Flight delay and cancellation compensation, KLM/AF ONLY

kennybow

Has anybody tried to claim for this delay, I have to both Thomas Cook and CAA but to no avail, I need the information on exactly what the problem with the plane was to decide wether to go to the smalls claim court. Both Thomas Cook and CAA say it was a technical fault.

David_e

(1) Please post on the right thread.

(2) Have a look through this and the relevant links:

Flight Delay Compensation Important Info - Please check before posting

(3) You don't need any further information and you will probably not get any without taking the airline to court

kennybow wrote: »

I need the information on exactly what the problem with the plane was to decide wether to go to the smalls claim court. Both Thomas Cook and CAA say it was a technical fault.

Team_Twister

Hi all,

The first leg of our flight from NWI to MCO via AMS & ATL left over 2 hrs late due to KLM not having a spare tyre available (a nose wheel tyre was flat). This caused us to miss the connecting flight (on the same ticket), with KLM's partner Delta, and we eventually arrived well over 5 hrs late. KLM now claim that the onward flight was with a different carrier, so no compensation is due. Here's their reply:

"Your flight was delayed for 2 hours and 30 minutes due to technical reasons. We regret that you missed your connecting flights DL 239 from Amsterdam to Atlanta and from Atlanta to Orlando, as a result of the delay. It goes without saying that KLM takes great pride in its record of maintaining a reliable scheduled service to all the destinations that we serve. Safety has also always been the leading factor in all our services, and our commitment to the technical excellence needed to maintain our high safety standards is unequivocal. It is therefore always only with the greatest reluctance that we accept the fact that we have to delay a flight. May we inform you, that recently the Court of Justice of the European Union decided that a passenger can be entitled to compensation when the passenger arrives at its final destination with more than 3 hours delay because of a missed connection however it is relevant in that case was that both flights were operated by the same carrier, which is not applicable in your case. Hence, we regret that we will be unable to accede to your request for compensation on this occasion. We are sorry for any disappointment this may cause."


I'd be grateful for any comments or advice.


Thanks, rod

David_e

Team_Twister wrote: »

I'd be grateful for any comments or advice.

One for the experts but, looking at it simplistically, the delay and its cause were KLM, surely?

Nice to see them try to fob you off by blaming their "partner"!

plunet

Hope there is an expert who can give me some guidance.

Had a KLM issued ticket (all on the same ticket), returning from China.
TAO (Qingdao) -> PVG (Shanghai) on AF3738 (Codeshare, actually MU5512)
PVG (shanghai) -> CDG (Paris) on AF3767 (Codeshare, actually MU569)
CDG (Paris -> LHR (London) on AF1380 (Air France)

I get the fact that flights ARRIVING into the EU on Codeshare partners are excluded by the regulations. However through browsing the forms it appears that the rules do not exclude or include knock on delays.

The flight from PVG into CDG, operated by MU (China Eastern) was about an hour late, which meant that the connection for AF1380 (Air France) to London was missed. As a side point, due to incompetence in both TAO and PVG they had not been able to through check the passenger to LHR, so the passenger had to present to the AF transfer desk in CDG to get a boarding pass to London.

Upon arrival at the AF transfer desk in CDG they proceeded to issue a boarding pass for AF1380 which had already closed boarding (duh!). Whereas what they should have done is rebooked the passenger onto AF1480, last flight of the evening to LHR which left 50 mins later. Because of the time wasted then trying to find the flight which had already gone by the time the passenger presented back to the AF transfer desk they were now unable to rebook the passenger onto AF1480 and the passenger had then missed the last flight to London that evening, resulting in a 10 hour delay to get to the final destination.

To make matters worse, although the airline tried to sort out hotel accommodation, and they appeared to go through the motions to apply for one, a visa was refused by French Immigration so the passenger was left to amuse themselves in the airport overnight.

Question:
Although codeshare flights arriving into Europe are excluded from the EU compensation regulation, the resulting 50min delay on the inbound codeshare flight compounded by !!!! up at the AF transfer desk in Paris lead to a 10 hour overnight delay on the AF operated flight from CDG to LHR for them to get to their final destination. Does this fall within the rules as it was the passengers ability to enjoy the AF connecting flight that was compromised?

Also, do you apply to AF (who operated the flight) or KLM (who issued the ticket). Any specific cases regarding knock on delays to be aware of?

Thanks!

Vauban

plunet wrote: »

Question:
Although codeshare flights arriving into Europe are excluded from the EU compensation regulation, the resulting 50min delay on the inbound codeshare flight compounded by !!!! up at the AF transfer desk in Paris lead to a 10 hour overnight delay on the AF operated flight from CDG to LHR for them to get to their final destination. Does this fall within the rules as it was the passengers ability to enjoy the AF connecting flight that was compromised?

Also, do you apply to AF (who operated the flight) or KLM (who issued the ticket). Any specific cases regarding knock on delays to be aware of?

You have no claim, assuming the CDG flight to London took off on time. The fact is you weren't there for it - because you were delayed by an airline to whom the Regulation does not apply. That you booked through KLM is irrelevant.

JPears

Bumped to the top for those incapable of reading/taking notice of sticky or desperate to start ANOTHER new thread.

Caz3121

bumping above the incorrectly opened new threads

stephderm

Reasonably sure I can't claim but just in case...... I was advised of the cancellation of my return leg flight from Johannesburg whilst I was in the air on the outbound leg. It was a three week trip and they offered me a return flight a day EARLIER than I had planned + wanted me to fly from AMS to Norwich to Liverpool on return leg. I negotiated hard and eventually they allowed me to fly a day LATER but I spent several days of my holiday trying to fight with them. I think I have no case as they cancelled the return flight more than 2 weeks before I flew home - however I was effectively over a barrel as I only received notification whilst in the air. I booked KLM via lastminute.com

Vauban

You are right. No compensation is due.