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KLM compensation for lap infant
Hi all,
I’m trying to understand how KLM (and ADR in general) treats lap infants under EU261 compensation rules and would appreciate real-world experiences.
In my case:
I travelled with KLM from Amsterdam to Edinburgh. The flight was disrupted and I was rerouted via a different airport (Aberdeen instead of Edinburgh in the wider journey context). I had an infant travelling with me as a lap infant. The infant had a system-issued ticket showing a fare breakdown of approx. £10 + taxes (no seat assignment). KLM has already made a partial duty-of-care payment but did not treat the infant as separately entitled to compensation
My question is:
Has anyone successfully claimed separate EU261 compensation for a lap infant on KLM (I read on FB that people have claimed successfuly with some other airlines) especially where the infant had a system-issued ticket but no seat?
I’m trying to understand whether this is ever accepted in practice or if infants are always treated as part of the accompanying adult booking for compensation purposes.
Thanks in advance for any experiences or insight.
Comments
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Is this about compensation (generally for late arrival), or about Care (refunding the cost of food and accommodation during the delay)? The rules governing the two are different.
Your post appears to be about compensation, but you include the words "KLM has already made a partial duty-of-care payment".0 -
Apologies for the confusion, KLM has acceted to pay compensation per EU261 for adult passengers but has excluded the infant so I was wondering if I can claim this?
They also paid partially our trip from Aberdeen to Edinburgh £38 instead of £220 but I will escalate if they don't cover it.
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EU case law determined that infants are excluded from the scope of the regulations in specified circumstances:
a passenger who travels free of charge because of his young age, but who has neither an assigned seat nor a boarding pass and whose name does not appear on the reservations made by his parents, does not fall within the scope of that Regulation
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This helps but it's still confusing. Infants do have boarding passes so I think the law is open to interpretation.
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As I read the OP, the infant had not travelled free of charge as the OP states "The infant had a system-issued ticket showing a fare breakdown of approx. £10 + taxes (no seat assignment)"
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There's this article involving RyanAir from 2017, but it doesn't create a precedent and was heard in a UK court (albeit when the UK was still a member state).
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