With the arrival of the summer season and large tourist flows, strikes in the air transport sector promptly return to threaten the holidays of millions of travellers. Whether it is the flight staff, the air traffic controllers (ATC) or the baggage and ground handlers, the result for the passenger does not change: holidays that risk being skipped or starting off on the wrong foot.

In this scenario of general chaos, airlines often exploit passengers' misinformation by dismissing every single cancellation under the heading "force majeure" or "exceptional circumstance", declining any responsibility.(ed. No type of refund or compensation is due in such cases) .

We have therefore decided to shed some light on a fundamental legal distinction that determines whether you are entitled to financial compensation or "only" to welfare protection.

Are all strikes the same?

Not all strikes are equal under European law (EC Regulation 261/2004). The jurisprudence of the Court of Justice of the European Union has drawn a clear line of demarcation between strikes internal to the airline and external strikes coordinated by corporate or institutional third parties. Let's look at them one by one:

HYPOTHESIS A. Airline Staff Strike (INTERNAL)

If the ones who fold their arms are the pilots, flight attendants or technical staff employed by the same airline you are flying with (e.g. Wizz Air or Ryanair pilots' strike),the strike is NOT an exceptional circumstance. Personnel management is part of normal business activity. Consequently, in the event of a cancellation or delay of more than 3 hours, you are fully entitled tofinancial compensation from €250 to €600, in addition to the refund of the ticket or rerouting on another flight.

HYPOTHESIS B. Strike of Airport Handlers or Flight Controllers (EXTERNAL)

If the strike involves airspace flight controllers (e.g. ENAV), airport security personnel or baggage loading/unloading and ground services workers (handlers), the situation changes. Since these are third parties and independent of the carrier, the strike is classified asexceptional circumstance. In this specific case, the airline is exempt from paying monetary compensation of 250-600 euros.

The right to assistance: ALWAYS mandatory (Even in the event of an external strike)

Attention: the fact that a handler or controller strike relieves the airline from paying you monetary compensation,it doesn't relieve her of the obligation to take care of you at all.

This is where they registerthe most serious violations during seasonal peaks.

Regardless of the cause of the strike, if your flight is canceled or delayed for a long time, the airline must guarantee you free of charge:

• Meals and drinksdepending on the length of the wait.
• Hotel accommodationif departure is postponed to the following day.
• Transferfree from the airport to the hotel and vice versa.
• Flexible Choice:Re-routing on the first available flight (even with other companies) or full refund of the ticket within 7 days if you decide to give up the trip.

What to do if the company abandons you at the airport?

If the ground staff goes missing or you are told that“since it is an airport strike you are entitled to nothing”, buy food, water or a hotel room on your own.Keep jealously all tax receipts and invoices(not bank statements). Passeggero al Sicuro will help you request a full refund down to the penny.

But be careful… the most important thing is that:

YOU CAN BUY A NEW TICKET TO REACH YOUR FINAL DESTINATION and WE WILL MAKE YOU REFUND IT!

Guarantee Bands in Italy: A legal parachute

If you fly to or from an Italian airport, remember that national law protects passengers by imposing restrictionsguarantee time slotsduring which flights must be carried out, even in the event of a declared strike.

The bands gofrom 7:00 to 10:00Andfrom 6.00pm to 9.00pm.

Before giving up, check the official time of your flight: if it falls within these ranges, the company is obliged to let it depart.

4. Survival Checklist in the event of a Strike

1. Monitor flight status:Check the airline's app and the website of your departure airport within the previous 24 hours.
2. Check the list of guaranteed flights:ENAC (National Civil Aviation Authority) publishes on its official website the exact list of flights that will still depart despite the strike.

Did they cancel your flight due to strike? Don't be fooled

Airlines tend to classify every strike as an "unforeseeable event" so as not to pay the compensation due by law. The legal team ofPassenger Safeanalyzes for free the nature of the strike that blocked your flight, cross-referencing the airport data to find out if you are entitled to financial compensation (up to €600) or reimbursement of documented extra expenses.

Click hereto entrust us with your practice at no cost: fill out the verification form in less than two minutes!