KL Throws balls at DL on EU 261/2004 Despite KL Handling Compensations
May 3, 2019, 2:50 am
#1
Original Poster
Join Date: Feb 2013
Location: MEL
Programs: KL Plat, Accor Diamond, Hilton Gold, Marriot Gold – ex-UA 1k, ex-AA Plat, ex-QF Gold, ex IHG P
Posts: 146
KL Throws balls at DL on EU 261/2004 Despite KL Handling Compensations
Hi FT Community,
I recently was ticketed on a DL flight from AMS to ATL (on DL metal), that was cancelled for operational reasons.
Interestingly, it is KL that emailed me then (despite having no contact with KL during the ticket purchase process, all done on delta.com). KL notifies me that the flight is cancelled and rebooking options will soon follow (they did with another email from KL). There is also a section on that email with a link to a PDF booklet about compensation (and the EU261). Long story short, I had to stay an extra night in AMS, incurred expenses, and could (maybe) claim the
This PDF booklet is here: https://www.klm.com/travel/au_en/ima...578-744708.pdf
It states on Page 2:
"THE RIGHTS REFERRED TO IN THIS BROCHURE APPLY IN THE FOLLOWING CIRCUMSTANCES:
• Your operating carrier is:
- Air France or KLM, or
- either CityJet or HOP! or JOON, or
- Delta Air Lines and Kenya Airways (when departing from an airport in the EU);"
Upon returning from my trip, I contact KL to lodge a compensation claim for the EU261 and the other expenses. KL throws the ball at DL, claiming that because I reside in APAC, DL is responsible for the claim. When contacting DL, they throw the ball at KL, claiming that I am not a US resident.
Why would you advise I do to have my claim reviewed?
I recently was ticketed on a DL flight from AMS to ATL (on DL metal), that was cancelled for operational reasons.
Interestingly, it is KL that emailed me then (despite having no contact with KL during the ticket purchase process, all done on delta.com). KL notifies me that the flight is cancelled and rebooking options will soon follow (they did with another email from KL). There is also a section on that email with a link to a PDF booklet about compensation (and the EU261). Long story short, I had to stay an extra night in AMS, incurred expenses, and could (maybe) claim the
This PDF booklet is here: https://www.klm.com/travel/au_en/ima...578-744708.pdf
It states on Page 2:
"THE RIGHTS REFERRED TO IN THIS BROCHURE APPLY IN THE FOLLOWING CIRCUMSTANCES:
• Your operating carrier is:
- Air France or KLM, or
- either CityJet or HOP! or JOON, or
- Delta Air Lines and Kenya Airways (when departing from an airport in the EU);"
Upon returning from my trip, I contact KL to lodge a compensation claim for the EU261 and the other expenses. KL throws the ball at DL, claiming that because I reside in APAC, DL is responsible for the claim. When contacting DL, they throw the ball at KL, claiming that I am not a US resident.
Why would you advise I do to have my claim reviewed?
May 3, 2019, 3:57 am
#3
Join Date: Mar 2016
Location: CPT,AMS
Posts: 4,412
The leaflet just outlines EU261, it contains info on Delta and KQ but just as applicable to any other airline, it does not mean KL will pay the compensation.
The compensation is due on the operating carrier, I would push on DL here...
The compensation is due on the operating carrier, I would push on DL here...
May 3, 2019, 8:58 am
#4
Join Date: Aug 2012
Programs: KLM Plat, BA Bronze
Posts: 383
It will be DL that would be responsible as they were the ticketer and carrier. should be a simple case unless it was weather/strike related.
this thread here as a brilliant sumation of what your rights are
The 2018 BA compensation thread: Your guide to Regulation EC261/2004
this thread here as a brilliant sumation of what your rights are
The 2018 BA compensation thread: Your guide to Regulation EC261/2004
May 3, 2019, 9:46 am
#5
Suspended
Join Date: Aug 2010
Location: DCA
Programs: UA US CO AA DL FL
Posts: 50,262
EC 261/2004 places the responsibility for processing claims on the operating carrier. That is DL. It is not KL.
However, DL does use KL to process certain payments and that is up to DL. But, it does not affect who is responsible.
My experience with DL is exactly the opposite. Claim submitted for delay (EUR 600 and a bit of duty of care expenses). DL called within 2 business days to verify payment information and sent a check within a few days after.
I would suggest starting all over again and making the claim to DL. No mention of KL at all. APAC is a big place, so worth specifying your exact country, address, and preferred currency.
However, DL does use KL to process certain payments and that is up to DL. But, it does not affect who is responsible.
My experience with DL is exactly the opposite. Claim submitted for delay (EUR 600 and a bit of duty of care expenses). DL called within 2 business days to verify payment information and sent a check within a few days after.
I would suggest starting all over again and making the claim to DL. No mention of KL at all. APAC is a big place, so worth specifying your exact country, address, and preferred currency.