Flight delay and cancellation compensation, KLM/AF ONLY

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  • jpsartre
    jpsartre Posts: 4,085 Forumite
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    stevie11 wrote: »
    So where do we stand with a claim against EU regs?


    Sounds like a clear-cut case of compensation being due to me. Technical issues are not extraordinary.
  • stevie11
    stevie11 Posts: 682 Forumite
    JPears wrote: »
    First of all you need to apply for compensation. KLM will probably state weather as an EC, which may have been the original cause of a slight delay.
    Can you estimate how much the weather diversion would have added to your original flight time?
    The argument would fall along the lines of KLM, by having a techie problem (and I suspect an out of hours for the crew scenario) that they didn't do enough to minimise your delay, even though this was initially due to a weather incident. This is assuming you were given the correct information regarding the weather at YYZ?

    Thank you, I did think at the time before the tech problem was announced that the crew may be running out of hours. I have no doubt that weather was a genuine reason but on landing at Ottowa the pilot stated that we would be refuelled then wait for clearance to take off again once weather had calmed down at YYZ. Checking later YYZ was closed for a period of time yesterday afternoon. So what should have been an 8 hour flight turned into 8 hours and almost 5 on the ground.

    As the ground delay ticked by the messages from pilot and crew just didn't add up and I had a feeling that something else other than weather was causing the delay. What made things worse is that Ottowa is compariively small airport compared with major city airports and there were no Kim or delta representatives to help and everyone was advised to contact the airline themselves for onward travel. I finally got through after midnight and have arranged a flight at 6.45pm local time. So basically we have already lost one nights accomodation and one days car hire and almost all of day 2 of a 7 day trip.

    I knew that the weather forecast was pretty grim and have visited this part of Canada many times in Winter months but never experienced a delay like this.

    Anyway hoping for a better day weather and travel wise today;)

    Thanks again.
  • stevie11
    stevie11 Posts: 682 Forumite
    jpsartre wrote: »
    Sounds like a clear-cut case of compensation being due to me. Technical issues are not extraordinary.

    Thanks,, I will look into the claim on my return home. Hoping today is a better day all around.
  • stevie11
    stevie11 Posts: 682 Forumite
    Thanks to all that replied to my questions. Anyway an update to our situation. We eventually arrived in Toronto at 7.30pm the next day and fnally got to our final destinaton at Niagara Falls at 10pm. So we had lost our first nights hotel plus one days car rental.

    The Air Canada flight to Toronto did not go without a hiccup as when we checked in at the airport Air Canada reps could not find details of my Wifes ticket. Half an hour later and a few calls between Air Canada and KLM and everything was sorted. I was pretty impressed with the Air Canada flight, considering the short distance it was a confortable 767 jet.

    The return from Toronto to Man via CDG on Monday went as planned so everything good there.

    On Wed night I put in a claim on the KLM web site. Woke up this morning and they have accepted the claim and agreed to £527 (600 Euro) each and out of pocket taxi fares.

    So assuming we receive the compensation in the next few weeks KLM have been very prompt in handling the claim and the process was simpler than I expected.

    I have another possible claim, this time against BA for a pre Christmas delay so that is my next task ;)

    Thanks again.
  • JPears
    JPears Posts: 5,086 Forumite
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    KLM can be very good, not always.
    I put my claim in whilst waiting for my rebooked second leg at Schipol and had confirmation a week later.
    If only it were always thus.....
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  • bartolas
    bartolas Posts: 15 Forumite
    Hi,

    long story short, our flight has been canceled the day before of the scheduled departure and a rebooking was done to the next day, so according my research I should be entitled to a refund of €250 per person. I've already submitted the claim at the KLM website but they have replied denying my request for compensation with the following statement:
    As per our records, the above mentioned flight was cancelled due to adverse weather conditions at Amsterdam. As a result, you were rebooked on next alternate flight BA 438 the following day.
    ...
    In line with current legislations, such conditions are considered to be beyond the control of the airline and do not entitle passengers for compensation under EU Regulations Hence, I must respectfully deny your request for compensation upon this particular occasion.

    This clearly seems a template response to me.

    So at this moment my doubts are:

    - Can they invoke adverse weather conditions, when they are cancelling the flight the day before? How do they know the weather condition for a future date? This don't make sense to me :)
    - I'm planing to submit a new claim but now using the Resolver tool, is this a good idea?
    -- (Assuming resolver submission) Should I just use the generated letter or include more information such as:
    --- Don't make sense to invoke weather conditions when the cancelation is not in the same day.
    --- There was a lot of other flights landing at AMS at the same time of the planning arrival of the cancelled flight
    --- There was a KLM flight from LCY to AMS with a similar schedule, and it was not cancelled.

    Can I please have your advice?

    ++ See flight details below

    FLIGHT DETAILS

    Flight number: KL1032
    Initial Date: 03/15/2019 20:25
    Route: LHR - AMS

    ++ Rebooked flight
    Flight number BA0438
    Date: 03/16/2019 12:50
  • jpsartre
    jpsartre Posts: 4,085 Forumite
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    bartolas wrote: »
    How do they know the weather condition for a future date?


    It's called a weather forecast :) Seriously though, proactive weather cancellations are not unusual and are sometimes dictated by ATC. In your case I would file a case with AviationADR (it's free of charge) and KLM will be asked to submit whatever evidence they have that the cancellation was caused by extraordinary circumstances. I wouldn't bother with Resolver.
  • Justice13075
    Justice13075 Posts: 2,008 Forumite
    First Anniversary First Post
    EUclaim say you could be due €250 per person
  • Tyzap
    Tyzap Posts: 2,112 Forumite
    First Anniversary Combo Breaker
    Hi bartolas,

    It was not cancelled for weather reasons at Amsterdam or Heathrow as both were operating normally.

    It's odd that the very same flight was also cancelled the following week, what chance next Friday too? We will soon find out.

    The aircraft that was due to operate your flight ended up going to Rome where it night stopped, operating the early flight back to Amsterdam the following day.

    Don't rush into doing anything just yet, let's wait and see what happens later this week as it may indicate a change to the schedule.

    Good luck.
    Please read Vaubans superb guide. To find it Google and then download 'vaubans guide'.
  • JPears
    JPears Posts: 5,086 Forumite
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    And I believe KLm don't respond to resolver?
    If you're new. read The FAQ and Vauban's Guide

    The alleged Ringleader.........
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