Flying is going to become a headache for more than one in the coming months due to the new strikes in the airlines and the lack of personnel in the airport service templates. With the upturn in flights as the summer season approaches, the situation threatens to disrupt travel with delays and cancellations. What can be claimed in these cases?
One of the clearest fronts is at Air Europa. The pilots have called a strike for May 1, 2, 4 and 5, in full bridge. Vueling cabin crew in France will also stop in May.
Find out days before traveling about the status of the flight “and in the event that it is among those affected, demand a solution and, if applicable, compensation,” they point out from Reclamio. In the case of Air Europa, you can check the flights on its website. The same for Vueling on its web portal.
In the case of a strike by their own personnel, the airlines are obliged to compensate the passengers “since it is a problem attributable to the airline, even if they deny it from the outset, to avoid compensating the affected passenger,” says Noemà Fernandez, manager of Claim. A ruling by the Court of Justice of the European Union (CJEU) in April 2018 determined that a workers’ strike is not considered within the concept of “extraordinary circumstances” that exempt the airline from compensating the client, recall from Facua.
European Regulation 261/2004 -on compensation and assistance to air passengers in case of denied boarding and cancellation or long delay- establishes a series of compensations in case of flight cancellation.
Article 7 states that “passengers will receive compensation amounting to 250 euros for flights of up to 1,500 kilometers, 400 euros for intra-community flights of more than 1,500 kilometers and for all others between 1,500 and 3,500 kilometers, and 600 euros for the rest of flights”, they point out in Facua. The same amounts apply if the delay exceeds three hours upon arrival at destination. In case of delays, if it exceeds five hours and the passenger decides not to travel, reimbursement of the full cost of the ticket may also be required within the following seven days.
Compensation amounts can be halved if the airline offers an alternative flight, based on distance and hours later than originally planned. The reduction is applied if an alternative is offered on flights of up to 1,500 kilometers that involve a delay of less than two hours over the scheduled time; three hours on flights within the EU of more than 1,500 kilometers and those between 1,500 and 3,000 kilometers; and four hours in the rest.
Another factor to take into account is that the company will be saved from paying compensation if it has given at least two weeks notice that it will not fly. Nor if you have set up an alternative transport service between two and one week before departure that does not leave two hours earlier than initially planned and allows you to arrive at your destination less than four hours later than the originally scheduled time. The same happens if you inform with less than seven days and offer another flight that allows you to leave no more than one hour in advance and arrive at the destination less than two hours later than originally planned.
In the event of any incident for this reason or with luggage, it is recommended to keep all documentation, such as connecting flight tickets, accommodation reservations and proof of expenses to later file a claim. “Including moral damages”, it is reported in Facua.
In case of doubts about whether you have the right to compensation for cancellations or delays, you can consult the website of the State Aviation Safety Agency on passenger rights.
