Air transport strikes are particularly annoying for passengers. Flights are cancelled or severely delayed, and many travellers wonder what rights they have in such cases. Although strikes are often categorised as ‘extraordinary circumstances’ that exempt airlines from paying compensation, there are still claims that you can make as a passenger. In this blog post, you can find out which passenger rights apply in the event of strikes and how you can protect your claims.
Are strikes ‘exceptional circumstances’?
Airlines often refer to ‘extraordinary circumstances’ in the event of strikes in order to refuse compensation claims. This means that the airline is not obliged to pay compensation in accordance with the EU Passenger Rights Regulation (EC 261/2004) in the event of flight cancellations or delays due to strikes.
However, there is a crucial distinction: Internal strikes, i.e. strikes by the airline's own staff (e.g. pilots or flight attendants), are increasingly no longer recognised by the courts as extraordinary circumstances. This means that passengers could still be entitled to compensation in these cases. External strikes, on the other hand, such as strikes by airport staff or air traffic control, are generally recognised as extraordinary circumstances, meaning that no compensation can be expected here.
Your rights to care services in the event of strikes
Even if compensation is excluded in many cases, you are still entitled to so-called care services if your flight is delayed or cancelled due to a strike. The airline is obliged to help you in these cases, regardless of whether there is a strike or not. The assistance services include:
- Catering and drinks, depending on the waiting time.
Two free phone calls, e-mails or fax messages to contact relatives or work.
Accommodation and transport: If the flight does not depart until the next day and an overnight stay is necessary, the airline must cover the costs of the hotel and transport to the hotel.
These services are particularly important if the strike lasts longer and you are forced to wait at the airport.
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How to enforce your claims in the event of strikes?
Even if compensation for strikes is often excluded, you should always have your claims checked carefully. Particularly in the case of internal strikes, there is often room for manoeuvre to enforce compensation after all. A legal service provider such as Captain Frank can help you to assess and enforce your claims.
The advantage of a legal service provider is that they have in-depth knowledge of air passenger rights and current case law. Many passengers shy away from the effort involved or do not know how to go about claiming their rights. This is where Captain Frank comes in:
- No risk: You only pay if your claim is successful, so there is no cost risk for you.
Fast and efficient: With automated processes and the expertise of an experienced team, your claim will be processed quickly and effectively.
High success rate: Particularly in complex cases such as strikes, the success rate of a specialised legal service provider is significantly higher than with independent attempts.
It is important that you keep all relevant receipts and documents, such as boarding passes, booking confirmations and receipts for additional expenses. These receipts are crucial for asserting your claims with the airline.
the conclusion:
As a passenger, you also have rights that you can invoke in the event of flight cancellations and delays due to strikes. While direct compensation is excluded in many cases, you are entitled to care services and in the case of internal strikes you may well be entitled to compensation. Use the expertise of a legal service provider such as Captain Frank to protect your rights and enforce possible compensation.
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Foto von Claudio Schwarz auf Unsplash
