Flight delay and cancellation compensation, KLM/AF ONLY

song_of_calliope

Thanks Justice13075 but the flight was earlier this year (I should have mentioned that!).

roshydoshy

Sorry if this has already been mentioned buy after reading Vauban's document it makes reference to interest on compensation claims at 8%.

Would I be right in saying if I had a delayed flight in Dec 2010, transatlantic cancelled and subsequently delayed over the threshold, and I am claiming now, I would be entitled to 8% interest per annum on the full compensation of £460?

It sounds a bit far fetched to me - thus why I have only just decided to claim after this time period... I think with interest on the top really would make it sound too good to be true!

I've tried to read past comments and cannot see if this has been addressed - apologies if it has been. I am also having issues with KLM stating the 2 year threshold for limitation which I have no challenged citing case law.

Thanks in advance, R x

JPears

roshydoshy wrote: »

Sorry if this has already been mentioned buy after reading Vauban's document it makes reference to interest on compensation claims at 8%.

Would I be right in saying if I had a delayed flight in Dec 2010, transatlantic cancelled and subsequently delayed over the threshold, and I am claiming now, I would be entitled to 8% interest per annum on the full compensation of £460?

It sounds a bit far fetched to me - thus why I have only just decided to claim after this time period... I think with interest on the top really would make it sound too good to be true!

I've tried to read past comments and cannot see if this has been addressed - apologies if it has been. I am also having issues with KLM stating the 2 year threshold for limitation which I have no challenged citing case law.

Thanks in advance, R x

The 8% is a figure quoted usually. To some extent it is historical and rarely given these days (although it is still used in PPI cases).
You need to ensure it in your claim when submitted to court. You can claim it when submitting your initial claim to airline but unless it actually goes to court they will ignore it. Only a judge can award interest and they can determine the rate or none at all. But yes it is 8% per annum. Some would say there is validity in compounding it too.
You may have a stronger case if you originally submitted your claim in 2010 /11, for the interest rather than more recently.
The 2 year limitation is BS. KLM are probably trying to push you out of time, knowing that you have less than 6 months to submit your case to court, so be warned.

roshydoshy

Thank you for the clarification - I have replied back and challenged it, referencing statute law and the fact that English law applies. If it doesn't work then I will lodge a case in the courts possibly with a NWNF company. I should have really actioned this sooner but, if I don't get anything then I can't complain as I've had all the time! Appreciate all the help, R x

111KAB

roshydoshy - unless the NWNF you choose has already had 'success' re your particular flight it is doubtful they will take on even though they may state you have a valid claim. Given your flight was over 5 years ago you may well have to submit your own court claim.

eruthuk

The story so far...

I was booked on a flight from Manchester to Helsinki via Amsterdam. The flight to Amsterdam was initially delayed due to bad weather, but ended up diverted to Rotterdam, the reason the pilot gave us was that we were running out of fuel, and we needed to land and he hoped that we could refuel and get a slot for Amsterdam. This led to us arriving 3 hours and 6 minutes late int Amsterdam. I had missed my connection, and had been rebooked onto the next flight. I got to the gate, where the displays said cancelled, and I also recieved an SMS message to this effect. No reason was given, and other flights were taking off and arriving in Amsterdam at the time. After getting in a long queue, I was told it would be the following day, and that I was to go via Prague, meaning that I would arrive approx 25 hours after I was meant to. I was given a hotel for the night, but not totally informed of my rights (for example I didn't know I was entitled to phone calls).

I used the resolver tool to lodge a complaint with KLM, who are claiming that bad weather means I have no chance of claiming, but they have offered me a whole €16 for a phone charger I had to buy due to mine being in luggage I was unable to get back.

Any thoughts/suggestions - I was travelling to join an organized tour and missed a day and a half.:mad: - I want to take it further (when I'm calmer) because what they are telling me doesn't match what I was or wasn't told at the time

roshydoshy

Thanks for all the help - I've received an email from Delta/KLM stating that 2 cheques for $789 each will be winging their way over to me. Appreciate all the help and guidance on this, if I saw you IRL there would be a drink waiting! :j

JPears

eruthuk wrote: »

The story so far...

I was booked on a flight from Manchester to Helsinki via Amsterdam. The flight to Amsterdam was initially delayed due to bad weather, but ended up diverted to Rotterdam, the reason the pilot gave us was that we were running out of fuel, and we needed to land and he hoped that we could refuel and get a slot for Amsterdam. This led to us arriving 3 hours and 6 minutes late int Amsterdam. I had missed my connection, and had been rebooked onto the next flight. I got to the gate, where the displays said cancelled, and I also recieved an SMS message to this effect. No reason was given, and other flights were taking off and arriving in Amsterdam at the time. After getting in a long queue, I was told it would be the following day, and that I was to go via Prague, meaning that I would arrive approx 25 hours after I was meant to. I was given a hotel for the night, but not totally informed of my rights (for example I didn't know I was entitled to phone calls).

I used the resolver tool to lodge a complaint with KLM, who are claiming that bad weather means I have no chance of claiming, but they have offered me a whole €16 for a phone charger I had to buy due to mine being in luggage I was unable to get back.

Any thoughts/suggestions - I was travelling to join an organized tour and missed a day and a half.:mad: - I want to take it further (when I'm calmer) because what they are telling me doesn't match what I was or wasn't told at the time

1. Are you sure your first leg to Amsterdam was affected by weather? If so was it your flight that was directly affected by weather or the previous flight?
2. You should still qualify for compensation on your second leg, unless this was also weather related and directly affected your flight, not the previous one.
Read Vauban's guide and also try putting both flights in a a claim checker such as Botts.

eruthuk

Thanks for responding.

In order...
1) The pilot told us on boarding that there was bad weather in Amsterdam, and there would likely be a delay of 1hr 45min, but that he hoped to get an earlier slot and so had allowed us to board. it did take off 1 hr 45 min late, but was asked to circle out over the North Sea, but was running out of fuel and so had to divert - we landed with safely, but with a bit of a bump in Rotterdam. By the time we had refueled, and got a new slot and flight plan for Amsterdam it arrived in 3 hours and 6 min late. It's less than 1500km, but over 3 hours. My thoughts were that although the intial reason given was the weather, the actual reason was the diversion due to running out of fuel.

2)I'll check out the guide you mention and let you know what happens. I'm thinking I need to talk to a human being as there are two flights involved

JPears

1. To be fair, if you had to circle for some time on a short flight, the reserve allowance would probably have been small. It looks as though you cannot claim on the first flight (you can only make 1 claim for the whole journey anyway)
2. Best of luck on that. What are the details of your second flight - the cancelled one - flight number and date?