How can I deal with flight delays due to air traffic controller strikes?
January 1, 2024 | 40,00 EUR | answered by Sophia Breitwieser
Dear lawyer specialized in travel law,
I am reaching out to you with a question regarding flight delays due to air traffic controller strikes. My name is Wilhelm Schmid and I recently had a flight planned where there was a significant delay due to an air traffic controller strike. As a result, I missed my connecting flight and had to incur additional costs for accommodation and meals.
This unforeseen situation has caused me significant inconvenience and financial burden. I am now wondering what legal steps I can take to receive compensation for the flight delay caused by the air traffic controller strike. Are there any legal regulations or claims for damages that I am entitled to in this case?
Furthermore, I am concerned that the airline may potentially refuse to pay compensation or reject my claims. How can I effectively defend myself against a rejection from the airline and assert my rights as a passenger in this case?
I would be very grateful if you could provide me with possible solutions on how to proceed against flight delays due to air traffic controller strikes. I look forward to your support and advice on this matter.
Sincerely,
Wilhelm Schmid
Dear Mr. Schmid,
Thank you for your inquiry regarding the flight delay due to an air traffic control strike. I am sorry to hear that you have experienced significant inconvenience and financial burden due to this unforeseen situation. As a lawyer specializing in travel law, I am here to assist you and will answer your questions as thoroughly as possible.
Regarding flight delays due to air traffic control strikes, passengers are generally entitled to compensation under the European Regulation on Air Passenger Rights (Regulation (EC) No. 261/2004). This regulation governs the rights of air passengers in cases of flight cancellations, delays, and denied boarding, and provides for certain compensations which vary depending on the flight distance and duration of the delay. Passengers are generally entitled to compensation of up to 600 euros per person for flight delays of more than three hours.
However, there is a specific exception to consider in the case of air traffic control strikes. The regulation states that airlines may be exempt from the obligation to pay compensation if the flight delay was caused by extraordinary circumstances that could not have been avoided even if reasonable measures had been taken. This includes strikes by air traffic controllers. In such cases, the airline may refuse to pay compensation.
Nevertheless, there are also cases where passengers may be entitled to compensation despite air traffic control strikes. This is the case, for example, when the airline has not taken all reasonable measures to minimize the delay. It is therefore important to carefully examine each individual case and, if necessary, take legal action to assert your rights.
If the airline refuses to pay compensation or rejects your claims, I recommend seeking the advice of an experienced lawyer specializing in travel law. A lawyer can effectively represent your interests, take legal action, and possibly file a lawsuit against the airline. It is important to gather all relevant documents and evidence to support your claims.
In conclusion, I advise you to know your rights as a passenger and not hesitate to assert your claims in the event of a flight delay due to an air traffic control strike. With the assistance of an experienced lawyer, you can significantly increase your chances of receiving compensation.
I hope this information is helpful to you and am available for further questions.
Sincerely,
Sophia Breitwieser
Lawyer specializing in travel law
