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KLM (air baltic) - 2nd Jan cancellation - turned down claim - advices

the precis is that we were flying Tallinn - Ams - Man on the 2nd and got the first to Amsterdam to find the second flight was cancelled. the airport was suffering due to the weather and the place was in chaos. we were told to wait for a txt to give our new flight but there was no assurance when that txt would be.

after 5 hours in the airport we decided to get the train back to the UK (1000 euros) and we have claimed that on insurance. KLM said that we could book a room in Amsterdam and we would just cliam that off them but with no T&C's i was not risking that one (would they pay)

i put in a claim when we got back and that txt arrived 2 days later but that flight was then cancelled……the website advised that our booked flight Amsterdam to Manchester ended up being a week later…..were we supposed to stay in Ams that long?

after months of waiting i got ther KLM email saying:

Despite our best efforts, we regret that your journey was not without incident. Whilst this situation can clearly be regarded as an extraordinary circumstance and therefore the compensation set by the EC Regulation 261/2004 does not apply

first question is that correct?

if so then fair enough but i get advice on someone who knows more about this than me.

what about the flight we never took, surely we should be refunded for that….the KLM website is complicated and won't allow calls and their messager service doesn't work.

if we had stayed in Amsterdam a week per their suggestion would they have paid out….i can't believe they would have.

Comments

  • Woodstok2000
    Woodstok2000 Posts: 1,069 Forumite
    1,000 Posts Second Anniversary Name Dropper
    edited 18 March at 9:46AM

    First question, yes they are correct that weather is usually considered an extraordinary event under EC/261 and so no compensation would be due.

    Second question - KLM had a duty to return you to the UK at the earliest opportunity, even if that was with another airline, and to cover your incidental expenses during the delay. Flights were operating to Manchester each day with both klm and easyjet, although not a full service, so its unlikely you would have been stuck for a week, but KLM would have had to pay those costs.

    That said, on cancelling yout flight you do have the option to request a full refund, so assuming you told KLM you were making your own way home and would not need rerouting, they should pay you the cost of the flights.

  • woodentom
    woodentom Posts: 23 Forumite
    Part of the Furniture 10 Posts Name Dropper Combo Breaker

    on the day it was chaos in the airport and we said to someone verbally that we are going to leave and try the trains. to have done anythign offical we would haver been in the airport all day and 5 hours was plenty.

    i wonder if i can tell KLM now that we didn't take the flgiht due to the chaos…..i presume they will say we needed to cancel it in advance and as we didn't then no refund

  • Woodstok2000
    Woodstok2000 Posts: 1,069 Forumite
    1,000 Posts Second Anniversary Name Dropper

    Possibly, although it depends if your original flight was cancelled or rescheduled. If it was rescheduled then their argument may hold water. If it was cancelled however there would have been a whole rebooking process and since you didn't go through that I'd say you have a decent argument for a full refund.

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