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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. ^ |
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? |
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? 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. |
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? |
European Supreme Court |
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. |
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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