Under EU Regulation 261, airline passengers have the right to claim compensation only if the airline’s employees are on strike and the strike has caused a delay of at least 3 hours or a flight cancellation.
All other strikes are considered an extraordinary circumstance and outside of the airline’s responsibility. Such examples would include strikes or industrial action by air traffic control, airport security, border control, baggage handlers and strikes caused by political unrest.
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Strike Action You Can Claim Flight Compensation For Under EU Reg 261
Strike Action You Can Not Claim Flight Compensation For Under EU Reg 261
Airline Strikes: Examples Of When You Can Claim Compensation?
Under EU Reg 261, industrial action within an airline is considered an airline’s responsibility, as managing employee rights is considered inherent in the airline’s operation. Passengers affected by flight delays or cancellations by such strikes would have the right to claim compensation.
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Can I Claim Compensation For A Delayed Or Cancelled Flight Caused By A Pilot Strike?
Yes, you would be able to claim compensation if a pilot strike delayed your flight. Pilot strikes are considered to be the responsibility of the airline. Therefore, passengers would be legally entitled to claim compensation if a strike occurs.
Can I Claim Compensation For A Delayed Or Cancelled Flight Caused By A Cabin Crew Strike?
Yes, you would be legally entitled to compensation if the airline did not have sufficient cabin crew to operate a flight because of a strike. Co-ordinating staff in such circumstances is an integral part of an airline’s operation and is considered the airline’s responsibility.
Can I Claim Compensation For A Delayed Or Cancelled Flight Caused By A Check-In Staff Strike?
Yes, you would be able to claim compensation as the airline is responsible for providing staff for all aspects of your travel experience. If the airline were unable to provide check-in staff or grounds crew and this delayed your flight or caused your flight to be cancelled, you would have the right to claim compensation.
Recent Successful Flight Compensation Claims
Bott and Co help couple receive £350 each in compensation after arriving on holiday to Corfu late.
We secured compensation for family of 3 who missed a day of their holiday due to flight cancellation.
Family receive £350 compensation each after Jet2 flight to Manchester from Antalya was delayed for 22.5 hours.
Family instruct Bott and Co after missing connecting flight to London due to BA departure delay at JFK Airport.
We helped family of 4 flying from Lithuania to London receive £350 each for flight cancellation.
Family of 4 returning from their holiday in Turkey arrive home 2 days late following flight cancellation.
Passengers receive £350 each after their flight to Tunisia was cancelled and rescheduled for 24 hours later.
Family going to Miami with American Airlines were rerouted to New York AND Dallas before arriving in California.
Family of 4's delay at Birmingham Airport led to missed connection in Dubai and new flight given 3 days later.
Airline Strikes: Examples Of When You Can Not Claim Compensation?
The majority of industrial action that cause flight delays or cancellations are outside of the airline’s control, and under EU Reg261 are considered an extraordinary circumstance. In these instances, the airline is not bound to pay compensation. Such examples include:
Can I Claim Compensation For A Delayed Or Cancelled Flight Caused By Air Traffic Control Strikes?
Despite the severe effects an air traffic control strike can have on airline schedules, you cannot claim compensation if your flight is delayed or cancelled due to an ATF strike.
This extends across different countries. So, if an air traffic control strike in France affected your flight departure from the UK, you would still be unable to claim as this is outside the airline’s control.
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Can I Claim Compensation For A Delayed Or Cancelled Flight Caused By Airport Security Or Border Control Strikes?
Unfortunately, you cannot claim compensation for your flight due to industrial action by airport security. This is outside the airline’s control, so they would not be obliged to pay compensation.
Can I Claim Compensation For A Delayed Or Cancelled Flight Caused By Airport Baggage Handlers Strikes?
Unless the baggage handlers are employed by the airline, strikes by baggage handlers at an airport that cause flight delays or cancellations are not claimable under EU regulation 261.
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My Flight Is Cancelled Due To Strike – What Are My Rights?
Your rights depend on how many days before you were due to fly, the airline informed you of the cancellation.
More Than 14 Days Before Departure
If the airline told you more than 14 days before your scheduled departure date, you would be entitled to the following:
Less Than 14 Days Before Departure
If the airline told you less than 14 days before your scheduled departure date, you would be entitled to the following:
Our guides explain the compensation amounts for flight delays and how much compensation you would receive for a cancelled flight, depending on your specific circumstances.
Claim By Airline
How Do I Know If My Flight Is Eligible For Flight Compensation?
EUReg261 protects airline passengers whose flights departed from or arrived at a UK or EU airport on a UK or EU airline. You can claim for delayed flights that departed in the last six years.
Under UK law, you will be able to make a claim for EU261 compensation if your flight:
Delayed Flights Covered By EUReg 261
| Departing From | Arriving To | Can I Claim? |
|---|---|---|
| Airport inside UK/ EU | Airport inside UK/EU |
Yes (Claimable for any airline) |
| Airport inside UK/ EU | Airport outside UK/EU |
Yes (Claimable for any airline) |
| Airport outside UK/EU | Airport inside UK/EU |
Yes (If on an EU based airline) |
| Airport outside UK/EU | Airport outside UK/EU |
No |
When You Are At The Airport, You Have A Right To Care and Assistance
In addition to your rights to claim compensation, Article 9 of EU Reg 261 states that airlines must provide passengers with a level of “care and assistance” if their flight is delayed beyond a certain number of hours.
Airline passengers are eligible for “care and assistance” if their flight is delayed at least 2 hours (for flights under 1,500km), delayed at least 3 hours (for flights between 1,500km and 3,500km), or at least 4 hours for flights over 3,500km.
Care and Assistance – Your Rights When Your Flight Is Delayed
| Flight Distance | Length of Delay |
|---|---|
| Up to 1,500km |
After 2 hours |
| 1,500km-3,500km |
After 3 hours |
| Over 1,500km and between two EU States |
After 3 hour |
| Over 3,500km |
After 4 hours |
Regardless of the reason for the delay, the airline must provide passengers with:
The airline should cover all these costs during the delay as part of their ‘care and assistance’ obligations. However, we see cases where passengers have had to use their money to buy food and drink or get taxis to and from the airports.
This right applies to delays, even if caused by what the regulation calls an ‘extraordinary circumstance’.
Meet Our Solicitors
Coby Benson
A member of The Law Society and a SRA Registered Solicitor, Coby has been instrumental in establishing flight delay compensation law in the UK, including playing a significant part in the landmark cases of Huzar v Jet2 and Dawson v Thomson at The Supreme Court.
Coby is regularly asked for comment in the national media, regularly featuring in The Daily Telegraph, The Times, The Guardian and The Independent as well as appearing on BBC Television, Sky News, ITV and BBC Radio 4 and Radio Five Live.
