Strikes

Flight cancelled by a strike? It depends whose strike.

A strike by the airline's own staff does not excuse it from paying compensation, the Court of Justice of the European Union has ruled. A strike by others, such as air traffic controllers, can. Meals, a hotel and the choice of a refund are owed either way.

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General information, not legal advice. Not a promise of payment.

What EU 261 says

Regulation (EC) No 261/2004, usually called EU 261, excuses an airline from paying compensation for a cancellation if it can prove extraordinary circumstances that could not have been avoided even if all reasonable measures had been taken (Article 5(3)). The regulation's recital 14 names strikes that affect the operation of an airline among the things that may be such circumstances.

The airline's own staff

The Court of Justice has ruled twice that a strike by the airline's own people is not an extraordinary circumstance:

A strike called by a union. A strike called by a trade union of the airline's staff, within the rules of national law, and followed by staff the flights need. Airhelp v SAS (C-28/20, 2021), about a pilots' strike.
A wildcat strike. A large part of the flight crew calling in sick at once after the airline announced a restructuring. Krüsemann (C-195/17, 2018).

Someone else's strike

A strike by people who do not work for the airline is different. In Airhelp v SAS the Court gave strikes by air traffic controllers or airport staff as examples of what may be an extraordinary circumstance. The airline still has to show that it took all reasonable measures.

Owed whatever the cause

Extraordinary circumstances excuse the compensation only. For a cancellation, you still have the choice between a refund and another flight, meals and drinks, two calls or messages, and a hotel and the transfer to it if the new flight leaves the next day or later (Article 5(1)). For a long delay, care is owed by the hours below (Article 6).

While you wait: Meals and drinks are owed from 2 h on short flights, 4 h on the longest.
Refund or rebooking: From 5 h: you can give up the trip and get the unused fare back in 7 days.
When nothing is owed: No compensation if the cause was outside the airline's control — weather, air-traffic control, or someone else's strike. Meals and a hotel are owed anyway.

These are the lines AirwayControl shows for a route under EU 261, word for word.

Ask whose strike it was

The airline has to prove the extraordinary circumstances, so ask it in writing. The claim AirwayControl writes does: if the airline considers that extraordinary circumstances apply, it asks it to set out what they were and what measures it took. You can read the whole claim in the main guide.

No reply, or a refusal? Take it to the complaints body in the country you departed from.

AirwayControl

Or let the app fill it in.

AirwayControl is a flight tracker for iPhone and Apple Watch. Set your flight before you leave, and it follows the day for you. If the day goes wrong, it already knows the details the claim needs.

It tells you when it matters. A notification when your flight lands three hours late or more.
It knows which rules cover your route. EU 261, UK 261 and the rules of 18 more countries, in plain words.
It fills in the claim. Airline, flight number, date and route come from My Flight.
You send it. From your own email, or through the airline's own claim form with every answer ready to copy.
No fee and no share. AirwayControl never takes a part of what you receive.

Download on the App Store

7 days free, then 29 NOK a month.

Questions people ask

Is compensation owed when a flight is cancelled because of a strike?

It depends whose strike it was. A strike by the airline's own staff is not an extraordinary circumstance, so compensation may be owed under EU 261. A strike by others, such as air traffic controllers, can excuse the airline from paying. The airline has to prove it.

Is a pilots' strike an extraordinary circumstance?

Not when the pilots work for the airline and the strike was called by their union. The Court of Justice ruled so in Airhelp v SAS (C-28/20).

Is an air traffic control strike an extraordinary circumstance?

It may be, because air traffic controllers do not work for the airline. The airline still has to show that it took all reasonable measures.

Am I owed a hotel during a strike?

EU 261 says a hotel and the transfer to it are owed when a cancellation moves you to the next day or a long delay keeps you overnight, whatever caused it. Extraordinary circumstances excuse the compensation, not the care.

Is AirwayControl a claims company?

No. It tells you which rules cover your route and writes the claim, and you send it from your own email. AirwayControl never sends or handles a claim for you, and takes no share.