Refunds and Compensation for Bangkok Airways Strike

Flight delays or cancellations due to airline strikes can be frustrating, but there is good news for travelers. There is a regulation called EU 261 that protects you. It stipulates that airlines must issue compensation if your flight is cancelled or delayed as a result of a strike. In this article, we will clarify what the EU 261 regulation is and how it can assist you.

Passenger Rights Under EU 261/2004

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

Right to Compensation

The European Union regulation states that if you are protected by EU 261, you have a right to claim compensation if a wildcat or planned strike of the airline’s workers disrupts your flight. Notably, such situations do not qualify as “extraordinary circumstances” which are events outside the airline’s control.

Flight Cancellation Compensation

Under EU Regulation 261, you can receive compensation of up to €600 if your flight is cancelled and the airline does not notify you about the cancellation within two weeks before your planned departure date.

However, as it often happens, there are exceptions you should be aware of. Specifically, the airline has a right to refuse compensation if they choose to offer you an alternative flight. Though this flight should 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 reached your final destination later than originally scheduled, you are still eligible to claim compensation.

The main factors that affect the amount of compensation are the flight distance and the duration of the delay. 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 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.

Concerning the possible amount of compensation that passengers could be entitled to, there are two important things 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 cases when a passenger’s flight is delayed for 5 or more hours or cancelled, the passenger is entitled to more substantial rights. You have two options to select from:

• You can refuse the delayed or cancelled 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 delayed or cancelled flight resulting from an airline strike, passengers are also entitled to the right to care. So, the airline is required to provide passengers with meals, drinks, and the opportunity to make two phone calls, fax messages, and emails. When your flight is rescheduled for the next day, the airline is required to provide you with a hotel, as well as transport to and from the hotel.

Upgrading and Downgrading

Sometimes it happens the airline can either upgrade or downgrade your flight’s class when providing an alternative flight. In such cases, you need to 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 must 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 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 be aware that in cases where the airline can’t control or prevent the strike, there will be no compensation for passengers. Let’s take an example: any labor dispute can considerably affect aviation (it can be a national labor or air traffic strike); however, such events are not under an airline’s control, and it’s not its fault that this situation occurs. Therefore, an airline is not required to pay compensation for disrupted flights.

Even though many instances 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 it has done everything possible to avoid a strike. If the airline cannot prove it, they are obliged to pay passengers compensation for flight disruptions.

Which Flights are Covered by EU 261/2004?

EU 261 applies to all flights departing from EU airports. It also covers 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, Bangkok Airways isn’t a European airline. Consequently, they don’t have to issue compensation if their flights operate outside the European Union. This applies even to 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 Bangkok Airways Strike Compensation

Dealing with flight cancellations or delays due to strikes is always frustrating. This can spoil your trip but also create problems – emotional, financial, etc. To get compensated for this inconvenience, take the following actions:

1. Fill in our 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 understand the EU laws well and will make every effort to secure your compensation. You only incur a fee if we win your case.

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