Refunds and Compensation for Air Koryo Strike

Yurii Semikopenko
30.08.2024

Flight cancellations or delays due to airline strikes can be annoying, but there is good news for passengers. There is a law called EU 261/2004 that protects you. It stipulates that airlines have to issue compensation if your flight is cancelled or delayed because of a strike. In this article, we will explain 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 EU 261, you are entitled to claim compensation if a wildcat or planned strike of the airline’s workers affects your flight. It’s important to note, such situations do not qualify as “extraordinary circumstances” meaning circumstances the airline cannot 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 about the cancellation within 14 days before your planned departure date.

However, as is frequently the case, there are exceptions you should be aware of. Specifically, the airline is entitled to refuse compensation if they decide to offer you an alternative flight. Though this flight must 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 proposed by the airline but reached 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 delay time. See the table below for compensation amounts:

Under 2 hours2-3 hours3-4 hoursOver 4 hoursNever arrivedDistance
€125€250€250€250€250All flights 1,500 km or less
€200€200€400€400€400Internal EU flights over 1,500 km
€200€200€400€400€400Non-internal EU flights 1,500 km- 3,500 km
€300€300€300€600€600Non-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 itinerary. You may be eligible for compensation if the flight delay caused by an airline strike lasts three or more hours.

Concerning the potential compensation amount that passengers may receive, there are two key factors to consider: the duration of the delay and the flight distance. See the table below for compensation amounts:

Less than 3 hoursBetween 3-4 hoursOver 4 hoursDistance
€0€250€250All flights up to 1500 km
€0€400€400All flights between 1500 km and 3500 km
€0€400€400All intra-EU flights over 3500 km
€0€300€600All 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. There are two options for you to choose 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 cancelled or delayed flight resulting from an airline strike, passengers also have the right to care. So, the airline must 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 required 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 upgrade or downgrade your flight’s class when offering 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 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 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 cover all flights inside the EU; besides, these rules apply to 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 know that in cases in which the airline cannot control or prevent the strike, there will be no compensation for passengers. Let’s take an example: any labor dispute can considerably affect aviation (such as a national labor or air traffic strike); however, such occasions are not under the 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, they are required to provide passengers compensation for flight disruptions.

Which Flights are Covered by EU 261/2004?

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

However, Air Koryo isn’t a European airline. Therefore, they aren’t required 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.

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

How to Get Air Koryo Strike Compensation

Dealing with delayed or cancelled flights due to strikes is always frustrating. It can not only ruin 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 take over. We know the EU laws well and will do our best to get you your compensation. You are only charged if we win your case.

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