(Newswire.net — May 29, 2019) — If your flight is cancelled or delayed because of strike action, you should be offered care and assistance by your airline and in some cases, you might be eligible to claim compensation.
EU regulation 261/2004 states that an airline must compensate its passengers in the case of flights being delayed or cancelled unless the cancellation or delay is due to “extraordinary circumstances”. These circumstances include:
- Exceptionally bad weather
- Terrorist attacks
- Riots or civil unrest
- Concealed manufacturing defects
- Strikes by air traffic control or ground staff
Though strikes are listed as an extraordinary circumstance, this does not apply to all strikes. The airline might tell you that you’re not entitled to compensation, but it’s always worthwhile checking whether the strike is an extraordinary circumstance or not.
My flight is cancelled due to an Air Traffic Control strike – can I claim compensation?
ATC strikes can be very disruptive, leading to hundreds of delayed or cancelled flights at the airport concerned and it is not possible for an airline to maintain its normal schedule under these conditions. Such a strike is also likely to have a wider impact due to a knock-on effect on flights to and from other airports.
Airlines argue that they do not have control over Air Traffic Control strikes and they are considered extraordinary circumstances, so they do not have to pay any compensation to passengers in these cases.
Strikes involving airline staff
If a strike involves airline staff, it is not considered an extraordinary circumstance if the reason for the strike concerns their terms of employment. In this case, the airline has the possibility of negotiating with their employees. It is within the airline’s control to negotiate with staff and also because dealing with striking staff is an ordinary part of running an airline.
For many years, airlines have claimed that strikes are extraordinary circumstances and have therefore been able to avoid paying out compensation. This was put to the test in court in 2018, when a Luxembourg court agreed that passengers were entitled to compensation after Tui staff went on a week’s sick leave, a move that resulted in many cancelled and delayed flights. Tui argued that this was an extraordinary circumstance but the company has have been forced to pay compensation running into millions of euros.
Strikes by baggage handlers and other airport staff
If your flight has been disrupted or cancelled because of a strike by baggage handlers or other airport staff, it’s unlikely that you will be able to claim any compensation from the carrier.
In this scenario, the airline will claim that the strikes are not by their employees and are so outside of their control. This will place a baggage handler’s strike into the category of extraordinary events and this would be taken into account if a compensation case went to court.
Care and Assistance
If your flight is cancelled or delayed by more than two hours for whatever reason, your carrier has to provide you with care and assistance. Under EU Regulation 261/2004, they must offer you:
- Snacks and drinks
- Two phone calls, emails, or fax messages
- Overnight accommodation in a hotel, if required
- Transfers to and from that hotel accommodation
If the airline refuses to do so and you have to pay for these items yourself, keep the receipts as you will be able to claim compensation for any reasonable expenses you have incurred as a result of the delay.
The right to compensation when a flight has been cancelled due to strike action is a complex area and disputing with an airline as an individual is a time-consuming and stressful process. At GIVT, we’re here to help and our legal team has the expertise to make the claim on your behalf. Just complete the online form and let us do the rest.