Be persistant with KLM/Air France

petercandco

I would like to share my recent experience of seeking compensation for a delayed KLM flight dating back to August 2008.

At the end of March this year I became aware if someone had been on a delayed flight into or out of Europe, then under EC Regulation 261/2004,compensation of up to 600 euros per person was payable.

The criteria for the compensation was based upon the fact that it had to be an airline fault/problem rather than say bad weather.


I recollected that my wife,son and myself had been on a delayed KLM flight back in August (19th) 2008 and went onto follow Martin's advice in checking his/your website for a template letter and checked the actual flight details on the recommended website.

On 29th March I forwarded all the details to KLM and since received an e-mail from KLM denying any compensation was due despite the fact that they DID confirm there was a technical problem with the aircraft resulting in the 24 hour delay.

I replied to the e-mail and insisted that we were indeed due compensation and received a further e-mail stating that after a further review "the delay was extraordinary and that according to European Union regulation, no compensation was due".

I again e-mailed KLM and stated quoted the actual Court cases regarding regulation 261/2004 and again asked that the case be reconsidered.

Having then not received a reply by 3rd May, I managed eventually to find a contact phone number for KLM's legal department who informed me that on 30th April they had replied to me via e-mail but unfortunately they had used an incorrect e-mail address and thus the e-mail hadn't reached me.

They did inform me over the phone that they again were turning down our request for compensation so I calmly asked for then to re-send the e-mail to my correct address and also informed them that,in the light of what they just told me over the phone,that I would apply to the Small Claims court for compensation. I also requested KLM's physical address in order that the appropriate Court documents could be duly served.

The lady to whom I spoke to at KLM was extremely courteous and helpful and within around 15 minutes she phone me back to say that there would be a delay in re-sending their e-mail of 30th April as she "just wanted to check something within their legal department and could I possibly wait until next week to receive the e-mail". I agreed to this.

The day afterwards (May 4th), I was delighted to receive an e-mail form KLM stating that "after carefully reconsidering your claim I am pleased to inform you that we will offer compensation for the delay" We are offered the choice of either an 800 euro voucher each for future travel within 12 months or a cash payment of 600 euros each.

As we have just booked and paid in full for future KLM flights,we shall be taking the total of 1,800 Euros offered in cash.

For the record, I find KLM to be an excellent airline and their customer service on board,at check in and service desks is second to none. Obviously they are just reluctant to avoid a payout under these EU rules!

My advice would definitely be not to give up and be put off by airline excuses, to stick to your guns and not give up.

Limana68

Hi there
Thanks for your post which gives me hope!
I am claiming for compensation against KLM for a delayed flight into Manchester - 5 hrs.

I have had 2 replies now saying that it was classed at 'extraordinary' and we we not eligible for compensation etc etc

After reading your post I dont know whether to start the court action or ring them up like you...Im not very good at getting my point across in person ....

Limana68

hi again
can you let me know the phone number you used please
Thanks
Liz

tdw87uk

Hi - am in middle of discussions with AF following a delay back in 2008.

Used initial template and got the following reply:

Thank you for your recent communication regarding the disruption to your flight AF1169 from Manchester to Paris Charles de Gaulle on 28 July 2008 and the consequent delay on arrival at your final destination.
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.
Your flight was delayed as a result of an unexpected problem with the breaking gear of the flight arriving from Paris, which caused the plane to return to the stand after it was already on the runaway.
We took all the reasonable measures we could under these particular circumstances and every effort was made in order to offer you the best possible care and assistance.
According to EU recommendations, airline passengers are entitled to compensation in case of delays longer than 3 hours - unless the delay was caused by extraordinary circumstances over which we could not exercise any influence.
We have carefully considered your request and taken into account all relevant details for your delayed flight. Consequently, we confirm that the circumstances which caused this delay are considered 'extraordinary' according to the European Union regulation.
As a result, I must respectfully decline your request for legal compensation.
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.

I then replied with detail from ruling about what was Extraordinary Circumstances and have now had the following reply:

I would like to take this opportunity to clarify the reasons behind my negative original reply.
While a technical problem in an aircraft which leads to the cancellation and/or delay of a flight is not covered by the concept of `extraordinary circumstances' in itself, it could not be ruled out that technical problems are exceptional circumstances to the extent that they stem from events which are not inherent in the normal exercise of the activity of the carrier concerned and are beyond its actual control.
With this decision in mind I have carefully re-examined the circumstances of the technical failure which caused the delay of the aircraft leaving from Charles de Gaulle to Manchester and consequently of your flight from Manchester back to Charles de Gaulle.
Our records show that the breaking gear problem with the aircraft planned to operate your flight cannot be considered as inherent in the normal exercise of Air France's activity in this specific case.
To explain: the inspection of the breaking gear is included in not only the usual minimum maintenance of the aircraft but in fact is an item which forms part of our additional pre-departure checks, which exceeds the minimum maintenance rules.
The breaking gear functioned correctly both at the time of its maintenance inspection and during the pre-departure check.
It later developed a fault, despite it showing to be in its usual working condition up to and during the pre-departure checks shortly before the scheduled time of departure and having passed all prior maintenance inspections (the plane was actually already taxing on the runaway when the fault presented itself).
As such, this unexpected flight safety shortcoming is viewed as outside the normal exercise of the activity of Air France and completely beyond its actual control.
Air France takes all measures to provide its customers with the best service and care, as much in terms of quality and safety as in punctuality, however despite our very best efforts, the reality is that there are rare occasions when - due to a random mechanical failure that could not have been foreseen through usual means of identification - we are unable to deliver our usual standard of service.
I thank you for allowing me this opportunity of explanation and I am sorry for any disappointment our position may cause.
However in view of our further investigation, our response to your claim for compensation under EU Regulation 261/2004 remains the same.
We hope that you will be satisfied with this explanation and that, despite your actual sentiments, you will allow us to serve your travel needs again in the near future.

HELP - where to go from here?

Steviek_2

Do you have an address in the UK for Air France? Im going to issue proceedings today for a claim arising out of delayed baggage they are just a bunch of incompetent numpties!

Steviek_2

Hi Centipede, thanks for your reply. They lost my bags on 14.3.13. I sent the claim form and all supporting receipts on the 3 April 2013. Rang them on 16 April told me claim in process 14 day backlog. Rang again on 04 May where is claim. This time they say there is no trace of the documentation please send it again. Faxed it through 2xs. Rang again today. No trace of documentation "well I have not 1 but 2 fax receipts" oh let me check again. Yes we have your claim but there is a 14 day backlog! They are a bunch of incompetent muppets no only do they lose "300 bags per day" what i was told on the 14 (some admission that) but now they cant decide whether they have lost my documetns or not! Im not prepared to wait any longer Im issuing a money claim online