EU Regulation 261/2004 refusal
#63
Join Date: Sep 2010
Location: AMS
Posts: 198
KLM denied my claim above (as stated before) and let me file a complaint at the IL&T. As the Dutch IL&T has no power to investigate my case (delay at Arlanda), they forwarded the case to Swedish caretaker (ARN - Allmänna reklamationsnämnden). ARN contacted me if I was ok with the translations of the documents they requested and received from KLM (tip: ALWAYS communicate in English) and if I had anything to add. Now I just need to sit back and wait what the judgement of ARN is.
Very interested in seeing how this develops. Bear in mind appealing to the judgement of ARN is not possible, so it is a one shot only.
Side note: KLM replied to ARN with direct phone numbers, e-mail addresses and mobile numbers of involved Customer Care reps. Not very smart, for it was clearly stated the documents will be published publicly. No intention to misuse the information, but I can image somebody else would...be careful with your own information when complaining at any governmental institute...
Very interested in seeing how this develops. Bear in mind appealing to the judgement of ARN is not possible, so it is a one shot only.
Side note: KLM replied to ARN with direct phone numbers, e-mail addresses and mobile numbers of involved Customer Care reps. Not very smart, for it was clearly stated the documents will be published publicly. No intention to misuse the information, but I can image somebody else would...be careful with your own information when complaining at any governmental institute...
Last edited by Another user name to remember; May 19, 2014 at 2:47 pm Reason: typo...
#64
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#65
Join Date: Feb 2005
Location: CGN
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But you could from there take them to civil court in Sweden, if you have a ruling in your favour from ARN the court is not very likely to rule in favour of the airline.
#66
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Johan
#67
Join Date: Sep 2010
Location: AMS
Posts: 198
Sorry to bump this discussion, but the ARN ruled in my favor yesterday (^): Snow in March in Stockholm is not a valid reason to claim extraordinary circumstances. The ARN also stated that the KLM failed to explain why only their plane diverted, why all others waited in the hold during the snow removal and arrived with minimal delay. My argument of limited fuel on board was deemed plausible.
ARN recommends KLM to pay the compensation to me, as this was a normal operational situation over which KLM had full control.
Obviously, I've contacted KLM and are now awaiting their response. My bet: they will question the authority of the ARN (which they themselfs suggested to contact in the first place).
ARN recommends KLM to pay the compensation to me, as this was a normal operational situation over which KLM had full control.
Obviously, I've contacted KLM and are now awaiting their response. My bet: they will question the authority of the ARN (which they themselfs suggested to contact in the first place).
Last edited by Another user name to remember; Oct 23, 2014 at 1:17 am Reason: Typo...
#71
Join Date: Sep 2010
Location: AMS
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#72
Join Date: Feb 2010
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Many businesses seem to work along these lines. I know a few people who just don't write, some who give up after the first refusal.
Perhaps that leaves more liberal policy for those of us who persevere
#74
Join Date: Jun 2012
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