Refunds and Compensation for Thai Smile 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 stipulates that airlines must issue compensation if your flight is cancelled or delayed due to a strike. In this article, we will clarify what the EU 261 regulation is and how it can help you.

Passenger Rights Under EU 261/2004

Now let’s focus on the specifics of EU Regulation 261. In the following sections, you will discover your eligibility for 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 affects your flight. It’s important to note, such situations do not qualify as “extraordinary circumstances” which are events outside the airline’s control.

Flight Cancellation Compensation

According to EU Regulation 261, you are entitled to compensation of up to €600 if your flight is cancelled and the airline does not notify you of the flight cancellation within 14 days before your planned departure date.

Yet, as it often happens, there are exceptions you should be aware of. In particular, the airline has a right to refuse compensation if they choose to offer you an alternative flight. However, this flight is required to 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 offered by the airline but arrived at your final destination later than you were supposed to, you are still eligible to claim compensation.

The primary factors that affect the amount of compensation are the flight distance and the duration of the delay. See the table provided 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 due to airline strikes of any duration can be frustrating and can significantly disrupt your itinerary. You may be eligible for compensation if the flight delay resulting from an airline strike lasts a minimum of three hours.

Regarding the possible amount of compensation that passengers can expect, there are two key factors to consider: the duration of the delay and the flight distance. Check the table provided 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 obtains more substantial rights. You have two options to select from:

• You can refuse the cancelled or delayed flight and choose a full ticket 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 choose the option that meets your needs.

Right to Care

In addition to compensation for a disrupted flight resulting from an airline strike, passengers are also entitled to the right to care. So, the airline must provide passengers with meals, 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 transport to and from the hotel.

Upgrading and Downgrading

In some instances, it occurs the airline might either upgrade or downgrade your flight’s class when providing an alternative flight. In these situations, you should be aware of specific rules and your rights:

In case of upgrading: if your class has been upgraded, you won’t have to pay extra for this benefit.

In case of downgrading: if your class is downgraded, the airline is obligated to reimburse you. Again, the compensation here is based 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 regulations apply to all flights inside the EU; additionally, these rules cover flights that are either departing from or arriving in the European Union on EU-based airlines.

When Are You Not Entitled to Compensation?

Unfortunately, you should understand that in situations when the airline cannot influence or prevent the strike, there will be no compensation for passengers. Let’s take an example: any labor dispute can significantly affect aviation (such as a national labor or air traffic strike); however, such events are not under the airline’s control, and it’s not their fault that this situation happens. As a result, 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 does not 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 provide passengers compensation for flight disruptions.

Which Flights are Covered by EU 261/2004?

EU 261 covers all flights departing from European Union airports. This regulation also extends 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, Thai Smile isn’t a European airline. Therefore, they are not obliged 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 Thai Smile Strike Compensation

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

1. Complete this form. You’ll need to provide details including your flight number, date, and the problem you faced.
2. Let our experts help you. Once you submit the form, our team will manage the process. We understand the EU laws thoroughly and will do our best to obtain your rightful compensation. You only incur a fee if we win your case.

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