Airline saying they weren't the operating carrier

Saqqqqq

Hi all, would appreciate some sage advice.

I'm pursuing a flight delay compensation. I wont go into the finer details of the delay, but ultimately I bought tickets via Virgin Atlantic website, including flight VS6872, Toronto to Amsterdam.

On the email confirmation, it clearly states the flight is operated by KLM. The online check in was via the KLM website. The physical check in and bag drop was via the KLM desks at the airport , my boarding tickets were branded KLM, I boarded a KLM branded airplane and the flight staff were KLM staff.

Furthemore, all online references state that flight VS6872 is operated by KLM.

For my flight compensation enquiry, I therefore requested this from KLM as my understanding is that it is the operating airline that takes responsibility.

However, on three separate occasions, KLM has written to me generically (with no additional explanation) the following reply:

"We have reviewed your issue and found that the aforementioned flight was operated by Virgin Atlantic. In line with current legislation, the delay/cancellation of a flight is the responsibility of the operating carrier. Therefore, in your case, only Virgin Atlantic can advise regarding the reason for this disruption and provide any assistance that may be due. "

Are KLM genuinely having me on that this fight was a Virgin Atlantic operated flight? I have not yet taken the claim to Virgin Atlantic (as they advised) as I'm sure Virgin will say it's a KLm flight...

So I guess my question is, is this a Virgin Atlantic flight? Or are KLM not giving correct information (despite me explaining the above evidence that it was a KlM operated flight)

Many thanks!

JGB1955

Your contract was with Virgin, and that is who I would have claimed any compensation from.
Virgin, in turn, have their own contract with KLM and will presmably persue their own claim from KLM..

Caz3121

Saqqqqq wrote: »

"We have reviewed your issue and found that the aforementioned flight was operated by Virgin Atlantic. In line with current legislation, the delay/cancellation of a flight is the responsibility of the operating carrier. Therefore, in your case, only Virgin Atlantic can advise regarding the reason for this disruption and provide any assistance that may be due. "

I suspect they are skim reading and saw the VS flight number.
Re-submit using flight number KL696
The claim is indeed the operating carrier so nothing for Virgin to deal with.

Justice13075

JGB1955. I know you are only trying to help and with respect could I ask you to read EU261/2004 which will bring you up to date with the legislation. Hopefully saqqqqq will come back otherwise they could lose €600 per person compensation.

JPears

JGB1955 wrote: »

Your contract was with Virgin, and that is who I would have claimed any compensation from.
Virgin, in turn, have their own contract with KLM and will presmably persue their own claim from KLM..

Wrong. Operating airline is who you claim compensation aginst.

Saqqqqq

Thanks I have genuinely tried with KLM and even as Caz3121 suggested, used the KLM flight number instead. Yet I keep hitting the same genetic reply...

I even put in a further second complaint not to keep giving me a generic answer til they explain why it's a virgin operated flight..
And yet I got the same response hahaha.

I will try one more time with KLM, thanks for the advice, hope I can get an update for you all.

JPears

You send an email giving them 14 days to pay upm arked as an NBA. If they decline again, take your case to Aviation ADR for an "independent" judgement.
Or start court proceedings. This is an option if you are not sucessful with the ADR.

Saqqqqq

So far they have just said sorry for the error and they are looking urgently into the matter.

This was on 20th September:

"We write in reference to our recent communication regarding your flight VS6872 operated by KL696. At the outset, we are truly sorry for the miscommunication in our previous responses and inconvenience caused to you on this occasion.

This is a brief acknowledgement that we are in a process of investigating your complaint with the concerned department. Thus, there will be a delay in responding to you. We assure you that your concerns are getting our utmost attention.

We recognize and sincerely regret the inconvenience that this must have caused you and offer my sincere apologies on behalf of our Company.

We appreciate your patience in the interim period."

Saqqqqq

So I have received another reply firstly not explaining why I was misinformed on 3 separate occasions- 3 seperate emails by 3 different members of staff (being told it was not a KLM flight which was completely inaccurate)

Secondly, they have offered 300 euros compensation. My understanding is that the compensation for transatlantic delays is 600 euros - is this correct?

This is the email i got:

"We write in reference to our recent communication regarding the flight VS6872 (KL696) from Toronto to Amsterdam on 31 July 2019.At the outset, we are sorry to learn that you were unable to travel as planned.

Per our records, the above mentioned flight was delayed due to technical reasons due to which your connecting flight VS6958 (KL1425) got misconnected. Hence, you were rebooked on flight BE108 on the same day. We acknowledge and regret the impact of such disruptions on the schedules of our passengers.

This is indeed a situation where you are entitled to compensation worth EUR300. We are pleased to inform you that we have initiated the process of transferring GBP273 (equivalent to EUR300) into your given bank account. The amount should be credited to your bank account in the coming weeks.

Once again, please accept my apology for the inconvenience you experienced. We look forward to serving you under better circumstances."

Caz3121

Saqqqqq wrote: »

Secondly, they have offered 300 euros compensation. My understanding is that the compensation for transatlantic delays is 600 euros - is this correct?

only if you arrived at final destination over 4 hours late. From the flight numbers it appears you arrived about 3.5 hours late so €300 is the correct amount for a delayed arrival between 3 and 4 hours on long haul

Saqqqqq

Got it, thanks, 300 it is. I'll still ask them to explain why they gave me wrong information on 3 separate occasions despite me explaining they were wrong.