EC261 for a DL flight paid by KLM
Oct 5, 2016, 7:04 am
#16
Suspended
Join Date: Aug 2010
Location: DCA
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First and foremost, EC 261/2004 applies to the operating carrier of a flight. Who markets or tickets a flight is completely irrelevant. Thus, as to both examples in this thread, the sole question is who operated the flight. If DL is not being responsive, go back to KL and restate your claim, note that as the operating carrier it is responsible, but that you made it to DL as KL requested and that DL has been non-responsive. Accordingly, you are demanding that KL honor the claim or pass it on to DL with the requirement that DL respond on its behalf.
Second, that said, the operating carrier is, of course, free to contract out its responsibilities to others. But, that is an internal decision and does not remove the responsibility from the operating carrier. Thus, if DL handles KL customer service in North America, it may be DL which processes and handles the paperwork and payments. But, if the payments are not properly made, it is KL which is ultimately responsible.
Third, just to be clear because there is quite simply wrong information in this thread, any financial information which either clears through or is affiliated with a commercial bank which clears through the Fed, can process an item (check) drawn on a foreign bank (most certainly a corporate check drawn on a EUR account). Even the smallest credit unions process through a large commercial bank and can handle these items. That said, there may be fees for doing this and it may take time. Thus, I would not take a EUR check if it can be avoided.
Fourth, both KL and DL are quite capable of and will issue a check in US$ or CAD, as the case may be. You simply need to make the request. Neither are obligated to do so under EC 261/2004, but they will do so because they do business and maintain accounts. What KL may be limited in is its ability to pay in EUR via direct wire into a US$ account. While technically feasible (and it occurs in commercial transactions every day), it is a hassle, hence the paper check.
Fifth, the offer of voucher is up to you & KL. EC 261/2004 permits you and a carrier to negotiate compensation other than the cash amounts. If KL can arrange a DL voucher, all the better for you. If not, your options are the KL voucher or the check.
Second, that said, the operating carrier is, of course, free to contract out its responsibilities to others. But, that is an internal decision and does not remove the responsibility from the operating carrier. Thus, if DL handles KL customer service in North America, it may be DL which processes and handles the paperwork and payments. But, if the payments are not properly made, it is KL which is ultimately responsible.
Third, just to be clear because there is quite simply wrong information in this thread, any financial information which either clears through or is affiliated with a commercial bank which clears through the Fed, can process an item (check) drawn on a foreign bank (most certainly a corporate check drawn on a EUR account). Even the smallest credit unions process through a large commercial bank and can handle these items. That said, there may be fees for doing this and it may take time. Thus, I would not take a EUR check if it can be avoided.
Fourth, both KL and DL are quite capable of and will issue a check in US$ or CAD, as the case may be. You simply need to make the request. Neither are obligated to do so under EC 261/2004, but they will do so because they do business and maintain accounts. What KL may be limited in is its ability to pay in EUR via direct wire into a US$ account. While technically feasible (and it occurs in commercial transactions every day), it is a hassle, hence the paper check.
Fifth, the offer of voucher is up to you & KL. EC 261/2004 permits you and a carrier to negotiate compensation other than the cash amounts. If KL can arrange a DL voucher, all the better for you. If not, your options are the KL voucher or the check.
Oct 5, 2016, 11:23 am
#17
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Note a KLM/AF voucher can be used with DL. You'll need to call DL, but they can indeed use it. Same in reverse.
Oct 7, 2016, 9:39 am
#18
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Location: Toronto
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I have the opposite situation. I flew KLM from YYZ-AMS on Sept 4 (DL ticket stock) and flight was delayed over 4 hrs on a brand new 787 (2 weeks old) due to a deffective hydraulic part. I submitted a claim for EC261 compensation to KLM on Sept 13 and got an auto reply and nothing else.
I communicated with KLM's Facebook team and they said I needed to submit my complaint to DL which I did on Sept 21 and did not even get an auto reply with a case number. I resubmitted to DL on Oct 2 thinking I had maybe done something wrong, but again no auto-reply/case number.
What is the correct procedure for submitting a claim to DL? I would like an acknowledgement that someone is working on this. I've hear NOTHING from either airline (other than KL's auto reply).
I used the Contact Us link > Voice a Complaint > Before Trip.
I communicated with KLM's Facebook team and they said I needed to submit my complaint to DL which I did on Sept 21 and did not even get an auto reply with a case number. I resubmitted to DL on Oct 2 thinking I had maybe done something wrong, but again no auto-reply/case number.
What is the correct procedure for submitting a claim to DL? I would like an acknowledgement that someone is working on this. I've hear NOTHING from either airline (other than KL's auto reply).
I used the Contact Us link > Voice a Complaint > Before Trip.
I decided to send a message to DL via Facebook yesterday asking about the proper procedure to submit an EC261 claim. Got a prompt reply asking for my email address so they could follow up.
Today, I got an email from AFJK Customer Care ([email protected]) confirming that I was eligible for EC261 and there is a cheque for C$870.18 in the mail for me!
So it does appear that DL handles NA Customer Service issues for KL.
Thank you all for the help/feeback!
