Refunds and Compensation for Asiana Airlines Strike

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

Passenger Rights Under EU 261/2004

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

Right to Compensation

The European Union regulation states that if you are protected by EU 261, you are entitled to claim compensation if a wildcat or planned strike of the airline’s workers disrupts your flight. It is worth noting, such situations do not qualify as “extraordinary circumstances” i.e., those beyond the airline’s control.

Flight Cancellation Compensation

In line with 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 scheduled travel 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. However, this flight should also meet specific 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 primary factors that affect the amount of compensation are the flight distance and the delay time. 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 are entitled to compensation if the flight delay caused by an airline strike lasts at least three hours.

As for 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 either cancelled or delayed for 5 or more hours, the passenger is entitled to more substantial rights. There are two options for you to choose 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 cancelled or delayed flight resulting from an airline strike, passengers also have 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. When your flight is rescheduled for the next day, the airline is obliged to provide you with a hotel, as well as transport from the airport to the hotel and back.

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 need to understand specific rules and your rights:

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

In case of downgrading: if your class is downgraded, the airline is obligated to reimburse you. Furthermore, the compensation in this case 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 rules apply to all flights within the EU; besides, 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 situations in which 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 significantly affect aviation (it can be a national labor or air traffic strike); however, such occasions are not under an airline’s control, and it’s not their fault that this situation occurs. Therefore, the airline is not obligated to pay compensation for disrupted flights.

Although many instances 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 it has 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?

European Union Regulation 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, Asiana Airlines isn’t a European airline. Therefore, 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 Asiana Airlines Strike Compensation

Dealing with flight delays or cancellations due to strikes is always frustrating. It can spoil your trip but also create problems – emotional, financial, etc. To claim compensation for this inconvenience, proceed with these steps:

1. Fill in this form. You’ll need to provide details such as your flight number, date, and what went wrong.
2. Let our experts help you. Once you submit the form, our team will take over. We understand the EU laws well and will do our best to obtain your rightful compensation. You only incur a fee if we win your case.

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