Refunds and Compensation for Thai Lion Air Strike

Yurii Semikopenko
30.08.2024

Flight delays or cancellations due to airline strikes can be frustrating, but there is good news for passengers. There is a regulation called EU 261/2004 that protects you. It stipulates that airlines have to issue compensation if your flight is delayed or cancelled due to 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 focus on the particulars of EU Regulation 261. In the following sections, you will discover your eligibility for 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 protected by the EU 261/2004, you are entitled to seek compensation if a wildcat or planned strike by airline workers disrupts your flight. It’s important to note, 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 of the flight cancellation within 14 days before your planned departure date.

Yet, as is frequently the case, there are exceptions you should be aware of. Specifically, the airline has a right 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 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 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 due to airline strikes of any duration can be frustrating and can significantly disrupt your plans. 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 may receive, there are two crucial factors to consider: the duration of the delay and the flight distance. Check the table provided 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 cases 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 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 select the option that meets your needs.

Right to Care

Besides compensation for a cancelled or delayed flight due to an airline strike, passengers are also entitled to the right to care. So, the airline must provide passengers with food, drinks, and the opportunity to make two phone calls, fax messages, and emails. When 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 providing an alternative flight. In these situations, you should 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. 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 cover all flights inside the EU; additionally, these regulations cover flights that are either departing from or arriving in the European Union on airlines based in the EU.

When Are You Not Entitled to Compensation?

Unfortunately, you should be aware that in situations where the airline cannot influence or prevent the strike, there will be no compensation for passengers. Let’s take an example: any labor dispute could significantly 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 their fault that this situation occurs. As a result, an 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 pay compensation.

In line with 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 Regulation 261 covers 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, Thai Lion Air isn’t a European airline. Consequently, they don’t have 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.

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

How to Get Thai Lion Air Strike Compensation

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

  1. Complete our 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 strive to get you your compensation. You only incur a fee if we win your case.

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