Refunds and Compensation for Philippine Airlines Strike

Flight delays or cancellations due to airline strikes can be annoying, but there is good news for passengers. There is a regulation called EU 261 that protects you. It says that airlines must issue compensation if your flight is delayed or cancelled because of a strike. In this article, we will clarify what EU261 is and how it can help you.

Passenger Rights Under EU 261/2004

Now let’s explore the specifics of EU Regulation 261/2004. In the following sections, you will discover your entitlement to compensation and what benefits you can expect in case of a flight disruption.

Right to Compensation

The European Union regulation stipulates that if you are protected by the EU 261/2004, you are entitled to seek compensation if a wildcat or planned strike by airline workers disrupts your flight. It is worth noting, that both cases do not qualify as “extraordinary circumstances” meaning circumstances the airline cannot control.

Flight Cancellation Compensation

Under EU Regulation 261, you may be eligible for compensation of up to €600 if your flight is cancelled and the airline does not notify you of the flight cancellation within two weeks before your scheduled travel date.

However, as is frequently the case, there are exceptions you should be aware of. In particular, the airline is entitled to refuse compensation if they choose to offer you an alternative flight. Though this flight must also meet certain requirements:

• If your flight is over 3,500 km, your replacement flight must arrive at the point of destination with a delay of less than 4 hours;
• If your flight is 1,500-3,500 km, your replacement flight must arrive at the point of destination with a delay of less than 3 hours;
• If your flight is less than 1,500 km, your replacement flight must arrive at the point of destination with a delay of less than 2 hours;

If you agreed to the alternative flight provided by the airline but arrived at your final destination later than you were supposed to, you are still eligible to claim compensation.

The main factors that affect the amount of compensation are the flight distance and the delay time. Check the table below for compensation amounts:

Under 2 hours	2-3 hours	3-4 hours	Over 4 hours	Never arrived	Distance
€125	€250	€250	€250	€250	All flights 1,500 km or less
€200	€200	€400	€400	€400	Internal EU flights over 1,500 km
€200	€200	€400	€400	€400	Non-internal EU flights 1,500 km- 3,500 km
€300	€300	€300	€600	€600	Non-internal EU flights over 3,500 km

Flight Delay Compensation

Delays caused by airline strikes of any duration can be frustrating and can significantly disrupt your plans. You may be eligible for compensation if the flight delay resulting from an airline strike lasts at least three hours.

Regarding the possible compensation amount that passengers could be entitled to, there are two crucial factors to consider: the duration of the delay and the flight distance. Check the table below for compensation amounts:

Less than 3 hours	Between 3-4 hours	Over 4 hours	Distance
€0	€250	€250	All flights up to 1500 km
€0	€400	€400	All flights between 1500 km and 3500 km
€0	€400	€400	All intra-EU flights over 3500 km
€0	€300	€600	All non-EU flights over 3500 km

Ticket Refund or Alternative Transportation

In the rare situations when a passenger’s flight is delayed for 5 or more hours or cancelled, the passenger has more significant rights. You have two options to select from:

• You can refuse the delayed or cancelled flight and choose a full refund, meaning that you will also cancel your planned trip, and there won’t be a financial penalty for this.
• You can agree to use an alternative flight that the airline arranges for you.

As you can see, you have the right to select the option that meets your needs.

Right to Care

In addition to compensation for a disrupted flight due to an airline strike, passengers are also entitled to the right to care. Therefore, the airline is required to provide passengers with food, beverages, and the opportunity to make two phone calls, fax messages, and emails. If your flight is rescheduled for the next day, the airline is obliged to provide you with a hotel, as well as transportation between the airport and the hotel.

Upgrading and Downgrading

In some instances, it occurs the airline may either downgrade or upgrade your flight’s class when providing an alternative flight. In such cases, you should know about specific rules and your rights:

In case of upgrading: if your class has been upgraded, you don’t need to pay extra for this advantage.

In case of downgrading: if your class is downgraded, the airline is obligated to reimburse you. Again, the compensation here entirely depends on the distance of the flight:

• 30% of the cost of the flights that are 1,500 km or less;
• 50% of the cost of t is an intra-EU flight over 1,500 km; also, if these are all other flights that are 1,500-3,500 km;
• 75% of the cost of the flight is 3,500 km and more.

These rules cover all flights inside the EU; besides, these rules cover flights that are either departing from or arriving in the European Union on airlines based in the EU.

When Are You Not Entitled to Compensation?

Unfortunately, you should understand that in cases when the airline cannot influence or prevent the strike, there will be no compensation for passengers. Let’s take an example: any labor dispute may considerably affect aviation (such as a national labor or air traffic strike); however, such situations are not under the airline’s control, and it’s not their fault that this situation occurs. Therefore, an airline is not required to pay compensation for disrupted flights.

Although many cases of strikes are not covered by EU261 and are classified as “extraordinary circumstances”, this doesn’t automatically mean that the airline will not provide compensation.

According to the ECJ ruling of 11 June 2020 (Case C-74/19), the airline must prove they have done everything possible to avoid a strike. If the airline cannot prove it, it is required to pay passengers compensation for flight disruptions.

Which Flights are Covered by EU 261/2004?

European Union Regulation 261 covers all flights departing from European Union airports. It also applies to flights arriving in the EU if the airline is based in the EU. This includes airlines from EU countries as well as Iceland, Norway, and Switzerland.

However, Philippine Airlines isn’t a European airline. Consequently, they aren’t required to issue compensation if their flights operate outside the European Union. This is true even for their flights to the European Union if they start outside the EU.

Itinerary	Covered by EU 261
Flights departing from EU airports	✔️ Yes
Flights arriving at EU airports	❌ No

How to Get Philippine Airlines Strike Compensation

Dealing with flight cancellations or delays due to strikes is always frustrating. Such situations can not only ruin your trip but also create problems – emotional, financial, etc. To get compensated for this inconvenience, follow these steps:

1. Complete this form. You’ll need to provide details including your flight number, date, and what went wrong.
2. Let our experts help you. Once you submit the form, our team will handle the rest. We are well-versed in the EU laws well and will strive to get you your compensation. You are only charged if we win your case.

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