The Andalusian Federation of Consumers and Users Associations (FACUA) has stated that passengers who could be affected by the Ryanair cabin crew strike have the right to compensation of between 250 and 600 euros and a refund of the ticket at the in case the flight is cancelled.
From the organization they have recalled that European Regulation 261/2004 establishes a series of compensations in case of cancellation of flights. Thus, article 7 of the regulations states that “passengers will receive compensation worth 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, and 600 euros for all other flights.
The cabin crew unions USO and Sitcpla have announced 24-hour strike days for the next days June 24, 25, 26 and 30, as well as July 1 and 2, to get the airline to resume the negotiations of the first collective agreement. Although the company has not yet announced any flight cancellations, it is foreseeable that certain routes may be affected.
The association also reminds the airline that a judgment of the Court of Justice of the European Union (CJEU) of April 2018 determined that a workers’ strike is not considered within the concept of “extraordinary circumstances” -which exempts from delivering the amounts- for what the company cannot deny to the compensations that are demanded to him either.
As exceptions, the airline must not provide such compensation if users are informed of the cancellation “at least two weeks in advance of the scheduled departure time” or “they are informed of the cancellation two weeks in advance and seven days before the scheduled time of departure and are offered alternative transportation that allows them to depart no more than two hours before the scheduled time of departure and arrive at their final destination less than four hours before delay with respect to the scheduled arrival time«.
Nor if they are informed “less than seven days before the scheduled departure time and are offered to take another flight that allows them to depart no more than one hour before the scheduled departure time and arrive to its final destination less than two hours after the scheduled arrival time«. Therefore, the company cannot refuse the compensation that is required of it.
Pursuant to article 7, the company could reduce these compensations by 50% in the event that it offers an alternative transport to the passenger with a difference in arrival time with respect to that of the initial flight «which is not greater than two hours, for all flights of 1,500 kilometers or less”, “not exceeding three hours, for all intra-community flights over 1,500 kilometers and for all other flights between 1,500 and 3,500 kilometers” or “not exceeding four hours» for all other flights.
The CJEU, in addition, ruled in another judgment of May 2017 that the right to receive these compensations is extended to those cases in which the flight is not canceled, but suffers a delay of more than three hours from its arrival at the final destination. .
