Am I entitled to compensation if my flight is cancelled due to strike action?
July 17, 2024 | 30,00 EUR | answered by Fred Kock
Dear Travel Law Attorney,
My name is Mia Krause and I have a question regarding my flight that was canceled due to strike actions. On the planned day of departure to my holiday destination, I was informed that my flight was cancelled and therefore I could not travel as planned. This not only caused inconvenience for me, but also financial losses as I had to incur additional costs for an alternative way of travel.
I am wondering if I am entitled to compensation, as the flight cancellation was due to strike actions. I have read that in such cases, the airline is not always obligated to pay compensation, as strikes can be considered as extraordinary circumstances. However, I am wondering if there may still be a legal basis on which I can rely to receive compensation.
I am concerned that my efforts to receive compensation due to the strike actions could be unsuccessful and therefore would like to know from you if there are any possibilities in my case to receive compensation. Are there perhaps any specific regulations or court rulings that could favor my situation?
I therefore ask for a detailed consultation on my case and clarification on whether I am entitled to compensation. I would be very grateful for your help and expertise.
Sincerely,
Mia Krause
Dear Mrs. Krause,
Thank you for your inquiry regarding the flight cancellation due to strike actions and your question about possible compensation. It is understandable that you are concerned in this situation and want to clarify whether you are entitled to compensation.
In general, passengers are entitled to compensation in case of flight cancellations or delays under certain conditions. According to EU Regulation 261/2004, passengers are entitled to compensation if their flight starts within the EU or is operated by an EU airline, and the flight is delayed by more than three hours, canceled, or they are denied boarding.
However, there are exceptions to this rule in case of extraordinary circumstances that were not foreseeable or could not have been avoided by the airline. Strike actions usually fall under these extraordinary circumstances, as they cannot be directly controlled by the airline.
In your case, where the flight was canceled due to strike actions, it may be difficult to obtain compensation from the airline. However, there are also cases where courts have ruled that certain strike actions are not to be considered as extraordinary circumstances, for example if they violate international agreements or laws.
Therefore, it is advisable to seek advice from a lawyer specializing in travel law who is familiar with such cases and can assess your rights. An experienced lawyer can check if there are specific regulations or court rulings that could favor your situation and help you enforce your claims against the airline.
I recommend contacting a lawyer promptly to receive legal advice on your case and assess your chances of receiving compensation. I hope that my response was helpful and wish you success in enforcing your claims.
Best regards,
Fred Kock, Lawyer specializing in travel law
