Centipede100 wrote: »
Just to clarify, the first leg of your daughter's journey was from BHX to AMS on a KLM flight which was delayed to the extent that she missed the connection onto the China Airlines flight from AMS to BKK. She arrived in BKK more than 4 hours later than originally scheduled.
If my summary is correct, then each passenger on the reservation is entitled to 600 euros compensation. The airline will inevitably claim that the delay is due to technical issues and extraordinary circumstances but the ECJ has ruled in both the Sturgeon and Wallentin-Hermann precedent cases that Technical Issues would not normally be a valid defence under the Regulation.
Your daughter's hand will be further strengthened at the end of February when the ECJ hands down judgment in the Folkerts case. This concerned a passenger who was delayed on their first leg for less than 3 hours, but missed their onward connection and meant that they arrived at their final destination more than 3 hours later than originally scheduled.
As the judges in the Folkerts case have not asked for a Legal Opinion from the Advocate General you can be certain that this is because the case raises no new points of law and that the precedent case law in Sturgeon for this point will be followed in the forthcoming judgment (i.e. delays of more than 3 hours arriving at the passengers' final destination may be compensated).[/QUOTE
Thank you for your reply. Indeed you have summarised it correctly.We have received a very speedy response as follows, and they still haven't really grasped the problem. At the very least they are liablke for the first leg BHX to AMS ! What I don't understand from their reply is that the booking was made on one ticket with both boarding passes issued at BHX .Any suggectons what to write next ?:mad:
Here is their reply (and they can't even get the title correcet it's Ms not Mrs!:o
Thanks .[FONT="]Subject:[/FONT][FONT="] *****KLM reference ***[/FONT]
Dear Mrs. ....,, Thank you for your reply. Unfortunately I cannot inform you differently than already done. The EU Regulation states how airlines must act according to their operation. Since this concerns a separate ticket this is not applicable. In case of all itinerary issued in one ticket the delaying airline is responsible for the continuing flights in the itinerary and issued in one ticket. In case of separate tickets there is no contract for KLM for the continuous flights issued on a different ticket. I am sorry to be of no further assistance except for the payment of the direct costs. I will await your bank details and further needed information in order to reimburse you these costs. With kind regards, PASSENGER BUSINESS Emmy Vonhof-Ormel Customer Care KLM Nederland
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