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-   -   Delay Compensation Services (https://www.flyertalk.com/forum/klm-flying-dutchman/1727415-delay-compensation-services.html)

KLflyerRalph Dec 5, 2015 2:56 pm

I had a surprisingly positive experience with KLM lately when I claimed compensation for my family after a technical problem arose.
Of course, I wrote quite a firm letter citing all relevant cases and EU law articles to make sure they understood I knew my rights.
I cited Wallentin-Hermann versus Alitalia—Linee Aeree Italiane SpA, case C-549/07; Sturgeon vs Condor, case C-402/07; and Nelson vs Deutsche Lufthansa AG, case C-581/10 to show technical problems do not constitute force majeur.
They complied instantly. ^

brahms77 Dec 6, 2015 5:57 am

I have a related question on this matter with the AF flight I took few days ago out of CPT.

The flight out of CPT was delayed for about 4 and half hours (announced as technical delay by the airline), landed in CDG at 9:10AM where the original scheduled arrival was 5AM. I had a connection to YUL, which wasn't affected by the delay (had a long layover in CDG), but my bag was lost in the process.

Can this be considered for a compensation claim under the EU compensation rul e for flights delayed due to technical issues (non-extra ordinary circumstances)? If so, who should I write to?

NickB Dec 6, 2015 6:07 am


Originally Posted by brahms77 (Post 25820934)
I have a related question on this matter with the AF flight I took few days ago out of CPT.

The flight out of CPT was delayed for about 4 and half hours (announced as technical delay by the airline), landed in CDG at 9:10AM where the original scheduled arrival was 5AM. I had a connection to YUL, which wasn't affected by the delay (had a long layover in CDG), but my bag was lost in the process.

Can this be considered for a compensation claim under the EU compensation rul e for flights delayed due to technical issues (non-extra ordinary circumstances)? If so, who should I write to?

The baggage issue is a separate issue which is not governed by Reg 261/2004 but by the Montreal Convention. If the baggage did not make it to YUL, you could conceivably claim for any damage resulting from te delay although, if YUL is home for you, this might limit what can reasonably be claimed as damage.
If your luggage is lost for good (i.e. not traced after 21 days) , then you can be compensated for this within the limits of the Montreal Convention.

As to the delay for the passenger as such under Reg 261/2004, there is no definitive answer to the question and the Reg can be interpreted either way, IMO. This is not a case that strikes me as good enough to chance litigating about if, as seems to me very likely, the airline refuses to compensate.

Goldorak Dec 6, 2015 9:16 am


Originally Posted by brahms77 (Post 25820934)
I have a related question on this matter with the AF flight I took few days ago out of CPT.

The flight out of CPT was delayed for about 4 and half hours (announced as technical delay by the airline), landed in CDG at 9:10AM where the original scheduled arrival was 5AM. I had a connection to YUL, which wasn't affected by the delay (had a long layover in CDG), but my bag was lost in the process.

Can this be considered for a compensation claim under the EU compensation rul e for flights delayed due to technical issues (non-extra ordinary circumstances)? If so, who should I write to?

You can definitely complain about your bag issue, but under a different mechanism as rightly pointed by NickB, but I'm really puzzled by the fact you could even think about asking for compensation for a delay of the CPT-CDG flight, while you were going to YUL and didn't miss your connection. :td:

warakorn Dec 7, 2015 1:42 am


European Supreme Court
There is no European Supreme Court.

msloch Dec 7, 2015 11:59 pm

I've had to claim twice with KLM once from YYZ-AMS and once from AMS- NBO

both times I have just filed the complaint online citing KLM assistance and compensation booklet. I did not hear from them for nearly 4 months on the first complaint and then I was contacted and accepted the 600 euro cash which a cheque was mailed to me in Canada, the second compensation I took the credit of 800 euro's as I fly monthly using KLM


both delays were due to technical problems with the aircraft. in Toronto a 7 hour delay which resulted me missing my connection in AMS, and the second in AMS was a 6 hour delay until a replacement aircraft was brought for the flight.

AJCNL Apr 1, 2016 3:04 am

I just want to quickly return to this thread to say that EUclaim have now had success with my claim. I would like to thank all those that offered the advice to use them, and would recommend them to anyone else who believes their claim has been wrongly rejected by an airline. Dealing with EUclaim was very easy, and I have no regrets about the commission they earned from me.


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