Airline strikes – what are your rights?

British Airways recently announced that strikes organised by their staff would be causing significant disruption in the coming months, with the next one set to happen on 27 September 2019.

Living on an island, most of us are pretty reliant on flights, whether it be for business trips or holidays. It’s therefore important for us to understand what our consumer rights are in cases of flight delays and cancellations. 

For flights with most airlines you will be covered under Under EU Regulation (EC) No 261/2004 (EU261 or UK261).

However, for Blue Island travellers from Jersey, this law does not apply. Unlike travellers departing from the UK or the European Union, Islanders are not currently protected by regulations like EU261 or UK261. These laws guarantee compensation when flights are delayed or cancelled, ensuring airlines take responsibility for their passengers. Find out more about this: 'A glaring gap in consumer protection' - Jersey Consumer Council

What are your rights if your flights are cancelled due to strike action?

Under EU Regulation (EC) No 261/2004 (EU261), you are usually entitled to either a full refund of the cost of your airline ticket within seven days, a return flight to the first point of departure or a substitute flight to your destination from a nearby airport, with the airline covering any additional travel costs.  

1. An alternative flight (Rerouting): 

• If your flight wasn’t direct and was cancelled part-way through your journey, the airline is obligated to fly you back to your first point of departure or refund you in full.

• They must reroute you to your final destination at the earliest opportunity, which can include alternative flights or even booking seats with another airline.

• Finally, they can reroute you to your final destination at a later date convenient to you. Again, this could include booking on alternative flights or even with other airlines.

You are also entitled to the below assistance: 

• Two free phone calls, faxes or emails 

• Free meals and refreshments appropriate to the length of the delay 

• Free hotel accommodation and transfer if an overnight stay is required

2. Cancel your flight and receive a refund 

• If you choose to refund your flight, you must receive a refund of the full cost of the flight within seven days 

• However, once you receive the refund you will no longer be able to claim any further expenses from the airline 

• This option is also available if the delay lasts for five or more hours, but the flight isn’t cancelled 

Can you receive compensation for a flight delayed or cancelled by strikes?  

Your right to compensation will depend on the circumstances of the strike and the airline (remember that Blue Islands is different).

Compensation can't be claimed for ‘extraordinary circumstances’ as these are not under the airline's control, such as adverse weather conditions.

Third party strikes, such as those by airport baggage handlers, would also not be considered the responsibility of the airline. However, when strikes are carried out by an airline's own employees, then they are held accountable for the payment of passenger compensation. 

Compensation, even for airline strike action, is ultimately only entitled under EU law if you hear from the airline that your flight is cancelled, less than 14 days from the date that you’re due to fly. If they warned you of the cancellation at least two weeks before your scheduled departure, you will not be able to get compensation but will still be able to receive a refund.

Below are the types of compensation you may be eligible for. Provided that you qualify in one of the categories below, you’re entitled to the following: 

• Two free phone calls, faxes or emails

• Free meals and refreshments appropriate to the delay 

• Free hotel accommodation and hotel transfers if an overnight stay is required

You must qualify in one of these categories to be entitled to the above: 

• If a flight under 932 miles is delayed for at least two hours 

• If a flight within the EU that is more than 932 miles is delayed for at least three hours 

• If a flight that isn’t within the EU but is between 932 and 2,174 miles is delayed for at least three hours 

• If any other flight is delayed for at least four hours