Passengers affected by Easyjet strike can claim compensation of up to 600 euros
Consumers' organisation Facua states that stoppages due to workers' demands are not considered 'extraordinary circumstances'
The Easyjet cabin crew strike affected seven flights at Malaga Airport during the first day of the stoppage and six during the second. The third and last day of the strike is to take place on Friday, 27 June, leading to more cancellations.
Consumers' organisation Facua has reminded passengers that they can claim financial compensation if their flight has been cancelled as a result of the strike. In addition to the ticket refund, they can request a reimbursement for all the expenses that they have had to bear due to the strike.
According to a ruling by the Court of Justice of the European Union (CJEU) from April 2018, a workers' strike cannot be considered a result of "extraordinary circumstances", which would exempt the company from paying a compensation.
Under Article 7 of European Regulation 261/2004, "passengers will receive compensation amounting to 250 euros for flights of up to 1,500 kilometres, 400 euros for flights within the EU over 1,500 kilometres and for all other flights between 1,500 and 3,500 kilometres, and 600 euros for all other flights".
In addition, Facua reminds passengers that another ruling stipulates that they are also entitled to a compensation if their flight has been delayed for more than three hours from the scheduled arrival time.
Exceptions
There are only a few cases in which the airline does not have to provide compensation:
- If the company informs passengers of the cancellation at least two weeks in advance of the scheduled departure time;
- If passengers are given notice of cancellation between two weeks and seven days before the scheduled time of departure and are offered re-routing that allows them to depart no more than two hours before the scheduled time of departure and to arrive at their final destination less than four hours after the scheduled time of arrival;
- If passengers are informed less than seven days before the scheduled time of departure and are offered an alternative flight that allows them to depart no more than one hour before the scheduled time of departure and to arrive at their final destination less than two hours after the scheduled time of arrival.
According to the same Article 7, the financial compensation can be reduced by 50% if the airline offers another flight that arrives no more than two hours after the initial schedule, for all flights of 1,500 kilometres or less"; "no more than three hours for all flights within the EU over 1,500 kilometres and for all other flights between 1,500 and 3,500 kilometres"' or "no more than four hours" for all other flights.
Ticket refund
Whatever the circumstances and however far in advance passengers have been informed of the flight cancellation, Facua informs that those affected will always have the right to a full refund of the ticket "within seven days" or to re-routing to the final destination, according to the provisions of Article 8 of Regulation 261/2004.
Passengers can also claim a compensation for all expenses arising from the cancellation: accomodation, organised trips, connecting flights, including "moral damages for having lost their holidays or part of them, among other possible cases".
If the cancellation occurs close to the departure time of the flight, airlines have to offer passengers "sufficient food and refreshments", hotel accommodation if necessary and transfer from the airport to the hotel.
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