Flight delay and cancellation compensation, KLM/AF ONLY

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  • David_e
    David_e Posts: 1,498 Forumite
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    davyburns wrote: »
    Couldn't find anything that covered emergency landings.

    A search for "emergency landing" brings up a number of postings in the flight delay forum. I haven't read them but am sure there will be something to help you. If you don't want to do that, maybe try a no win no fee firm.
  • johnwash
    johnwash Posts: 6 Forumite
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    edited 14 April 2014 at 6:57PM
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    Last week I was on a three-legged flight MAN-AMS-NBO-LLW (Malawi). The Manchester-Amsterdam and Amsterdam to Nairobi leg were operated by KLM, with the Nairobi-Lilongwe leg operated by Kenya Airways under a KLM codeshare. The whole journey was booked under one ticket through KLM.

    The Amsterdam to Nairobi leg was delayed by approximately 1.5 hours on the tarmac due to a technical problem (one of the engine parts was not working, according to the captain). This meant that we arrived in Nairobi late and I missed my connection with Kenya Airways to Lilongwe. I was informed of this while still on my KLM flight to Nairobi. I was placed on a flight leaving the following morning, and all care such as the transit visa, hotel transport, hotels, etc was taken care of. I was on the flight the next morning and arrived in Lilongwe with a delay of 10 hours 50 minutes.

    I wrote to KLM regarding compensation under EC regulation 261/2004. I was not sure if I would be eligible given that the last flight was non-EU, however, read the Folkerts vs Air France case C-11/11 and so thought I would be.

    I just received a reply from KLM stating the following:

    "The flight concerned was delayed by one hour and 24 minutes in Nairobi [sic], which is within the three hour time limit as implemented by the EC regulations, and as your onward journey was operated by a non EU airline, and the journey was entirely conducted outside of the EC, therefore it is not one where there is an entitlement to compensation under EU regulations."

    I have also been offered 5000 flying blue miles for the inconvenience.

    Can someone please clarify if I indeed do not have any rights for compensation or if I should continue with my claim?

    Many thanks!
  • David_e
    David_e Posts: 1,498 Forumite
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    johnwash wrote: »
    Can someone please clarify if I indeed do not have any rights for compensation or if I should continue with my claim?

    Not something I have researched but if you use the search function on "connecting flight" it brings up lots of results (not exclusively on flight delay but you can see in the results which are).
  • abc2011
    abc2011 Posts: 7 Forumite
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    Hello,

    We were just hoping someone in the know could offer some advice.


    Just before Christmas 2013 we flew with Air France from Heathrow, via Paris CDG, to Hong Kong. The connecting flights were on the same booking.

    We were supposed to have 1 hour between landing in CDG and onward to HKG. Unfortunately, the Heathrow-Paris leg left Heathrow one hour late, arriving in CDG 59 minutes late. ie, just as the flight to HKG was leaving.


    We were put up in a hotel in Paris for the night. Long story short, we arrived in HKG 14+ hours late.

    We contacted Air France with what happened (before we knew anything about statutory flight compensation) and they tried to claim that we had only been 45 minutes late. They offered us 150euros of travel vouchers for each of us (there were 4 of us), valid for one year on AF/KLM flights.


    They also claimed that the delay was due to "too many passengers wanting to load extra luggage" but this is rubbish. The plane arrived in Heathrow late and they could turn it round in time.


    Can we do better than their offer do you think, and if so how?What if they play the "circumstances beyond our control card".

    Many thanks in anticipation.
  • Caz3121
    Caz3121 Posts: 15,548 Forumite
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    abc2011 wrote: »
    Can we do better than their offer do you think, and if so how?What if they play the "circumstances beyond our control card".

    Sounds like you have a claim, read the FAQs on the first page of this thread and in particular the Folkerts case
  • Captain99
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    abc2011 wrote: »
    Hello,

    We were just hoping someone in the know could offer some advice.


    Just before Christmas 2013 we flew with Air France from Heathrow, via Paris CDG, to Hong Kong. The connecting flights were on the same booking.

    We were supposed to have 1 hour between landing in CDG and onward to HKG. Unfortunately, the Heathrow-Paris leg left Heathrow one hour late, arriving in CDG 59 minutes late. ie, just as the flight to HKG was leaving.


    We were put up in a hotel in Paris for the night. Long story short, we arrived in HKG 14+ hours late.

    We contacted Air France with what happened (before we knew anything about statutory flight compensation) and they tried to claim that we had only been 45 minutes late. They offered us 150euros of travel vouchers for each of us (there were 4 of us), valid for one year on AF/KLM flights.


    They also claimed that the delay was due to "too many passengers wanting to load extra luggage" but this is rubbish. The plane arrived in Heathrow late and they could turn it round in time.


    Can we do better than their offer do you think, and if so how?What if they play the "circumstances beyond our control card".

    Many thanks in anticipation.


    As Caz says, read the FAQ's - we had a similar story (but ending up in NY rather than HK). We ended up getting 600 Euros each. You can read my original post #335 (Page 17) and follow up post #401 (page 21) - good luck!.
  • Chenny
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    Hi

    Im a newbie so be gentle with me!

    I've looked through the FAQ and hope i'm posting in the right place.

    We have a claim dating back to 2009, everything seems to stack up apart from Delta/KLM are asking us to prove that we were on the flight ie boarding pass or e ticket. Of course we have none of that now, not even any emails any more.
    I've looked through the suggestions on the CAA website but can still think of no evidence we can produce.
    The airline say they are not obliged to keep records for more than 3 yrs.
    Have i come to a dead end???
  • Caz3121
    Caz3121 Posts: 15,548 Forumite
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    Do you have the flight number and date?
  • Chenny
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    Yes I do but I can't prove that we were on it. I've tried going back to the company we booked it through but no-one seems to keep records going back to 2009.
  • Caz3121
    Caz3121 Posts: 15,548 Forumite
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    Found this post that may help
    http://forums.moneysavingexpert.com/showpost.php?p=59479905&postcount=5651

    You should also have the stamp in your passport for entering the US (if the flight was departing the US on Delta then compensation does not apply so I am guessing the delay was on the ex-UK flight)
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