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Flight delay and cancellation compensation, KLM/AF ONLY

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  • Caz3121
    Caz3121 Posts: 15,832 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    was the SIN-BKK on a separate ticket/booking?
    Did you get anything from your travel insurance at the time to cover this?
  • nigelpm
    nigelpm Posts: 433 Forumite
    FWIW, KLM are paying claims now it would appear
  • Been arguing my case with klm since early November and they have finally agreed that I am due compensation!

    Payment to my bank takes 21 days though...
  • Hi all , looking for advice, we were on a flight from Glasgow to new York v Amsterdam . on the 8/ 4/2008 with klm. our first flight was delayed by an hour then we got to amsterdam. To just make the next flight as it was delayed we boarded then were told to get off as the flight was getting cancelled due to technical issues. We were booked onto the next flight out at 1830 . we eventually got to new York 5hrs late. I presume we have a case for compensation. I have sent an email to KLM but have a bit of a predicament because in Scotland if I am to take them to the small claims court (which is time barred to 5yrs) I need to lodge this by Monday at the latest
    Question is can I take them through the courts in england although I alive in Scotland? Also do I have a case for compensation ?
    I am going to send a letter to UK HQ with 14 day response , I am trying to speed up the process due to court action if I need to do this by Monday. All help gladly appreciated
  • blondmark
    blondmark Posts: 456 Forumite
    plumbsolve wrote: »
    Hi all , looking for advice, we were on a flight from Glasgow to new York v Amsterdam . on the 8/ 4/2008 with klm. our first flight was delayed by an hour then we got to amsterdam. To just make the next flight as it was delayed we boarded then were told to get off as the flight was getting cancelled due to technical issues. We were booked onto the next flight out at 1830 . we eventually got to new York 5hrs late. I presume we have a case for compensation. I have sent an email to KLM but have a bit of a predicament because in Scotland if I am to take them to the small claims court (which is time barred to 5yrs) I need to lodge this by Monday at the latest
    Question is can I take them through the courts in england although I alive in Scotland? Also do I have a case for compensation ?
    I am going to send a letter to UK HQ with 14 day response , I am trying to speed up the process due to court action if I need to do this by Monday. All help gladly appreciated

    Although on the face of it you may well have a claim, there would not seem to be any factors permitting you to bring an action in England, since you live in Scotland. You must therefore issue proceedings under the European Small Claims Procedure (Form A) in Scotland now (not in 2 weeks) to be served on KLM in Holland.
  • Hi.
    My partner and I were returning from Florida to Heathrow Airport via Atlanta USA . The flight from MCO to ATL ( Delta ticket ) was fine but the flight KL6110 (operated by Delta Air Lines as DL010 due to leave at 2230) from Atlanta to London Heathrow was delayed due to the usual technical fault. They said at first that it would be a short delay but kept pushing the departing time back until the ground crew stopped telling to gate staff how much longer it would be and the flight crew were concerned about the amount of flying time they had left. At about 2am they started to ask if anyone wanted a hotel room ( free ) and fly out later that afternoon . This we accepted and off we went . The flight did leave at 3.15 am and arrived in England 270 minutes late .
    I have been in contact with KLM as our tickets were for KL6110 and not DL010 asking for compensation and there reply was in short -

    We have carefully considered your request and taken into account all relevant details for your delayed flight. Consequently, we confirm that since Delta Air Lines is not EU domiciled and the flight in question was not departing an airport located in an EU or EEA member country, I must respectfully decline your request for legal compensation in accordance with the European Union regulation.
    But we would receive £200 in vouchers each as a goodwill gesture .
    My question is , are they being good in giving us the vouchers or are they trying to pull a fast one ?:eek:
  • Vauban
    Vauban Posts: 4,737 Forumite
    Part of the Furniture Combo Breaker
    AUSSIGIRL wrote: »
    Hi.
    My partner and I were returning from Florida to Heathrow Airport via Atlanta USA . The flight from MCO to ATL ( Delta ticket ) was fine but the flight KL6110 (operated by Delta Air Lines as DL010 due to leave at 2230) from Atlanta to London Heathrow was delayed due to the usual technical fault. They said at first that it would be a short delay but kept pushing the departing time back until the ground crew stopped telling to gate staff how much longer it would be and the flight crew were concerned about the amount of flying time they had left. At about 2am they started to ask if anyone wanted a hotel room ( free ) and fly out later that afternoon . This we accepted and off we went . The flight did leave at 3.15 am and arrived in England 270 minutes late .
    I have been in contact with KLM as our tickets were for KL6110 and not DL010 asking for compensation and there reply was in short -

    We have carefully considered your request and taken into account all relevant details for your delayed flight. Consequently, we confirm that since Delta Air Lines is not EU domiciled and the flight in question was not departing an airport located in an EU or EEA member country, I must respectfully decline your request for legal compensation in accordance with the European Union regulation.
    But we would receive £200 in vouchers each as a goodwill gesture .
    My question is , are they being good in giving us the vouchers or are they trying to pull a fast one ?:eek:
    They are being generous; you are owed nothing. Your claim is with the operating airline (Delta). They are not an EU company, and nor were they leaving an EU airport. So you don't have a claim under 261/04. Take the vouchers and say thank you!
  • Vauban wrote: »
    They are being generous; you are owed nothing. Your claim is with the operating airline (Delta). They are not an EU company, and nor were they leaving an EU airport. So you don't have a claim under 261/04. Take the vouchers and say thank you!

    I'll be sure to do that and many thanks to you for puting my mind at ease !:T
  • Hi. I'm new to this forum but have signed up because it seems to be the only place you can get sensible, informed advice to resolve claims against airlines, in this case KLM.

    My issue is this. Last week we flew back to Birmingham from Portland, Oregon via Amsterdam. Our flight from PDX was with Delta, connecting to a KLM Cityhopper flight just under a couple of hours later. That was the plan. However, the day before departure I got an email from KLM to say that our connecting flight had been cancelled and that "Our staff is currently looking into alternatives and will advise you as soon as possible." Nothing more was heard from the airline.

    At Portland we were issued with boarding passes for both flights and our bags were checked through to BHX. Nothing was showing on the Delta computer at PDX that our connecting flight had been cancelled. On arrival at Amsterdam we checked the machine at the transfer desk which confirmed the cancellation and issued us with new boarding passes for the next KLM flight to BHX - 8 hours later. We were not given any vouchers or any other help.

    We decided to book a day room at the Mercure hotel in the terminal to get some sleep and the rest of the journey was uneventful. So my questions are (a) what compensation are my wife and I entitled to and (b) having had an unsatisfactory experience contacting KLM via their website I'd rather use snail mail. Which postal address in the UK (not Paris or Amsterdam please) should I should send the claim to using the template letters on this website? If you advise using the KLM website so as not to compromise my claim then am happy to do so.

    Oh, and we're after cash NOT vouchers as I've already discovered they're next to useless when trying to use them on another KLM flight!

    Since sending my claim using the template letter and enclosing copies of receipts/boarding cards by recorded delivery to the Plesman House address I've heard nothing.

    Is it now time to take the legal action I referred to if I hadn't had a response in 14 days?
  • hi i was wondering if you can help me. i have sent the first letter to air france and they have responded with the below information. please let me know where i go from here.

    reply from air france

    Dear Mrs. xxxxxxx

    I am writing to follow up on our telephone conversation of the 18th of March regarding the delay of your flight AF1981 of the 23rd of September 2008.
    From the outset, I wish to reiterate my sincere apologies on behalf of Air France due to inconvenience caused to you and Mr xxxxx.
    Our records show that your flight was delayed due to air traffic regulation on that day. For our airline, one of, if not the major performance indicator, is on-time delivery. The ability to adhere to a published schedule is an important ingredient of any airline product. The delay of a flight, however rare, is therefore a major frustration to our aim of providing passengers with the reliable service they demand.
    Decisions made by Air Traffic Control affecting the departure and arrival time of a particular aircraft on a particular day which results in a long delay, an overnight delay, or the cancellation of one or more flights operated by that aircraft, are considered as extraordinary circumstances which could not have been avoided even if all reasonable measures had been taken.
    As you may be aware, compensation is laid down and paid in accordance with the EC regulation 261/2004. In line with this regulation - and our General Conditions of Carriage - I must respectfully inform you that no compensation can be awarded.
    I hope that the above explanation will help soften the negative impact of this situation and that you will afford us with yet another opportunity to serve you to your entire satisfaction.
    Yours sincerely
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