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Flight delay and cancellation compensation, KLM/AF ONLY
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Oh yes? Would that be Emirates Airlines v Diether Schenkel (Case C‑173/07)? That's nothing to do with ongoing flights - it only relates to return flights, so it's completely irrelevant.
Here's what the Fourth Chamber ruled:
They refuse compensation, can I take this claim elsewhere?
If you go through the UK courts you have 6 years but you are still out of time
as per the FAQs in post #2
It's always a blessing when the airline is based in another European state because you have the choice of avoiding having a hearing and still win your claim. And who actually wants to go to court?
To do this you complete Form A of the European Small Claims Procedure, hand it in to your local county court and ask them to serve it on KLM in Holland. Tick the box saying no hearing required, and the entire claim is paper-based.
Same claim, same money, no hearing.
This is the reply I got this morning.....please HELP!!!!:(
Thank you for your recent communications regarding the disruption to your flight KL565 from Amsterdam to Nairobi on22nd March 2005 and about which you had already contacted us on 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 technical problems. 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 claim compensation dating back no longer than 6 years. I appreciate your comments that you have previously written to us before the recent changes, unfortunately as your flights are out of the 6 year time limit we are not liable for compensation in this instance.
Your choice of airline for your trip is appreciated, and I understand you will consider this incident when planning future trips. I hope that you will not judge us on the basis of this experience and will elect to give us another try. We look forward to the opportunity of welcoming you on-board again and regaining your confidence in us.
Yours sincerely
It does; you have six years from the date of the delay to lodge your claim. For whatever reason you have failed to do this so your right to claim has regrettably expired.
Moral of the story - stop writing to airlines and start your court claim.
Writing to KLM Customer Services just gave the same outcome: They announced the cancellation more than 14 days in advance and they got us from A to B as they were required, so no compensation. Are they actually correct?
(Note: I don't recall receiving the announcement, but there's no way for me to prove or disprove this.)
Many thanks for any help.