ASKY: delayed, cancelled or overbooked flight, your rights

ASKY flight delayed, cancelled, overbooked or disrupted by a strike? Depending on the direction of travel and the point of departure, you may be entitled to fixed compensation of up to €600 per passenger (EU Regulation 261/2004), or to reimbursement of your actual costs (Montreal Convention). Free eligibility check by Robin des Airs, no upfront fee.

ASKY is a non-European carrier (Togo). EU Regulation 261/2004 applies to its flights only if they physically depart an EU airport. Departing Lomé towards Europe, the fixed amount is not owed; it is the Montreal Convention that then covers proven actual loss (hotel, meals, transport, but also a missed appointment or lost non-refundable service, on production of evidence).

ASKY in brief

• Country of registration: Togo
• Main hub: Lomé
• Status under EU Regulation 261/2004: non-European carrier, covered only when departing the EU

ASKY refunds: ticket price vs compensation

Two different things are often confused. The ticket refund, with the option of re-routing, is owed by ASKY as soon as it cancels a flight, whichever direction. Where there is simply a delay of 5 hours or more, only the refund is available, and only if you give up the journey (art. 6(1)(iii) and art. 8(1)(a) of the regulation): what comes back is the price you paid. The fixed compensation under EU261/2004 (up to €600) is a separate right, which is added to the refund and does not depend on the ticket price, only on the distance and direction of the flight. The two are cumulative where EU261 applies.

ASKY delayed flight

The delay is measured on arrival (when the doors open), not at departure. From 3 hours' delay onward, the fixed amount is owed, with no need to prove financial loss: €250 up to 1,500 km, €400 between 1,500 and 3,500 km, €600 beyond.

ASKY's excuses: valid or not

Valid excuses: extreme weather, airspace closure, air traffic control strikes, bird strike or debris on the runway. Even then, the airline must prove it took all reasonable measures to limit the delay.

Invalid excuses (compensation remains due): a technical fault on the aircraft, even an unforeseen one (Wallentin-Hermann and van der Lans, CJEU), the aircraft running late on its previous rotation, understaffing or internal organisational problems.

ASKY cancelled flight

If ASKY cancels your flight and informs you less than 14 days before departure, you are entitled to the compensation per passenger, plus either a ticket refund OR re-routing, at your choice. These two rights are cumulative (art. 7 and art. 8 of the regulation). A travel voucher only replaces a cash refund if you accept it: you can refuse it and insist on a bank transfer.

Note: being told less than 14 days in advance does not always trigger compensation on its own. If ASKY offers re-routing at times very close to the original flight, it may escape payment in certain specific cases. Details of the three scenarios (in French).

Missed connection with ASKY

Did ASKY cause you to miss your connection? If your ticket is a single booking covering the whole journey, the delay is measured at your final destination, whichever leg caused it (Folkerts, CJEU 2013).

As ASKY is a non-European carrier, coverage depends on the rest of the itinerary: if another leg of the same booking is operated by a European carrier, or departs an EU airport, the final delay may trigger the fixed amount. If the whole journey stays outside the scope of the regulation, only the Montreal Convention applies.

Be careful: if you bought two separate tickets rather than a single booking, the protection is far weaker, as each flight is assessed independently.

ASKY overbooking / denied boarding

Involuntary denied boarding (overbooking) opens the same rights as a cancellation. Article 4 of EU Regulation 261/2004 requires the airline to first call for volunteers before denying boarding to anyone. If you are denied boarding against your will, you are entitled to the fixed compensation (up to €600), plus care and assistance (meals, accommodation where necessary) and a refund or re-routing at your choice.

Unlike a cancellation, overbooking admits almost no excuse: it is a commercial decision by the airline, never an extraordinary circumstance.

Strikes and ASKY flights

It all depends on who is striking. A strike by ASKY's own staff (pilots, cabin crew, ground staff employed by the airline) is not an extraordinary circumstance: the CJEU so held in Krüsemann, taking the view that an employer must anticipate this type of social risk. Compensation remains due.

A strike by third parties outside ASKY (air traffic controllers, airport staff not employed by the airline, a national general strike) may, however, be a valid extraordinary circumstance, provided ASKY proves it took all reasonable measures to limit the impact.

How to contact ASKY about a claim

ASKY handles direct claims slowly, often without a reply for several months. Before writing yourself, keep your boarding pass, your e-ticket and any delay or cancellation notification: these are the documents that make the difference if the airline refuses or stays silent.

How long do you have to claim?

5 years before the French courts (art. 2224 of the French Civil Code) for the EU261 compensation, whichever of the situations above applies. An ASKY flight disrupted two or three years ago can still be claimed today.

How to claim with Robin des Airs

A specialist in the Africa-Europe corridors, Robin des Airs checks whether your ASKY flight qualifies (direction, distance, cause of the delay), builds the file, sends the claim and challenges refusals. Nothing to pay if nothing is recovered. You receive 75% of the sums recovered at the amicable stage, and 60% if the airline forces us to go to court.

→ File my ASKY claim in 2 min