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Flight delay and cancellation compensation, KLM/AF ONLY

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Flight delay and cancellation compensation, KLM/AF ONLY

edited 1 July 2014 at 5:08PM in Flight Delay Compensation
918 replies 177.6K views
Centipede100Centipede100 Forumite
107 posts
edited 1 July 2014 at 5:08PM in Flight Delay Compensation
MSE Official Insert:

This discussion thread is linked to from our Flight Delays Compensation guide. Please read that for full help.
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Replies

  • We were flying from Dubai to Glasgow with a connection in Amsterdam. The flights were booked directly with KLM and both flights were on the one boarding card. We experienced a one hour delay in getting to Amsterdam due to a technical fault and this resulted in us missing our connecting flight. KLM customer service at Amsterdam was very poor, we were put on an alternative flight and arrived in Glasgow over six hours late. I sent the compensation template letter to KLM last week and received a reply to say that we were ineligible for compensation as our actual flight delay was only an hour. I have written back to say that I believe they are misinterpreting the legislation as it is the delay arriving at your final destination that counts. I am awaiting a response but just wanted to check that I am right in my understanding that when connecting flights are booked with the carrier and on the one boarding card it is the arrival at final destination that counts.
  • edited 24 January 2013 at 6:00PM
    cjkeekocjkeeko Forumite
    8 posts
    edited 24 January 2013 at 6:00PM
    There were both klm and on the one ticket, thank you for your advice. I will let you know the outcome.
  • klm any advice please. Hi I am posting on behalf of my daughter. She booked a flight to Bangkok from Birmingham for 10/12/12. She has had some correspondence from KLM but all they are offering is a goodwill gesture of a total of £41 for two pax.
    The 1st leg of the journey was originally delayed due to technical reasons, they eventually took off at approx 12.30pm instead of 9.15am landing at Schipol airport too late to catch the second leg of their flight (booked on the same ticket)They then had a long wait in Schipol for the next flight approx 2hrs 30 mins late , therefore their overall landing at Bangkok was approx 4hrs late .
    To add insult to injury they were late landing at Amsterdam on the way back meaning they had missed the connecting flight back to Bham and hanging around Schipol for approx 7hrs !
    Any help will be very much appreciated as KLM are only offering £41 as a goodwill gesture, and I feel this is a valid claim for compensation.:j

    Thanks

    I need to point out the trip was booked with KLM on one booking ref and checked in on one ticket, although the 2nd leg of the flight was with China Airlines as a star alliance partner.All the docs were from KLM and booking and eticket supplied by KLM.

    Thanks
  • I posted this question a while back in the more general thread, but i`ll report the jist of it here.

    In August 2011, I had one of my flights cancelled by KLM. I was due to be flying TPA - ATL - AMS - NCL but the plane from AMS was grounded and never left AMS due to a breakdown. I got a call several hours before I was due to check into Tampa airport that my connecting flight in Atlanta was not going to be there as it was cancelled. The next available flight was the next day due to the last leg between AMS and NCL having no spare seats between now and the next day, so I just had to wait.

    No assistance was offered in any form from KLM/Delta over the phone, simply rebooking me the next day was all they would do.

    So after the 24 hour delay in getting home, I wrote to KLM for compensation for the costs incurred and loss of two days work (I would have been home in time to work night shift that night after a few hours sleep and then work a dayshift the next day).

    I was offered and received £25 cash to cover my hire car cost for 24hours and a £75 voucher for the delay.

    I never used the voucher and after reading the posts on here about the amount of compensation I 'should' have received, I rewrote a letter to KLM in December stating that I should legally have been given 600 Euro cash or 800 Euro in vouchers for a delay of 24 hours on a journey of this distance.

    After a couple of emails asking for further details and booking references, I finally and much to my surprise got a positive reply!

    I am getting a voucher for 800 Euro as they have agreed my claim for compensation.

    I write this post so that others may find it benefitial.
  • edited 2 February 2013 at 6:49PM
    genieg63genieg63 Forumite
    12 posts
    edited 2 February 2013 at 6:49PM
    Hi here is the reply from Air France but i actually never received any contact with them regard to the delay and never received any compensation offer as stated in their reply .They have stated that my claim is out of its time limit as i travelled over 2 years ago and they cannot pay any further compensation ,is that correct?


    ********************************************************
    Thank you for your recent communication regarding the disruption to your flight AF225 from New Delhi to Paris Charles de Gaulle on 05 April 2010 and about which we have already contacted you on 10 April 2010.

    Our original reference for this was ********** and our goodwill gesture- a travel voucher for 360 GBP- was 0************

    I am sorry for any inconvenience the disruption to your journey may have caused. I can assure that this in no way reflects the standard of service we aim to provide.

    Air travel is governed by the international body of law known as the Montreal Convention of 1999. Article 35 of this regulation sets a time limit of two years from the date of the planned or actual arrival of a flight to claim for damages.

    We have carefully reconsidered your request and taken into account all relevant details for your delayed flight. Consequently, we confirm that you have made this further claim outside this two year limit and so I must respectfully decline your request on this occasion.

    Thank you for allowing us this opportunity to clarify our position in this matter. I do hope that we will have an early opportunity to serve your travel needs again in the future.

    Yours sincerely,

    D.Ralu-Miller / Ms
    Customer Care Europe
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  • edited 31 January 2013 at 11:22AM
    JustwishinJustwishin Forumite
    15 posts
    edited 31 January 2013 at 11:22AM
    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=&quot]Subject:[/FONT][FONT=&quot] *****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
  • edited 31 January 2013 at 9:28AM
    richardwrichardw Forumite
    19.4K posts
    Part of the Furniture 10,000 Posts
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    edited 31 January 2013 at 9:28AM
    Delete that identifying information ASAP justwishin! Airlines are reading this! Centipede100 doesn't need it.
    Posts are not advice and must not be relied upon.
  • Hi centipede can you edit out name and reference from your quoted reply please .I have changed original as advised Many thanks .
  • Thanks , looking forward to your advice
  • Mark2sparkMark2spark Forumite
    2.3K posts
    Tenth Anniversary Combo Breaker
    ✭✭✭✭
    FAQ's

    All blue words are links to relevant posts. Some are quoted just to save you doing that ;)

    WARNING
    Claiming may not be a walk in the park. So research this (long) thread and the MSE article in order to discover useful information before you ask a question!

    Airline bust= no claim

    Anything from 17th Feb 2005 -you can claim but if the airline says no - you can't take them to court.

    Flight Stats

    Small claims time limit Its 6 years

    Package holiday flights ARE covered.

    Regulation261\2004

    MSE article corrected

    Technical fault with plane is NOT "extra ordinary circumstances" so you CAN claim
    Extraordinary circumstances + Extra ordinary Circumstances
    Technical issues
    More Technical issues with background

    Thomas Cook address
    Thomas cook incident Oct 26 2012

    KLM Claim form
    Ryanair address
    Ryanair Irish appeal explained - New!
    How to combat Ryanair using the English Court System New!
    BA Address
    BA complaint web-site

    BA forum explaining the regulation in plain english *ESSENTIAL READING*

    Jet airways address
    Compensation per person + Monarch email
    Monarch Claim form

    Centipede100 Template letter
    CAA Template letter


    Airline claims 2 years maximum to claim The UK time limit is 6 years, - that's the Law

    Judgement on 22nd NOV confirms the limit is whatever applies in the Country-UK is 6 years
    CAA Denied boarding
    Right to Care
    CAA contact details
    European small claims

    Original Sturgeon judgment giving rise to delay compensation:

    Legal challenge to Sturgeon judgment:

    MCOL : Link to the Court Forms
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