be wondering what this means for you if your flight ends up being delayed or cancelled because of a strike.

If strike action is taking place by the airline’s own employees, such as pilots or other airline staff, then the airline is required to pay compensation to its passengers.

The European regulation EC 261/2004 protects you in case a flight has been disrupted. 

This regulation covers all flights departing from or arriving at, EU airports when they are operated by EU-based air carriers. 

What you need to understand is that, according to EU laws, you can be entitled to compensation if your flight was delayed or cancelled because of a strike, provided that certain criteria are met.

Flight compensation due to a strike

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Strikes can be considered extraordinary circumstances that are beyond the control of the airline. 

1 – Strike by airline’s staff

However, if strike action is taking place by the airline’s own employees, such as pilots or airline staff, then the airline is required to pay compensation to its passengers.

2- Unexpected strikes

Either programmed or unexpected strikes (usually known as “wildcat strikes”) aren’t considered extraordinary circumstances when the action was called by the airline’s staff rather than a nother party (such as air traffic control or baggage handling strikes).

It remains the airline’s responsibility to make sure that there are proper contingencies in place and to guarantee that you arrive at your destination on time or otherwise that you get proper compensation for your delayed or cancelled flight.

Besides flight compensation, if your flight has been delayed the airline must provide you with care, such hotel, taxi, phone calls, food and drinks.

Always make sure you know your air passenger rights and that they are respected by the airline.

You are not entitled to flight compensation if:

It’s a strike that the airline has no control over. For example:

• Strikes by airport security staff
• Strikes by baggage handlers
• Strikes by air traffic management staff
• Strikes caused by political unrest

Flight strike compensation

In case you had a flight disrupted by an airline’s staff strike, you are entitled to financial compensation if:

• Your flight was either delayed by 3 hours or more or was cancelled less than 14 days before it was due to depart,
• Your flight was set to depart from the EU or was on an EU airline arriving in the EU, and
• The disruption occurred within the last 3-10 years (depends on the country).

EU regulation EC 261/2004

Under the european regulation EC 261/2004 an air passenger is protected with Air Passenger Rights. You can read all about it here in our blog and be prepared for future situations.

Airlines often attribute extraordinary circumstances as a reason for their flight to be delayed or even to cancel it without having communicated it in advance. Here at Aireclaim´s Blog we will help you understand exactly what extraordinary circumstances are and how they can prevent you from claiming financial compensation for your flight.