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Passenger rights in the event of strikes
The EU Air Passenger Rights Regulation (EC) No. 261/2004 offers passengers protection in the event of flight delays, cancellations or denied boarding. However, “extraordinary circumstances” can affect the airline’s obligation to pay compensation. Such circumstances include certain strikes.
What are extraordinary circumstances?
“Extraordinary circumstances” are situations that are beyond the airline’s control and could not have been avoided even if all reasonable measures had been taken. These circumstances release the airline from the obligation to provide financial compensation, but it must continue to offer care services and alternative transportation.
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Strikes as extraordinary circumstances
Whether a strike is considered an extraordinary circumstance depends on various factors:
- external strike: strikes caused by external parties such as airport staff, air traffic controllers or security services are generally considered to be extraordinary circumstances. Examples include:
- A strike by air traffic controllers that disrupts air traffic.
- A strike by ground staff that disrupts check-in.
- internal strike: Strikes caused by the airline’s employees may be considered an extraordinary circumstance if they are unforeseeable and beyond the airline’s control. Examples include:
- A sudden strike by flight personnel due to unexpected labor disputes.
- A strike by mechanics that breaks out spontaneously without warning.
No exceptional circumstances
If an internal strike is foreseeable or the airline could have avoided the conflict by taking appropriate measures, it is not considered an extraordinary circumstance. Examples of this are
- A strike resulting from long-standing and known labor disputes where the airline has not shown sufficient negotiation efforts.
- A strike that has been announced and the airline has not taken timely measures to ensure operations.
Passenger rights
Regardless of the exceptional circumstances, passengers are entitled to the following in the event of strikes
- care services:
This includes meals, refreshments, communication facilities, accommodation and transportation, depending on the waiting time.
- reimbursement or alternative transportation:
for cancelled flights or delays of more than 5 hours.
Conclusion
It is important to consider the exact circumstances of the strike and the airline’s response to determine whether there is a right to compensation. If in doubt, passengers should contact the airline or seek legal advice to clarify their claims.