Eligibility and right to compensation in the event of an air traffic controller strike

EC Regulation No. 261/2004 indicates that compensation is only possible if the airline is responsible for the delay of 3 hours or more, or for the cancellation of your flight, in the event of a strike.

Indeed, if the strike is internal, whether it concerns cabin crew (pilots, hostesses or stewards) and/or ground staff, in this case, it is responsible and must financially compensate its passengers. On the other hand, if the strike is external, whether it concerns air traffic controllers, airport staff, customs, air traffic controllers, firefighters, etc., the airline is in these cases, within its rights, to refuse compensation to its travelers.

You should also know that the flight in question must be carried out within the European Union, if the flight is operated by a European carrier, or that the flight takes off from an airport in the European Union, if the flight is operated by a non-European air carrier.

 

Cases of eligibility for compensation :

According to European Union regulations, the air traffic controllers’ strike cannot give rise to the payment of financial compensation to passengers who are victims of canceled or delayed flights, since this category of employee works under the responsibility of the airport. This situation is considered an extraordinary circumstance, which is beyond the control of the airline, and which exempts it from paying compensation to travelers.

However, there are exceptions under which the airline may be held liable for damage caused by this situation on its flights:

  • If flights resume after the air traffic controllers’ strike, but the airline refuses you boarding following the placement of another passenger in your seat. Indeed, in this case the overbooking cannot be linked to an extraordinary circumstance.
  • If your flight is canceled before the first official day of the strike.

 

The amount of compensation :

If you are eligible for financial compensation for a flight delayed by 3 hours or more, or canceled at the last minute, following an air traffic controllers’ strike, or if you were refused boarding…you are entitled to request compensation, the amount of which varies depending on the route of the flight, according to European regulations:

  • If the flight distance is less than 1500 km, the compensation is €250 for a delayed, canceled or overbooked flight.
  • If the flight distance is between 1500 km and 3500 km, the compensation is €400 for a delayed, canceled or overbooked flight.
  • If the flight distance is greater than 3,500 km, the compensation is €600 for a delay, cancellation or overbooking.

However, if the airline is not responsible for the damage, it is released from its obligation to pay compensation.

Handling passengers stuck at the airport

Although the air traffic controllers’ strike is not the responsibility of the airline, and is considered force majeure, the carrier must still provide assistance to its passengers while waiting at the airport for the next flight. .

If the flight is canceled, the company must take care of the latter at the airport, offering them: refreshments and meals, two communications (email, telephone), even accommodation and transport from the airport to it if necessary.

In the event of a delay, the airline must provide the same assistance to its travelers, depending on the waiting time until the replacement flight:

  • From 2 hours of waiting time on departure for flights of less than 1,500 km.
  • From 3 hours of waiting time on departure for flights of 1,500 to 3,500 km.
  • From 4 hours of waiting time at departure for flights over 3,500 km.

The airline must in particular offer its passengers, for a delay of 5 hours or more, the choice between reimbursement of their tickets, if they give up the trip, or rerouting on another flight, at their destination.

 

The claim for compensation :

In cases of exceptions, which give right to compensation in the event of a strike by air traffic controllers, which causes disruptions to flights. Passengers can assert their rights through the ticket contact details made available to them on the company’s website, or through the ticket from airline compensation assistance companies, whose staff is experienced in this area.