The Association “FACUA – Consumers in Action” alerts all passengers in the Canary Islands potentially impacted by the Iberia ground staff strike from 5 to 8 January that they may be eligible for compensation of up to 600 euros, plus a refund of their ticket and any incurred costs if their flight is cancelled.
Understanding Your Rights Under European Regulation 261/2004:
This regulation outlines compensations for flight cancellations, specifying in Article 7 the following entitlements:
- 250 euros for flights up to 1,500 kilometres.
- 400 euros for intra-Community flights over 1,500 kilometres and for all other flights between 1,500 and 3,500 kilometres.
- 600 euros for all other flights.
The Court of Justice of the European Union (CJEU) clarified in April 2018 that a workers’ strike does not fall under “extraordinary circumstances,” meaning airlines can’t evade providing due compensation.
Airline Strike: When Is Compensation Not Owed?
Airlines are exempt from providing compensation if they:
- Notify of cancellation at least two weeks prior to departure.
- Inform of cancellation between two weeks and seven days before departure and offer re-routing allowing departure no more than two hours earlier and arrival less than four hours later than originally scheduled.
- Announce cancellation less than seven days before departure and offer an alternative flight departing no more than one hour earlier and arriving less than two hours later than initially planned.
Reduced Compensation:
Carriers might reduce compensation by 50% if they offer re-routing with a difference in arrival time compared to the initial flight within specific timeframes based on flight distances, as outlined in Article 7.
The CJEU also determined in May 2017 that this right to compensation extends to situations where the flight isn’t cancelled but arrives more than three hours late.
Guaranteed Reimbursement:
Regardless of the circumstances, affected individuals always have the right to a full ticket refund within seven days or to re-routing to their final destination as per Article 8 of Regulation 261/2004.
Claiming Additional Damages:
Passengers can also seek compensation for other damages incurred due to cancellation, like hotel costs, connecting flights, or even moral damages for lost vacations or other impacts.
Immediate Assistance:
If cancellation occurs close to the departure time, Article 9 of the European regulation mandates airlines to provide:
- Sufficient food and refreshments.
- Necessary hotel accommodation.
- Transportation between the airport and the hotel.
FACUA-Consumers in Action advises passengers to be aware of their rights and to claim what they’re entitled to under the law.
