Making a Flight Claim is easy with myplaneclaim.com
All you need to do is fill in a simple online form; there is no complicated paperwork to complete. As a specialist legal firm we are able to submit your claim to the airline & negotiate the best compensation available to you on your behalf. If necessary we will take legal action (all no win no fee) against the airline.
You receive your compensation of up to £540 per passenger.
Flight cancelled or delayed due to strike? Know your rights
Strikes are a common cause for flight disruption, whether this is the personnel of an airport or an airline. Unfortunately, as strikes are deemed by EU regulation to be beyond the airlines’ control even if it’s a strike within the airline, passengers are unable to make compensatory claims in these cases. Food and refreshments will be made available at the airport for passengers who go through it, and the airline is expected to organize alternative transportation as soon as they can.
When am I entitled to compensation in the event of a strike?
- Your flight does not fall within the strike period
- Your flight disruption was in the last 6 years
- You checked in for your flight on time
- Your flight took off from the EU or landed in the EU. In the latter case, the airline’s headquarters must be in the EU
- You arrived at least 3 hours later at your intended destination
What do I need to do in the event of a strike?
- The airline needs to provide the cause of the delay or cancellation in writing
- Collect evidence: such as receipts, photos, tickets and vouchers
- Request the complimentary food and drinks at the airport
Is it possible to get compensation for flight disruption caused by strikes?
As the EU Regulation 261/2004 states, passengers can receive between €250 and €600 in cases of flight delays, cancellations, or overbookings. The exception to the rule is flight disruptions caused by ‘extraordinary circumstances’. In this case airlines are under no obligation to pay out compensation to customers. Strikes, whether they are carried out by the airport staff or the airline staff, fall under this category, and as such passengers should not expect to have a valid claim.
However, there are exceptions to this rule, under which the airline may be held liable for damages caused by cancellations or delays or denied boardings. For the European Regulation to apply, the flight must have taken off from an airport within Europe, or it must have been operated by a European airline and landed in the European Union. These conditions apply regardless of the ticket price, and also apply to those travelling on business or on package holidays. Your claims are valid for up to 6 years retrospectively.
There are some exceptions worth considering:
If your flight does not fall within the immediate strike period, but is cancelled due to the impact of the strike, it is worth checking if you can claim compensation. For example: if all flights are taking off and landing on schedule again after the strike, but you are denied boarding, then there is a good chance that the airline will have given your seat to a passenger who was directly affected by the strike. This means that the airline would be denying you the right to board against your will, which could entitle you to compensation.
Flight cancellations before the first day of a strike do not exempt the airlines from their obligation to pay compensation. The European Court of Justice explained that this would deny air passengers any form of right protection if an airline could invoke incidents that it had the power to resolve. (ECJ, judgment of 4 October 2012).
How much compensation can be claimed?
You may be wondering how much compensation you can claim for flights delayed by more than 3 hours, cancellations, or even denied boarding? The European Regulation gives different amounts of payment depending on the distance of the flight:
- If the flight distance is up to less than 1500km, the value of the compensation is €250 for a delayed, or canceled flight or overbooked flight.
- If the flight distance is between 1500 km and 3500 km, the value of the compensation is €400 for a delayed, or cancelled or overbooked flight.
- If the flight distance is higher than 3500 km, the value of compensation is €600 for a flight delay a or cancellation or an overbooked flight.
Do I need to turn up at the airport in spite of the strike?
Yes, you need to check in on time – at least if the strike will only be lasting for a small amount of time. The airline offers you an alternative flight at short notice. If you are faced with a more extended waiting period, always remain at the gate. If the strike lasts several days, you can ask the airline in advance when your alternative flight will be taking off. In such cases, you don’t need to turn up at the airport on time for the flight you had initially planned. Passengers on package tours must get in touch with their tour operator to find out whether their flight will be canceled or postponed.
Can I take alternative transportation?
The airlines should inform you as quickly as possible about your flight cancellation and they must provide alternative transportation. The airlines often try to use their subsidiaries to cover flight cancellations by moving passengers to flights operated by these airlines.
If your flight is canceled due to a strike, however, you can also contact your airline yourself to change your booking free of charge or, if you wish, you can cancel it altogether.
Taking a train or bus and rental car as an alternative
If it is a domestic flight that’s been canceled, it might be worthwhile taking a different method of travel other than aircraft. You can arrange for your flight ticket to be changed by the airline to allow you to travel on a train or a bus. You can do this free of charge at the airline’s ticket counter or online on the booking page within the airline. If you go ahead and buy your train or bus ticket, you should be careful. If the trip turns out to be more expensive than the flight you had originally planned, you might end up having to make up the difference. Make sure that you keep your flight ticket invoice if this is the case. The best thing to do is to get the airline to convert your flight ticket into a train ticket before you set off.
The question as to whether the airline will reimburse you for the cost of a rental car is a matter of negotiation. If the airline promises to do so, make sure that it confirms the promise in writing.
How can I claim my compensation?
Figuring out whether you qualify for compensation can be tricky at the best of times. This difficulty only increases in cases of strike action. Moreover, many airlines do not inform their customers about their rights for compensation under European Regulation on Air Passenger Rights.
Additionally, they might ignore complaints, be challenging to reach or might even refuse to pay as they try to make it under extraordinary circumstances. All this to discourage passengers who want to exert their rights.
Additional entitlement to food, refreshments and other benefits
If you are in the airport, and you have gone through a lengthy delay due to strike action, you will qualify for some additional services and amenities at the airport. Below is listed your entitlements based on the length of the delay and the distance of your flight:
- Short flight distances (up to 1500km): departure delayed 2 hours or more – complimentary drinks and food, and 2 telephone calls, emails or faxes
- Medium flight distances (between 1500 and 3500km): departure delayed 3 hours or more – complimentary drinks and food, and 2 telephone calls, emails or faxes
- Long flight distances (More than 3500km): departure delayed over 4 hours or more – complimentary drinks and food, and 2 telephone calls, emails or faxes
When strikes cause delays of over 5 hours
If the strike action at the airport brings delays of at least 5 hours, you are legally entitled to withdraw from your flight. In this event you would also be due a refund from the airline, on the provision that you haven’t taken any alternative transportation offered by them.
When strikes postpone your flight till the following day
If strike action leads to the delay of your flight until the following day, the airline has an obligation to see that you are accommodated in a hotel for the night. The cost of the transport to and from the hotel and airport is also theirs to bear.
Checklist: When are you not entitled to compensation in case of strike?
- If your flight did fall within the immediate strike period
- You land at your destination less than 3 hours late
- You did not check in on time
- Your flight was operated more than 6 years ago
- The flight took place outside the EU