Who is liable for expenses/compensation?

Shidino

Hi all,
Hope someone can help here as currently very frustrated. Will try and summarise the issue. Family of four (2 adults and 2 children) A single booking was made with Edreams to cover a round trip from London to Italy. The return leg was a single booking code and covered 2 KLM flights (Naples to Amsterdam, Amsterdam to London) although the first flight was operated by Transavia. The Transavia flight took off 3 hours late (landed 2.5 hrs late) and when I called KLM in the meanwhile was advised I would miss the connecting flight from AMS to London and that there were no other flights available to London from AMS. I was advised on the phone that a flight from Naples via Paris was available 2 days later and that I should re-book onto that which we did at no extra cost. Receipts should be kept for accommodation (2 nights) food and travel and this would be reimbursed once a claim was made.
The claim has now been refused by KLM as they say its Transavia's fault. Transavia say they landed less than 3 hours late so not their fault.
I think this should be covered by KLM and have replied accordingly (awaiting response) any thoughts? Any advice much appreciated. Booking details below:

Caz3121

seems strange that they suggested you wait in Naples for 2 nights rather than travel to Amsterdam and be given overnight accommodation there and be put on one of their many flights the following day, had you travelled to Amsterdam, missed the flight and then had accommodation there then Transavia would have been on the hook for expenses claim as the airline that had the delayed flight (compensation would depend on the reason for the delay)
Your case is complicated by the fact you did not give Transavia the option to reroute/rebook you...did you speak to them at all?

oldernonethewiser

Where KLM is involved do not expect a quick resolution, unfortunately.

Shidino

Caz3121 said:

seems strange that they suggested you wait in Naples for 2 nights rather than travel to Amsterdam and be given overnight accommodation there and be put on one of their many flights the following day, had you travelled to Amsterdam, missed the flight and then had accommodation there then Transavia would have been on the hook for expenses claim as the airline that had the delayed flight (compensation would depend on the reason for the delay)
Your case is complicated by the fact you did not give Transavia the option to reroute/rebook you...did you speak to them at all?

Hi there,
Thanks for the reply, I believe the reason for suggesting this was that many of their planned flights were cancelled for the next few days due to the computer issue affecting flights to the UK. However, the flight that we were supposed to get on, was one of the few that did fly out on the 28th and we would have made it home as planned if not for the delay. 
The KLM agent advised to get booked on a flight from NAP as there was nothing sooner available from AMS to London.

Shidino

any thoughts or advice? 
TIA

eskbanker

Shidino said:

The claim has now been refused by KLM as they say its Transavia's fault. Transavia say they landed less than 3 hours late so not their fault.

I can understand Transavia's position - you didn't board their flight and therefore they have no liabilities to you under the regulations.

Shidino said:

when I called KLM in the meanwhile was advised I would miss the connecting flight from AMS to London and that there were no other flights available to London from AMS. I was advised on the phone that a flight from Naples via Paris was available 2 days later and that I should re-book onto that which we did at no extra cost. Receipts should be kept for accommodation (2 nights) food and travel and this would be reimbursed once a claim was made.

It seems clear to me that KLM should honour what they told you, but it'll presumably come down to the credibility of the competing versions of what was said - is it perhaps possible that they were offering complimentary itinerary changes in the knowledge of schedule disruption, rather than doing so as an obligation under the delay/cancellation regulations?

I'd suggest that you push KLM until you get their final response and then take them to Aviation ADR - it's not clear to me that there'd be a strong enough case to take KLM to court though.  If push came to shove, would your travel insurance cover the additional accommodation/food/travel costs if you're unable to recover them from the airline?

Westin

Shidino said:

any thoughts or advice? 
TIA

Travelling non-direct, booking via 3rd party overseas based ticket sellers such as eDreams, will carry risk.  Delays and misconnections can happen.

Why did you decide to book a connecting flight via AMS for a relatively short flight between Naples and the UK? There are multiple daily direct flights between NAP and the UK each day.  BA, Easyjet, ITA, TUI - all offer direct service to London. 

Advice - I would suggest booking a direct service whenever possible. Also, I would not book with eDreams/Kiwi/Opodo/Lastminute.

Shidino

eskbanker said:

Shidino said:

The claim has now been refused by KLM as they say its Transavia's fault. Transavia say they landed less than 3 hours late so not their fault.

I can understand Transavia's position - you didn't board their flight and therefore they have no liabilities to you under the regulations.

Shidino said:

when I called KLM in the meanwhile was advised I would miss the connecting flight from AMS to London and that there were no other flights available to London from AMS. I was advised on the phone that a flight from Naples via Paris was available 2 days later and that I should re-book onto that which we did at no extra cost. Receipts should be kept for accommodation (2 nights) food and travel and this would be reimbursed once a claim was made.

It seems clear to me that KLM should honour what they told you, but it'll presumably come down to the credibility of the competing versions of what was said - is it perhaps possible that they were offering complimentary itinerary changes in the knowledge of schedule disruption, rather than doing so as an obligation under the delay/cancellation regulations?

I'd suggest that you push KLM until you get their final response and then take them to Aviation ADR - it's not clear to me that there'd be a strong enough case to take KLM to court though.  If push came to shove, would your travel insurance cover the additional accommodation/food/travel costs if you're unable to recover them from the airline?

Thanks for the reply. Yes I agree the buck should stop with KLM on this, hopefully they record calls if it comes to it. I'll continue to pursue and come back with an update when I have one as it may be of use to others.