Refunds and Compensation for Korean Air Strike

Flight cancellations or delays due to airline strikes can be frustrating, but there is good news for travelers. There is a regulation called EU 261/2004 that protects you. It says that airlines have to 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 details of EU Regulation 261/2004. In the following sections, you will learn about your rights to compensation and what benefits you can expect in the event of a flight disruption.

Right to Compensation

The European Union regulation states that if you are covered by the EU 261/2004, you are entitled to seek compensation if a wildcat or planned strike of the airline’s workers affects your flight. It is worth noting, such situations do not qualify as “extraordinary circumstances” meaning circumstances the airline cannot control.

Flight Cancellation Compensation

According to 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 scheduled travel date.

Yet, as is frequently the case, there are exceptions you should be aware of. Specifically, the airline is entitled to refuse compensation if they choose to offer you an alternative flight. However, 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 offered by the airline but arrived at the 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 duration of the delay. See 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 may seriously affect your plans. You are entitled to compensation if the flight delay caused by an airline strike lasts a minimum of three hours.

Concerning the possible amount of compensation that passengers may receive, there are two important things 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. 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 due to an airline strike, passengers are also entitled to the right to care. Therefore, the airline is required to provide passengers with meals, drinks, and the opportunity to make two phone calls, fax messages, and emails. If your flight is rescheduled for the next day, the airline has to provide you with a hotel, as well as transport to and from the hotel.

Upgrading and Downgrading

Occasionally it happens the airline might either upgrade or downgrade your flight’s class when offering an alternative flight. In such cases, you need to be aware of 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 is determined by 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 within the EU; additionally, these regulations 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 be aware 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 could considerably 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 happens. 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 does not automatically mean that the airline will not provide compensation.

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

Which Flights are Covered by EU 261/2004?

European Union Regulation 261 applies to all flights departing from European Union 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, Korean Air is not 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 Korean Air Strike Compensation

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

1. Complete our form. You’ll need to provide details such as your flight number, date, and the issue you encountered.
2. Let our experts help you. Once you submit the form, our team will manage the process. We understand the EU laws well and will strive to obtain your rightful compensation. You only pay us if we win your case.

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