Flight delay and cancellation compensation, KLM/AF ONLY

nat38 · 7 May 2014 at 9:44AM

not sure if I am posting in the right place

I flew Newcastle-Paris-Mexico with Air France
Paris-Mexico leg was delayed 8hs but we were moved to a later flight the following day. That flight was also delayed 5hs. We finally made to Mexico 28hr after the scheduled time (can give more details if needed)

I wrote to Air France and they now say that the flight was operated by Aero Mexico they have transferred the claim to them
Is this correct? I didn't book or pay my tickets to AeroMexico....

thanks!

Vauban · 7 May 2014 at 10:12AM

nat38 wrote: »

not sure if I am posting in the right place

I flew Newcastle-Paris-Mexico with Air France
Paris-Mexico leg was delayed 8hs but we were moved to a later flight the following day. That flight was also delayed 5hs. We finally made to Mexico 28hr after the scheduled time (can give more details if needed)

I wrote to Air France and they now say that the flight was operated by Aero Mexico they have transferred the claim to them
Is this correct? I didn't book or pay my tickets to AeroMexico....

thanks!

Who flew you to the destination as the operating air carrier? If it was AeroMexico (even if you booked with AF) your claim is against them. A tricky one to enforce, I reckon ...

dsp007 · 14 May 2014 at 2:18PM

dsp007 wrote: »

I was booked on this flight as part of a flight from NCL to FLL.via Amsterdam and Atlanta.
The second portion of our flight was delayed in Amsterdam for 2 hrs owing to mechanical issues,this resulted in us missing our connecting flight in Atlanta to Fort Lauderdale.We were offered a hotel overnight but that was all,no food,no drinks nothing.

We arrived in Fort Lauderdale some 14 hours late and I have put in a claim for compensation which has been rejected by KLM on the grounds that our delay was only 2 hrs.They have however offered us vouchers to the sum of £200/passenger for any inconvenience caused and for the lack of refreshments.

Our reference

Should you wish to reply to this e-mail, or check the status of your request, please use the following link to send us your message: click here

Dear Mr

Thank you for your message and I appreciate the opportunity to respond to your request for compensation according to EC Regulation 261/2004.

I should clarify that flight KL621 on 3 April departed with a delay of 2 hours and 10 minutes and arrived in Atlanta at 22:11, less than 3 hours behind schedule.

The preamble of the EC regulation confirms that the protection accorded to passengers, concerns flights departing from an EU member state or travelling to an EU member state on an airline based in the EU.

As your flight from Atlanta to Fort Lauderdale was operated by Delta Air Lines, which is a US domiciled carrier, the Regulation cannot be enforced to your final destination. It can only be applied to the flight between the EU and Atlanta.

I am very sorry for any disappointment that this may cause.

Thank you for giving us the opportunity to clarify our position and we look forward to seeing you on another flight.

Yours sincerely,

J Silverstone (Mr)
Customer Care Europe

It is not possible to reply via this e-mail address. In case you wish to reply to our message, please do so via our Customer Care web-form, which you can find on our website under the ‘Contact us’ section. Please mention your reference number in the designated field at the bottom of the form.

The data and information contained in this message may be confidential and subject to professional secrecy and is intended for the exclusive use of the recipient at the address shown above. If you receive this message by mistake, we ask you not to copy, use or disclose it. Please notify this error to the sender immediately and delete this message from your system. Soci!t! Air France - Limited company with capital of 126,748,775 euros - Bobigny register of companies (France) 420 495 178 - 45, rue de Paris, 95 747 Roissy CDG CEDEX Koninklijke Luchtvaart Maatschappij N.V. (also known as KLM Royal Dutch Airlines) is registered in Amstelveen, The Netherlands, with registered number 33014286.

I have rejected this offer as I believe we are entitled to the full amount of €600/ passenger and have told KLM This.I have also claimed compensation for the loss of my hotel in Fort Lauderdale which I still had to pay for.

Am I correct in thinking that KLM are just trying it on to see if I would accept the vouchers and go away,or should I cut my losses and take their offer.?

Today KLM have rejected mt claim for compensation on the grounds that the delayed leg of my trip was with Delta and therefore not part of the EU regulations.
It appears that KLM will use anything they can think of to avoid paying compensation.
They claimed my delay amounted to 2hrs 14mins when in fact I arrived in at my final destination some 14hrs late.
My travel was from Newcastle to Fort Lauderdale via Amsterdam and Atlanta and was booked as one ticket with KLM.
Am I right in thinking that regardless of the air company ,the fact that I booked the ticket as one flight ,I am entitled to claim .

Caz3121 · 14 May 2014 at 2:56PM

Have a read of the Folkerts case - link in FAQs at post #2
I think it is probably similar

They seem to have forgotten that it was not your Delta flight that had the issues, it was the fact that the KLM flight got you there too late for the flight so it left without you...Folkerts seems similar

dsp007 · 15 May 2014 at 1:49PM

Our reference 7124869001

!

Should you wish to reply to this e-mail, or check the status of your request, please use the following link to send us your message: click here

Dear Mr

Thank you for your message and whilst I understand your dissatisfaction, regret there is no more I can constructively add to what I had already stated.

I can understand that my response may be perplexing and we fully understand that your arrived in Florida over 14 hours later than originally scheduled. I am very sorry we let you down.

The EC Regulation confirms that the protection accorded to passengers, concerns flights departing from an EU member state or travelling to an EU member state on an airline based in the EU.

The scope of EC 261/2004 cannot apply to any flights operating entirely within US territory and under the jurisdiction of the US federal government. These!are covered by the US Department of Transport 14 CFR Part 250.

Article 6 (c) of EC 261/2004 confirms that compensation may be due following delays of four hours or more, however!flight KL621 on 3 April was delayed by less than 3 hours.

Could I also recommend that you refer to the CAA for their clarification on the issue?

Despite your obvious disappointment I must reiterate we consider your claim to have been appropriately handled and we will not enter into further correspondence on the issue.

I am confident that on the next occasion we will be capable of ensuring that your experience with us is a better one.

Yours sincerely,

J Silverstone (Mr)
Customer Care Europe
!
!
It would appear that KLM customer services deptpartment like to bully their customers and refuse to enter into correspondence .

Sent a NBA yesterday afternoon ,received the following email this morning.

Thank you for your recent communication regarding the disruption to your flight KL621 from Amsterdam to Atlanta on 3 April and about which you had already contacted us on.

We have carefully reconsidered your claim and am pleased to inform that, as a gesture of goodwill we will be pleased to make a payment of GBP486 (EUR600) per person.

Please contact me with each adult passenger's full UK bank details, including the IBAN (international bank account number) and BIC/Swift codes.

I have cancelled the electronic vouchers previously issued.

I can assure you that we are well aware of our commitment to provide excellent customer service and so I do hope you will allow us the privilege to serve your travel needs again in the near future.

Yours sincerely,

J Silverstone (Mr)
Customer Care Europe

A little persistence works wonders.
Many thanks to all those who offered me advice and assistance .

Vauban · 15 May 2014 at 2:15PM

So start court action and stop playing letter tennis? Or let it drop, of course.

nat38 · 20 May 2014 at 10:51PM

Centipede100 wrote: »

To clarify, no matter which airline you bought tickets from, which one was due to operate your original flight (not the alternative one the following day) from Paris-Mexico, AeroMexico or AF?

To remove any doubt you could give us the flight number.

It was AeroMexico.
Just as an update - they have agreed to pay compensation!! :T:T
Never thought it would be this easy!!!!

Scotto · 21 May 2014 at 1:09PM

Hi my daughter was booked KLM from Edinburgh to Amsterdam to pick up onward flights to Detroit then Las Vegas all KLM same ticket October 2013. There was a mandatory security issue in Amsterdam prior to the flight leaving for Edinburgh causing a delayed arrival and consequently late turnaround meaning she was unable to board the connecting flight to Detroit. How do I check there was a security issue outside the control of KLM? Is that relevant, as the contract was Edinburgh to Amsterdam? Nothing to do with previous problems. They are also refusing compensation because the follow on flight was with Delta which I believe is just a ploy to get her to back down.
Thanks for any help or guidance I can pass on to her.
She arrived 19 hours late at her final destination.

Vauban · 21 May 2014 at 1:18PM

Scotto wrote: »

Hi my daughter was booked KLM from Edinburgh to Amsterdam to pick up onward flights to Detroit then Las Vegas all KLM same ticket October 2013. There was a mandatory security issue in Amsterdam prior to the flight leaving for Edinburgh causing a delayed arrival and consequently late turnaround meaning she was unable to board the connecting flight to Detroit. How do I check there was a security issue outside the control of KLM? Is that relevant, as the contract was Edinburgh to Amsterdam? Nothing to do with previous problems. They are also refusing compensation because the follow on flight was with Delta which I believe is just a ploy to get her to back down.
Thanks for any help or guidance I can pass on to her.
She arrived 19 hours late at her final destination.

Please post in future in the right airline thread (which keeps the forum neat and searchable-ish)! There's one for KLM.

You need to ask about the nature of the mandatory security incident in order to make a judgement. But to be honest if they refuse to tell you, I would also conclude they are just fobbing you off. So write a NBA letter (details in the FAQs on page one of each airline thread) and then go to court if not satisfied with the response.

Scotto · 21 May 2014 at 1:27PM

Sorry looked for ages at the KLM thread didn't know how to post on there, only seemed to be for replies. I admit I am not familiar with forums. Thanks for your prompt reply.

Flight delay and cancellation compensation, KLM/AF ONLY

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