KLM EU261 claim (codeshare)
 

Hi

I booked MLA-AMS-NCL as a single booking via KLM.

MLA-AMS was operated by Air Malta.
AMS-NCL was operated by KLM.

MLA-AMS was delayed by 1.5 hours which meant I missed my connection at AMS and was rebooked by KLM on the next flight from AMS to NCL on arrival at AMS.

I arrived in NCL just over 4 hours late.

I have raised an EU261 claim with KLM as I had thought this would be correct because (a) my booking was with them and (b) the final leg of the delayed journey was operated by them.

They are rejecting stating I need to take it up with Air Malta. This doesn’t seem correct? Can anyone advise? I would imagine Air Malta would reject on the grounds the leg they operated was delayed by just 1.5 hrs.

It is Air Malta's 1.5 hour delay that caused you to miss your connection, which thereby means you are entitled to compensation (assuming no extraordinary circumstances).

KLM would have got you to NCL on time had Air Malta not delayed your arrival into AMS - so clearly Air Malta are on the hook here.

yes, understand that is the reason for the overall delay. However I am seeking to understand whom is required to issue comp under EU261.

Air Malta will say they only delayed 1.5 hours and were not responsible for the final sector.

I am a KLM customer and have no booking with AM.

I feel like both airlines have a way to try and bounce me around here.

I am seeking to understand what the law is as I have tried to research it and found it difficult to understand.

You need to claim from the airline that caused the delay.

Air Malta willingly entered into a commercial agreement with KLM and consented for KLM to sell this codeshare to you on this ticket. If Air Malta did not wish to be subject to delay claims like this one, then they could have decided not to enter into such an arrangement.

This is all part of the price of entering into such arrangements; delays which do not seriously inconvenience point-to-point passengers can inconvenience connecting passengers.

That you got to Amsterdam only 90 minutes late is irrelevant; your destination was Newcastle, not Amsterdam. Because of Air Malta's "short" delay, you had a 4-hour delay arriving in NCL.

The airline at fault is Air Malta.

If you don't wish to contact Air Malta, then turn the case over to a claims agency (who will deduct a percentage of any payout if they successfully get compensation on your behalf)

I guess I can have an open claim with both airlines at the same time? I have replied and pushed back on KLM so that is still open but I guess you’re right in that can I just go and try a claim with one of them.

Unless I’m missing it (which is quite possible) I’m just not seeing it spelled out in the regs who is responsible in these cases. Maybe it’s implied somewhere and I just don’t understand it but it’s not that clear to an average punter 😁

https://eur-lex.europa.eu/legal-cont...801%29&from=EN

https://eur-lex.europa.eu/legal-cont...LEX:32004R0261

Air Malta are just ignoring the claim submission (which is via email rather than a formal form). They don't seem to be signed up to any ADR. Any advice where to go from here?