Credit: Nick Herasimenka

Berlin, July 26, 2022 – The trade union Ver.di is calling around 20,000 Lufthansa ground staff employees to a one-day warning strike on Wednesday – the background to the stalled collective bargaining negotiations. The ground staff includes technicians and logisticians, without whom no aircraft can take off. The warning strike is scheduled to last from 3:45 a.m. Wednesday until 6 a.m. Thursday. During that time, hundreds of flights are expected to be canceled or delayed. Julián Navas, air passenger rights expert at the world’s largest air passenger rights organization, AirHelp, therefore explains what rights affected passengers have:

Since 2021, strikes in the EU have been eligible for compensation
“Due to tomorrow’s warning strike, several thousand passengers will not reach their destination as planned. In the event of delays of more than three hours or cancellations, affected passengers are also entitled to compensation of up to 600 euros. At AirHelp, we made sure of this last year. In a legal dispute, we were able to convince the judges of the European Court of Justice that airlines are liable for both announced and unannounced strikes and must compensate their customers accordingly in the event of problems.   

However, this only applies if the personnel are employed by the airline. Strikes by airport personnel, air traffic control or other aviation-related services are considered extraordinary circumstances, as these strikes are not within the airline’s control. It often happens that airlines reject compensation claims from passengers with the argument that strikes are beyond the control of the airline and therefore they are not responsible for compensation. Hereby, we would like to clearly point out once again that flight disruptions caused by airline staff strikes are definitely compensable”

Passengers are entitled to compensation
“Passengers affected by a delay of three hours or more are therefore entitled to alternative transportation. The rebooking on another flight must be implemented by the operating airline itself. Domestic flights can optionally be rebooked on a rail ticket. 

If the airline does not act on its own initiative, affected passengers should set a deadline of three hours after the scheduled departure time. If the request is still not met, travelers can seek their own alternatives and charge the airline for the costs.

From a delay of more than five hours or carriage at a later time, the airline is also obliged to refund the full ticket price. In the event of delays of more than two hours and a flight distance of more than 1,500 kilometers, the operating airline must also provide passengers with meals and drinks at the airport. In addition, two telephone calls or sending of two e-mails must be made possible. If necessary, airlines must also provide accommodation and transport to it. In any case, it is advised to request this supply service from the airline.”

According to EC 261, passengers have these rights
Flight cancellations and delays may entitle passengers to compensation payments of up to 600 euros per passenger. The amount of compensation is calculated based on the length of the flight. The rightful compensation claim depends on the actual length of delay at the point of arrival as well as the reason for the cancelled or delayed flight. Affected passengers can enforce their compensation claim retroactively, up to three years after their flight date.

Exceptional circumstances such as severe weather or medical emergencies can have the effect of exempting the operating airline from the compensation obligation. Announced as well as unannounced strikes are not part of this.