Am I entitled to compensation if my flight was canceled due to strikes?
January 24, 2023 | 40,00 EUR | answered by Ralf Schlittmaier
Dear Sir/Madam Lawyer,
My name is Wanda Wunderlich and I am contacting you regarding a question about travel law. Recently, my flight was cancelled due to strikes and I am wondering if I am entitled to compensation.
The situation is as follows: I had booked a flight to start my long-awaited vacation. However, shortly before departure, I received notification that my flight was cancelled due to strikes by ground staff. As a result, I had to completely rearrange my travel plans and experienced significant inconvenience.
I am concerned about whether I am entitled to compensation in such a situation. I have read online that passengers often have the right to compensation for flight cancellations due to strikes. However, I am unsure if this applies in my case and how much the compensation amount could be.
My question to you as an experienced lawyer in travel law is: Do I have the right to compensation for the cancellation of my flight due to strikes, and if so, how much could this compensation be? Are there any specific legal regulations that could apply in my case?
I thank you in advance for your professional advice and support.
Sincerely,
Wanda Wunderlich
Dear Mrs. Wunderlich,
Thank you for your inquiry regarding the cancellation of your flight due to strikes and your potential entitlement to compensation under travel law. Indeed, it is important for passengers to be informed about their rights in such situations in order to be properly compensated.
According to EU Regulation 261/2004, passengers are generally entitled to compensation in case of flight cancellations due to strikes, provided that the airline is responsible for the cancellation and there are no extraordinary circumstances. Strikes by ground staff are typically not considered extraordinary circumstances, as they are part of the normal operational risk of an airline.
In your case, since your flight was cancelled due to strikes by ground staff, you could potentially be entitled to compensation. The amount of compensation depends on the distance of your flight and is usually 250 euros for flights up to 1,500 km, 400 euros for flights within the EU over 1,500 km, and for all other flights between 1,500 and 3,500 km, as well as 600 euros for flights over 3,500 km.
It is important to note that the airline is obligated to pay you compensation unless they can prove that the cancellation was due to extraordinary circumstances that could not have been avoided even with reasonable measures. In your case, since the cancellation was due to strikes by ground staff, it is unlikely that the airline can successfully invoke this defense.
Therefore, it is advisable to contact the airline directly and claim your compensation. If the airline rejects your claim or does not offer appropriate compensation, you may consider seeking assistance from an experienced travel law attorney to enforce your rights.
I hope this information is helpful to you and I am available to answer any further questions you may have.
Sincerely,
Ralf Schlittmaier, Attorney at Law
