Flight delay and cancellation compensation, KLM/AF ONLY

Pruflo

Hi all,

After abit of help if I can. I have had a reply from KLM stating that they are not liable as the leg of our flight that resulted in the delay was a code share airline ie. Air China.

The flight was booked through e bookers - it was a KLM flight number - single booking reference etc - didn't realise til later that the Amsterdam - Bangkok leg was air china - I think I am right in saying KLM are liable - just wondered if they were fobbing me off ?

Are there any template letter I can send in reply.

Cheers in advance

Flight was Manchester to Bangkok - via Amsterdam a first bit was a KLM city hopper.

jovi_love

Pruflo wrote: »

Hi all,

After abit of help if I can. I have had a reply from KLM stating that they are not liable as the leg of our flight that resulted in the delay was a code share airline ie. Air China.

The flight was booked through e bookers - it was a KLM flight number - single booking reference etc - didn't realise til later that the Amsterdam - Bangkok leg was air china - I think I am right in saying KLM are liable - just wondered if they were fobbing me off ?

It is always the operating carrier that is responsible for any compensation. So if the delayed flight was operated by Air China, you should be contacting them, not KLM.

gwinny

Hi all,

I have just won my mother back some money for a delayed flight for Thomson's, It got me thicking about a delayed flight me and my partner had in Nov 2011 and wondered if I qualified??? - Please help!

My partner and I took a 5 day break to Las Vegas back in Nov 2011 for her birthday, flew out Via KLM connected in Detroit (Delta) onto LV.
On the return leg we were all boarded on the plane (Delta airplane but still KLM flight no.) onto the runway and it then turned around with technical faults, we all got off the plane in a que while the cabin crew tried to re-route everyone onto different flights, managed to get me and the missus onto a direct BA flight but it was scheduled for some 9 hours after the original departure time.
My question is are we entitled to compensation for the delayed flight as KLM are EU airline or am I scuppered by technicallity because it was a connecting flight which is US domestic??

Please help, many thanks in advance.....

Mark2spark

You're scuppered gwinny, sorry to say.
Delta, as a US airline flying to the EU, aren't bound by the Regulation 261.

Caz3121

Pruflo wrote: »

Hi all,

After abit of help if I can. I have had a reply from KLM stating that they are not liable as the leg of our flight that resulted in the delay was a code share airline ie. Air China.

The flight was booked through e bookers - it was a KLM flight number - single booking reference etc - didn't realise til later that the Amsterdam - Bangkok leg was air china - I think I am right in saying KLM are liable - just wondered if they were fobbing me off ?

Are there any template letter I can send in reply.

Cheers in advance

Flight was Manchester to Bangkok - via Amsterdam a first bit was a KLM city hopper.

As has been stated you need to deal with Air China. If it was the outbound flight that was affected then you should be able to make a claim as you were departing from the EU. If it was the return from Bangkok then their is no claim as non-EU airline departing from non-EU country

blondmark

gwinny wrote: »

Hi all,

I have just won my mother back some money for a delayed flight for Thomson's, It got me thicking about a delayed flight me and my partner had in Nov 2011 and wondered if I qualified??? - Please help!

My partner and I took a 5 day break to Las Vegas back in Nov 2011 for her birthday, flew out Via KLM connected in Detroit (Delta) onto LV.
On the return leg we were all boarded on the plane (Delta airplane but still KLM flight no.) onto the runway and it then turned around with technical faults, we all got off the plane in a que while the cabin crew tried to re-route everyone onto different flights, managed to get me and the missus onto a direct BA flight but it was scheduled for some 9 hours after the original departure time.
My question is are we entitled to compensation for the delayed flight as KLM are EU airline or am I scuppered by technicallity because it was a connecting flight which is US domestic??

Please help, many thanks in advance.....

Under the Montreal Convention, an airline is liable for "damage occasioned by delay" (Articles 19 and 22.1), up to a limit of 4,150 Special Drawing Rights (SDRs). However, an airline may not be liable if "it proves that it and its servants and agents took all measures that could reasonably be required to avoid the damage, or that it was impossible for it or them to take such measures" (Article 19).

In practice, any payment that an airline is prepared to make for a delay, will at best be reimbursement of expenses that it accepts were directly and necessarily incurred as a result of the delay, (such as meals or overnight hotel accommodation). Airlines generally do not accept any liability for inconvenience, stress or any consequential losses arising from the delay, unless they are required to do so as a result of court action.

bigspender1971

I thought it was a 6 year limit but its 5 in Scotland. This may be relevant to some of you.

Thank you for your recent communication regarding the disruption to your flight from Aruba to Amsterdam on the 12th of October 2007.
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.
The European Court of Justice (ECJ) recently ruled that the time-limit for bringing claims for compensation under EU Regulation 261/2004 is determined in accordance with the rules of each Member State.
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 the 5 year limit that applies in Scotland 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.

syddarthur

Just wondering if you can help me regarding an awful delay in 2007. I was coming from Mozambique and had a flight change in Joberg. We boarded the plane which couldn't take off. We sat on it for about 4 hours before being shuffled back to the airport. Then around midnight we went through immigration and taken to a hotel, arriving about 2am - at 5am we were hoarded back to the airport and flown back to London approx 8am. I can't remember how long the delay was but probably 12 hours or more. It was a grueling and exhausting time. Problem is I don't have any of the details. I know we arrived at Joberg from Pemba Mozambique on 15/9/07 and flew back to London on 16/9/07. I wrote a letter of complaint and got a £50 voucher (not much use to me and was never used).
I think I read that you can only claim with these guys 2 years back! Do you know if I can make a claim for this? many thanks Sydd

syddarthur

Also is there anyway I can find the flight details? Cheers

Caz3121

syddarthur wrote: »

Just wondering if you can help me regarding an awful delay in 2007. I was coming from Mozambique and had a flight change in Joberg. We boarded the plane which couldn't take off. We sat on it for about 4 hours before being shuffled back to the airport. Then around midnight we went through immigration and taken to a hotel, arriving about 2am - at 5am we were hoarded back to the airport and flown back to London approx 8am. I can't remember how long the delay was but probably 12 hours or more. It was a grueling and exhausting time. Problem is I don't have any of the details. I know we arrived at Joberg from Pemba Mozambique on 15/9/07 and flew back to London on 16/9/07. I wrote a letter of complaint and got a £50 voucher (not much use to me and was never used).
I think I read that you can only claim with these guys 2 years back! Do you know if I can make a claim for this? many thanks Sydd

Which airline/routing were you booked to travel with - I can see a South African Airways flight that was delayed 881 minutes but assume as you have posted on this board it was KLM or AF, were you going through AMS or CDG?