Originally Posted by
orbitmic
Sorry, but you misread article 5. What it says is that you get the compensation set up by article 7 unless you have been informed more than two weeks ahead of the flight or you have been informed at least 7 days ahead of time AND the proposed rerouting disrupts your trip by less than 2 hours.
I am sorry, but no matter how many times I re-read article 5, I come to the same conclusion. Article 5 (c) you are referring to, has 3 sub-points:
(i) informed more than 2 weeks ahead
(ii) between 2 weeks and 7 days ahead
(iii) less than 7 days ahead,
which was my case
Could you please let me know what I misread here? As I said I am entitled to compensation, that is the same as what you write.
Originally Posted by
orbitmic
In this case, assuming that you were not informed of the cancellation ahead of time, what happens is that article 7 kicks in and cancellation is treated just as a long delay.
Do not understand. Can you please elaborate?
To me, according to Art. 5.1 (c), I have the right to get compensation.
According to Art. 7.1 (c) this compensation is 600 EUR
According to Art. 7.2 (c) this can be reduced to 300 EUR if arrived at my final destination less than 4 hours late
Therefore, the question, how late did I arrive?
Originally Posted by
orbitmic
In this particular case, while train journeys are not normally considered by the regulation, in this case you are indeed in an odd situation because your itinerary was to ZYR. I think that a judge would consider that the criterion would be the difference between your original and actual arrival time at destination.
Yes, but what is the destination for the scope of EU261? If it is indeed ZYR, then I indeed arrived more than 4 hours late.
Originally Posted by
orbitmic
Either way, though, your calculations A and C, are simply mistaken. If looking at case A, you simply would not compare arrival into BRU to arrival into AMS! You mention that you were also offered a rerouting to AMS and it is unclear from your post when it would have arrived. Clearly, however, you refused that rerouting in favour of the BRU one.
Yes I have refused the routing to AMS, because I wanted to go to Brussels, not to Amsterdam!! Why would I accept a routing to AMS if I want to go to Brussels? The AMS routing they proposed was 8.40 - 12.40, fwiw.
Originally Posted by
orbitmic
When it comes to the calculation of C, if indeed your destination remained ZYR, did you ask KL to ensure that you would be taken to that particular destination rather than BRU?
I was talking to a transfer desk agent at DXB that did not even know what ZYR was. She offered me 3 possibilities: AMS, BRU or shut up and go away from my counter.
Originally Posted by
orbitmic
You would have been entitled to then arranging your transport to the Midi station and then could have compared arrival time. Failing that, if you just made your own way, I'm afraid that no judge would take that as a sensible measure of your actual arrival time as they would have no way of knowing how quickly and efficiently you made your own way to Bruxelles Midi.
How would KL have arranged my transport to the Midi station other than telling me to buy a train ticket myself and send it to customer service for reimbursement?
Furthermore, I have the proof of the time I declared my lost luggage, I have proof of the time I have bought my train ticket, and I have proof of the train I took to ZYR.
Originally Posted by
orbitmic
I know it is frustrating but it would have been better to let KL take care of that land journey and then you would have been able to hold it against them.
How? Please tell me how to force KL to arrange transport for me from BRU to ZYR, standing in front of a transfer desk in DXB at 4 am.
Originally Posted by
orbitmic
You were clearly inconvenienced but I would recommend that you instead write to KL asking for a gesture of good will which they would have a chance to approve. In my view, asking for EC261 compensation will not only be rejected but lead to them taking a hard line on your case.
I was planning on doing that anyway. But I wanted to know the legal situation behind it. Seems that there is a lot of confusion about EU261. If I want compensation I would go through an agency.