Community
Wiki Posts
Search

EU Regulation 261/2004 refusal

Thread Tools
 
Search this Thread
 
Old May 19, 2014, 10:04 am
  #61  
 
Join Date: Sep 2010
Location: AMS
Posts: 198
And now contact KLM again to get the euclaim costs reimbursed, assuming you first claimed at KLM directly and only after denial, you went to euclaim.
Another user name to remember is offline  
Old May 19, 2014, 10:09 am
  #62  
Original Poster
 
Join Date: Aug 2006
Posts: 1,060
Done, thanks for the advice, I've sent them a bill for 98.5 Euros, EUClaims cut of the 250 Euros.

They can only refuse.
tezzer is offline  
Old May 19, 2014, 10:17 am
  #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...

Last edited by Another user name to remember; May 19, 2014 at 2:47 pm Reason: typo...
Another user name to remember is offline  
Old May 19, 2014, 1:06 pm
  #64  
FlyerTalk Evangelist
 
Join Date: Oct 2000
Posts: 14,352
Originally Posted by Another user name to remember
Bare in mind appealing to the judgement of ARN is not possible, so it is a one shot only....
Also bear in mind that ARN judgments are not binding. KL is free to ignore their ruling, should they wish to do so.

Johan
johan rebel is offline  
Old May 20, 2014, 5:35 am
  #65  
 
Join Date: Feb 2005
Location: CGN
Programs: KL FlyingBlue Gold, AY+, MM FTL, TK*G
Posts: 348
Originally Posted by johan rebel
Also bear in mind that ARN judgments are not binding. KL is free to ignore their ruling, should they wish to do so.

Johan
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.
marbe166 is offline  
Old May 20, 2014, 3:02 pm
  #66  
FlyerTalk Evangelist
 
Join Date: Oct 2000
Posts: 14,352
Originally Posted by marbe166
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.
Indeed you can, but that's a lot of extra work and trouble, especially if you are not resident in Sweden.

Johan
johan rebel is offline  
Old Oct 22, 2014, 8:06 am
  #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).

Last edited by Another user name to remember; Oct 23, 2014 at 1:17 am Reason: Typo...
Another user name to remember is offline  
Old Oct 22, 2014, 8:36 am
  #68  
 
Join Date: Jul 2009
Location: mostly not far from AMS, otherwise NUE
Programs: FB Silver, Hilton Diamond
Posts: 2,381
Well, as you say they are recommending KLM pay you. If you want the money you depend on KLM's goodwill or a lawyer.
mfkne is offline  
Old Oct 22, 2014, 8:43 am
  #69  
Suspended
 
Join Date: Feb 2007
Location: PVG, FRA, SEA, HEL
Programs: UA Premier Gold
Posts: 4,783
My guess: KLM is not going to respond at all.
warakorn is offline  
Old Oct 22, 2014, 9:41 am
  #70  
 
Join Date: Jan 2014
Programs: FB
Posts: 13
Originally Posted by tezzer
Done, thanks for the advice, I've sent them a bill for 98.5 Euros, EUClaims cut of the 250 Euros.

They can only refuse.
Did you get your money?
menzo2003 is offline  
Old Oct 30, 2014, 6:17 am
  #71  
 
Join Date: Sep 2010
Location: AMS
Posts: 198
Against all odds...

Originally Posted by warakorn
My guess: KLM is not going to respond at all.
Seems you are right. No communication from Customer Services...but did receive 250 EURO from the KLM in my bank account today! Yes, I won!
Another user name to remember is offline  
Old Oct 30, 2014, 6:36 am
  #72  
 
Join Date: Feb 2010
Location: ORD
Programs: US Air, UA BA LH AI DELTA MARRIOTT CHOICE SGP
Posts: 9,883
Originally Posted by johan rebel
KL (and most other airlines, I suspect), willfully denies pax the compensation they are due, in breach of EC261. This tactic works because there are always claimants who actually will take no for an answer, but that does not make it any less shameful.

Johan
So true.
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
HMPS is offline  
Old Oct 30, 2014, 9:51 am
  #73  
 
Join Date: Nov 2006
Location: MEL
Programs: DL, QF, QR Gold, MR Lifetime Gold
Posts: 7,003
Originally Posted by Another user name to remember
Yes, I won!
Congratulations! ^
florin is offline  
Old Oct 30, 2014, 8:20 pm
  #74  
 
Join Date: Jun 2012
Location: In between PTY, MEX and CPH
Programs: Flying Blue Plat, SAS Eurobonus Silver, Connect Miles Gold, Marriott Lifetime Plat, Hyatt Disc.
Posts: 587
Originally Posted by Another user name to remember
Seems you are right. No communication from Customer Services...but did receive 250 EURO from the KLM in my bank account today! Yes, I won!

Congrats! I'm still awaiting outcome of a case from July 2013...
Milkman is offline  
Old Nov 1, 2014, 4:46 pm
  #75  
 
Join Date: Sep 2010
Location: AMS
Posts: 198
EU Regulation 261/2004 refusal

Thank you for your kind replies. Took the €250 back to the KLM by booking the error fare from Vienna to Osaka in May.
Another user name to remember is offline  


Contact Us - Manage Preferences - Archive - Advertising - Cookie Policy - Privacy Statement - Terms of Service -

This site is owned, operated, and maintained by MH Sub I, LLC dba Internet Brands. Copyright © 2024 MH Sub I, LLC dba Internet Brands. All rights reserved. Designated trademarks are the property of their respective owners.