Smartwings strike compensation.
Are you eligible for it? How much can you claim? What are the rules?
Many flyers are not aware that strikes are not always considered extraordinary circumstances. If Smartwings staff (excluding airport staff) initiates a strike, resulting in flight delays or cancellations, passengers may be eligible to claim flight compensation from Smartwings. Additionally, affected passengers have the right to receive care and assistance.
You have the option to claim this compensation on your own or you can take assistance from a flight compensation firm.
1. Smartwings Strike Compensation
The criteria for being eligible for Smartwings strike compensation are quite simple.
The flight must have either been delayed or completely cancelled:
- The delay in the flight must be no less than 3 hours, counted from the point when the aeroplane doors open at the destination, enabling passengers to disembark. If the delay extends to 3 or more hours past the scheduled arrival time, passengers might have the right to flight delay compensation.
- The cancellation of the flight must be at the last minute. A last-minute flight cancellation is when a flight is cancelled up to 14 days prior to the departure date. In these situations, you might be entitled to Smartwings flight cancellation compensation (not just a Smartwings refund for cancellation).
In essence, this isn’t specific compensation for Smartwings strikes, but rather a compensation for flight delays or cancellations.
These regulations are applicable to all Smartwings flights to, from, and within Europe.
By Europe and EU here on this page (and on this website in general) we mean all EU Member States, the United Kingdom (UK), Guadeloupe, French Guiana, Martinique, Reunion, Mayotte, Saint Martin (French Antilles), the Azores, Madeira, the Canary Islands, Iceland, Norway, and Switzerland.
1.1 Extraordinary Circumstances
Remember, strikes by airline staff do not fall under the category of extraordinary circumstances.
Just as technical problems and staff shortages are not considered extraordinary circumstances.
Airlines may occasionally label a delay or cancellation as an extraordinary circumstance, even when it’s not. It’s always a good idea to directly reach out to the airline for accurate information during flight delays or cancellations. Airlines may claim that a delay or cancellation was due to extraordinary circumstances, even if it wasn’t, to avoid compensating passengers. This is because the classification of extraordinary circumstances exempts them from the responsibility to pay.
Therefore, it’s always a good idea to double-check the information provided by the airline before accepting it. It is highly recommended to verify all details regarding flight compensation and refunds.
Read more:
- Your Smartwings Refund Is Taking Forever. Here’s What You Can Do
- Your Smartwings Compensation Claim Is Denied. Now What?
1.2 Right to Care
In instances when you are required to wait more than expected, you have a right to care.
This entitles you to certain complimentary services. For instance, if your waiting time at the airport exceeds three hours, you could be eligible for a free meal and beverage. Moreover, if the delay extends beyond three hours during the night, you might qualify for complimentary accommodation and airport transfers.
As per the law, Smartwings must offer these services to passengers depending upon the length of their wait. If you haven’t received any assistance, please get in touch with Smartwings staff at the airport.
2. How to Claim Smartwings Strike Compensation?
Securing Smartwings strike compensation is possible in two ways.
To claim compensation for a Smartwings strike yourself, you have the option of reaching out to Smartwings directly. This can be done by visiting their website and making a compensation request through their customer support team. Bear in mind, though, that this approach may prove time-consuming and negotiation could be required to arrive at a satisfactory resolution.
An effortless alternative is to seek legal assistance.
To avoid any difficulties, you have the option to let legal professionals handle your case. In Europe, there are specialized firms that exclusively handle flight-related issues and can take care of everything for you. All you need to do is fill out one form, the compensation claim form. Our partners provide such services.
When choosing this option, here is all you will have to do:
And that’s it — the rest is handled by professionals.
* Your boarding pass and passport or ID copy.
Read more: How to Claim Smartwings Compensation?
2.1 How Long Does It Take?
Wondering about the estimated timeline to receive compensation?
Typically, the process takes at least 2-3 months. Recently, there have been many cases where the timeline has been extended, particularly if you’ve filed a claim on your own and the airline chooses to ignore it.
Remember, it’s not a swift process, so patience will be key.
3. How Much Can You Claim?
How much is Smartwings strike compensation?
Similar to compensation for flight delays, cancellations, and denied boarding, the amounts are predetermined and fall within the range of €250 to €600, in accordance with EU regulations.
Below is a guide on how to calculate your Smartwings compensation:
When your destination is within the EU/UK:
€250
If the distance of your flight is
up to 1,500 km
€400
If the distance of your flight is between 1,500 – 3,500 km
When your destination is outside the EU/UK:
€250
If the distance of your flight is
up to 1,500 km
€400
If the distance of your flight is between 1,500 – 3,500 km
€600
If the distance of your flight is more than 3,500 km
3.1 Smartwings Voucher Refund or Cash?
It’s not uncommon for airlines, including Smartwings, to propose vouchers as a form of compensation. This method is typically more cost-effective for the airlines as compared to disbursing cash refunds and compensation.
Nevertheless, you are entitled to refuse the Smartwings voucher and demand a cash refund or a bank transfer instead. As per EU law, airline compensation and refunds should be tendered in cash or via bank transfer, and it’s crucial to request your refund in this manner.
Smartwings Strike Compensation: FAQ
My flight was very cheap. Can I still get compensation?
Yes.
The price of the ticket doesn’t matter.
If your flight is eligible, you can get compensation even if your ticket was very cheap. The cheap price of your ticket also doesn’t affect the compensation amount.
Do I need to have travel insurance in order to claim compensation?
No, you don’t.
According to Regulation EC 261/2004, you don’t need to have travel insurance to get compensation. Just like the price of the ticket doesn’t matter, insurance doesn’t matter, too.
Can my child get compensation from Smartwings?
Yes.
If your flight is eligible to compensation (EU flight delay compensation / flight cancellation compensation / denied boarding compensation), both you and your child/baby can get compensation. Even if you travelled with an infant who had a special infant ticket.
You and your child will get the same amount.
Can I claim compensation for another person?
Yes, you can.
You can claim compensation for a friend, relative, family member or acquaintance. Even if you weren’t on that flight yourself.
You can file a compensation claim for them, as long as they provide you with a boarding pass and passport copy. They will also have to sign all documents Smartwings or a flight compensation company might ask to sign.
How far back can I claim compensation?
It depends on the laws of the country.
In most European countries you can claim compensation for old flights too. Even if that flight was 2-3 years ago. However, for the best results, we would recommend you to make a claim as soon as you return from your trip.
What to do if Smartwings is refusing to pay compensation?
Smartwings is refusing to pay compensation even though you are entitled to it.
What to do in such a situation? The best way is to hand over your case to a flight compensation company. They will continue the process on your behalf.
Alternatively, you may contact the respective national enforcement body and ask them to help solve your case. There are national enforcement bodies in all the EU Member states.
EU – Non-EU Flights, Tourists
I’m flying to the EU from a country outside the EU. Can I get compensation?
If you’re flying with Smartwings, you can.
If your flight is eligible, you can get compensation even if the flight departed from a country outside the EU. Because according to the EU Flight Compensation Regulation 261/2004, you are protected under the law on all Smartwings flights.
I’m flying from the EU to a country outside the EU. Can I get compensation?
If you’re flying with Smartwings, you can.
You are protected under the EU law on all Smartwings flights.
I am not a citizen of the EU. Can I get compensation?
Yes, you can.
All passengers are protected in the EU.
No matter the nationality.
Other Situations
Smartwings gave me a free flight to my destination and a free hotel stay. Can I still get compensated for the delay?
Yes.
If your flight is eligible, you can get compensation even if you received care from the airline and a new flight. It doesn’t affect your chances of receiving this compensation.
Smartwings took me to my destination. Can I still get compensation?
Yes, you might.
If your flight is eligible, you can get compensation even if the airline booked you on a new flight for free. Accepting a free replacement flight doesn’t affect your chances of receiving flight compensation compensation.
Have you ever had an experience with Smartwings strike compensation or refund? Did Smartwings pay the compensation in timely manner? Do you still have questions about Smartwings compensation policies? Ask in the comments.