ybz90

Hey everyone,

I just wanted to get some advice on how to get due compensation from KLM.

Long story short, I was on a direct flight that was overbooked and I got bumped to a connecting flight that delayed my arrival by a little over five hours and caused me to miss an important lunch. I was offered an 800 euro voucher, but was denied a 600 euro check, which I preferred because I am a US citizen who will not likely be in Europe again any time soon. I have a feeling it was because I told them I am a US resident that they are denying my claim.

I brought up the European Union Regulation (EC) 261/2004 as well as their own brochures, pointing out that what they are doing is illegal, but keep getting these canned responses from their reps via the claims form on the KLM site.

Under what basis are they not allowing me to choose cash over a frankly useless travel voucher for me personally? Any advice on how I can get them to fork over the cash. In desperation, I sent an email to the VP of customer service, but I doubt anyone of any relevance will ever read it.

PHXflier

The KLM travel voucher most likely is good to buy Delta tickets with as well. Would that help you?

mfkne

The regulation is really clear. You were denied boarding, so you're entitled to 600 EUR cash. You could involve one of the services specializing in those cases, like EUClaim, but obviously you'll have to pay them a fee.

Otherwise you can just keep pushing and threaten with legal action, perhaps they'll budge.

irishguy28

Refer KLM to point 3 of Article 7 - Right to Compensation:

They cannot give you a voucher without your signed agreement. Tell them that by not paying by transfer (you might find a cheque difficult to cash; KLM probably won't issue a cheque as these no longer exist in The Netherlands) they are not following EU regulations.


And if they should say that Article 7 doesn't apply and/or the voucher offer is from their own good will and therefore not available in cash, refer to point 3 of Article 4 - Denied Boarding

Article 7 does apply; KLM must pay you €600 cash per person; they cannot decide to substitute cash with a voucher (even if it is of a higher nominal value).

ybz90

Thanks for the responses. Unfortunately, no one is budging at all. KLM told me to call Delta, who is apparently handling their support, but Delta tells me they don't have the authority to issue compensation for AF or KLM... and so the cycle continues...

Any secret phone numbers to call?

EDIT: I hate to post employee information, but two in particular were extremely unhelpful. A certain Lina Dajani, via email, and a "Beebee", who is presumably a supervisor on the phone. The former gave no reason at all for the denial (the quotes in the OP came from here) and the latter on the phone just now told me my voucher is "nonrefundable" even though I never agreed to it and also that the cash compensation is only available in person at the ticket counter when I was boarding. I pointed out this very rep is the one who told me to apply online, and this assertion is probably untrue since there is a KLM web form solely for the purpose of requesting compensation. Still no luck.

ybz90

I don't fly enough to justify it and I usually just take Southwest for the 4-5 round trips I do a year.

irishguy28

I'm flush with the excitement of having my first ever successful claim for compensation under EC261/2004 just granted 30 minutes ago - not by KLM - though it took a lot of to-ing and fro-ing in the past 6 weeks.

Don't give up!

There are agents that will press the case for you, but I would recommend that you just persist. You are clearly due compensation, and once KLM realise you're not just going to go away, they will surely have to fold.

However, if it does look hopeless, only then should you get one of the refund agencies on your case. They say that they will take the case as far as court, if it should even go that far, but KLM really has no defence so it shouldn't. They take a fee from your compensation (and no charge if, for whatever reason, they fail to obtain compensation).

Recent reports suggest that KLM were relatively reasonable as regards paying out compensation. They are being stubborn with you. But I think they are just relying on you to give up. Don't give up!

johan rebel

Shameful behavior.

No wonder that only 2% of those entitled to compensation ever get any.

Johan

Hobbes01

Use the Online Form under "Other Claims" on this page: http://www.airfrance.us/US/en/local/...eclamation.htm to submit your request for EC 261/2004 compensation.

Make sure you save a copy of your letter outside the web form because it can be quite buggy and you could lose your data without it getting submitted. If you word your request properly, you should receive a check from Delta in US dollars, although it will probably take longer than the 30 days they promise. I submitted a claim for an AF delay (flight leaving from CDG, arrived at destination four hours and five minutes late) earlier this year that was reimbursed without any issues. (I must be part of the lucky 2%)

This thread: http://www.flyertalk.com/forum/briti...61-2004-a.html on the BA forum has some useful tips on wording you could use for your claim. Good luck!

KLflyerRalph

I read an article the other day that a few years ago only about 800 Dutch passengers received compensation in that year. Not even two B747's!
Since then, the number has gone up dramatically.

peekyblinder

Surely you can claim online via one the legal firms who handle this kind of thing

ybz90

Thanks again for the advice, everyone. I ultimately gave up on Delta, and used a foreign address so I could try to get support from KLM directly on this issue. The confirmation said they would get back within in ten days so they have a few left....

Diabo

If KLM keeps trying to keep your cash, fill out the form on http://www.ilent.nl/english/aviation...ing/index.aspx and let them kick KLMs behind for you. Send a copy to KLM too.

They're really good at scaring the airlines (been there, done that, got the money), because they have the authority to make KLM pay some serious fines that dwarf the few hundred euros they owe you.

If you want to claim interest on the late payment, make sure to let KLM know right away, because that sets the timer running. The interest is close to nothing, but claiming it tells them you've researched your legal rights and are willing to put up a fight.

BigFlyer

Not really true, see: http://www.flyertalk.com/forum/klm-f...ed-flight.html

Aviatrix

I will tell the full story later, and in a different thread (the one I started at the time)... but I'm pleased to report that I've just received EU261/2004 compensation from KLM in a case where they strenuously denied liability until the very end. I issued a summons in the UK Small Claims Track, and they responded by writing a cheque for the full amount plus court fees - just like that.

So - if you have an address in the UK, or in a country with a similar small claims system, then it looks like that's the way to go.