KLM refusing to reimburse delayed passengers

Pootle1

My wife and I were delayed for 13 days flying back from South Africa. I telephoned KLM Customer Services in the UK to ask where I should send my claim for reimbursement. The representative told me that they would not be paying claims because the event was a natural disaster and not the fault of the airline.

I pointed out that European Law requires them to pay, regardless of the cause. The representative replied "Yes we know, but that is the decison of the directors".

This is illegal. What can I do?

Barneysmom

We have the same thing as you. We were stuck in South Africa but it was Emirates airline...
I don't think any of them will pay out.

fifeken

Barneysmom wrote: »

We have the same thing as you. We were stuck in South Africa but it was Emirates airline...
I don't think any of them will pay out.

Emirates are a non-EU airline and your departure airport is also non-EU so they have no obligation to help you out. KLM may need taken to court.

spiro

KLMs T&Cs only makes mention of rights to EU passengers on flights 'leaving' the EU but the link does not take you to tell you about these rights.

"4. Passenger Rights
Depending on applicable (European) law, a Passenger may qualify for certain passenger rights in case of denied boarding, cancellation or delays. For flights departing from countries in the European Community these passenger rights can be reviewed on Carrier’s website (www.klm.com). "

The Air France website says "2.3 In the cases referred to in paragraph 2 of this article and except as otherwise provided for by the Convention or the European law in force, the choices offered in sub-paragraph (b) are the only choices the Carrier is obliged to offer the Passenger."
The choices refered to are refund or rebook only.

Suggest anyone who is not provided for under the 'duty of care' write a letter of compalint to KLM. If the result comes back say 'we dont accept liablility' or something similar contact the Dutch authorities:

http://www.ivw.nl/english/topics/avi...ing/index.aspx

Voyager2002

Pootle1 wrote: »

My wife and I were delayed for 13 days flying back from South Africa. I telephoned KLM Customer Services in the UK to ask where I should send my claim for reimbursement. The representative told me that they would not be paying claims because the event was a natural disaster and not the fault of the airline.

I pointed out that European Law requires them to pay, regardless of the cause. The representative replied "Yes we know, but that is the decison of the directors".

This is illegal. What can I do?

Since KLM is an EU airline, they are in fact obliged to provide "care", which means meals and hotels. If they have any presence in the UK, then you could enforce your right through the Small Claims court.

eslick

Hi Guys there is a Facebook page to try and get this into the media spotlight. Appreciate if anyone could sign up to the campaign.

Thanks

http://www.facebook.com/pages/Help-For-KLM-AirFrance-Customers-stranded-by-the-Ash-Cloud/125375597479805?v=wall#!

bigturnip

I suspect they will pay eventually, this is probably just a standard response because they hope it will mean some people just go away. After a complaint they might offer something and make out it's a goodwill gesture, but stick to your guns and I suspect they will give in before anybody actually gets to court and pay in full as long as the claims aren't outrageous.

dmg24

Cityboy wrote: »

You could write to them with your claim to

KLM Cityhopper UK Ltd
Skyway House
Parsonage Road
Takeley
Bishops Stortford
CM22 6PU

Give them 7 days to respond to a Letter before Action before you commence court action.

That will ensure they sit up and take notice.
You should also copy your correspondence to the AUC (www.auc.org.uk)

That is the address for Cityhopper. They are a separate part of the KLM family, and will not deal with a long haul route.

Pootle1

Yesterday I received the following email from KLM. KLM did NOT attempt to contact me, and the telephones in South Africa were NOT answered. I was in Cape Town, not Johannesburg. No repatriation flights were provided to Cape Town.

The whole thing is riddled with ridiculous lies. I don't think KLM even READ my compensation claim letter. I am angry and insulted.

What should I do now? Should I accept?

> Claim Noxxxxxxxxxx KL xxx 1xxxxxxxx
>
> Dear Mr Coetzee
>
> In spite of this totally unexpected and unprecedented situation, KLM
> made every effort to offer you the best assistance possible under
> these exceptional circumstances:
>
> We mobilised teams worldwide, dedicated to keeping our valued
> passengers up-to-date on any developments; We provided assistance and
> accommodation to the majority of passengers in transit at our hubs in
> Paris and Amsterdam, subject however to hotel availability; We changed
> our customers¿ reservations or refunded their tickets free of charge;
> We operated extra flights to repatriate stranded customers as quickly
> as possible after the reinstatement of our operations.
>
> Despite all these measures, you unfortunately had to organize your own
> accommodation in Johannesburg.
>
> As a gesture of goodwill, but without acknowledging any liability, we
> would like to offer you the reimbursement of your accommodation costs
> and other necessary expenses for your first night to the value of EUR
> 200 upon presentation of the relevant original receipts. Because the
> situation was due to extraordinary circumstances, we are unable to
> honour your request for compensation.
>
> We truly regret that these exceptional circumstances disrupted your
> trip and hope that your next flight with KLM will be to your entire
> satisfaction.
>
> Yours sincerely, Kristine Omokhodion KLM Customer Care

Voyager2002

Pootle1 wrote: »

Yesterday I received the following email from KLM. KLM did NOT attempt to contact me, and the telephones in South Africa were NOT answered. I was in Cape Town, not Johannesburg. No repatriation flights were provided to Cape Town.

The whole thing is riddled with ridiculous lies. I don't think KLM even READ my compensation claim letter. I am angry and insulted.

What should I do now? Should I accept?

In one respect the letter from KLM is correct. They are not under any obligation to pay "compensation" and if you use that word you give them an excuse to 'misunderstand' and delay doing anything. Write back, and be very clear that what you want, and are entitled to get, is "care". Which in this context means the cost of hotel rooms and meals throughout the period of the delay.

Coupon-mad

I feel for the OP as I am getting the same runaround from Monarch Airlines after we were stranded for a week in Lanzarote. I think it could end up in Small Claims Court in our case.

As has been said you cannot get 'compensation' for flights delayed/cancelled due to the ash cloud, as these were 'extraordinary circumstances'. So don't use that word compensation in any letter.

Here the Air Transport Users' Council explains your rights under EC Regulation 261/2004:

http://www.auc.org.uk/default.aspx?catid=306&pagetype=90&pageid=6547

They can advise you if you keep getting a brick wall response from KLM, and can also contact the Airline on your behalf I think, have a read of the rest of their website.

Failing that, it's Small Claims Court.