EU261 compensation for lap infant
Aug 6, 2019, 6:15 am
#1
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EU261 compensation for lap infant
I'm currently arguing with KLM over whether an infant travelling in their parents' lap is entitled to compensation under EU261/2004 or not. KLM do not dispute that compensation is due in general (we got compensation for the adults without a hitch), but they dispute that the lap infant is entitled to compensation. First they argued that it's because the infant doesn't have their own seat, once I pointed out that the regulation doesn't require a seat they argued that it's because the infant used a fare that's not publicly available, even though anyone can book that fare for an infant via klm.com.
I've given them a last chance to change their mind before I hand this over to my legal insurance for further processing. I'll keep everyone posted.
I've given them a last chance to change their mind before I hand this over to my legal insurance for further processing. I'll keep everyone posted.
Aug 8, 2019, 8:36 am
#2
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Do you actually pay a fare for a lap infant.... or do you pay a service fee for a lap infant? That is the interesting part on this post.
Your legal insurance will probably say... something you will dislike. They are mostly bean counters which will not want to pursue something like this.
Your legal insurance will probably say... something you will dislike. They are mostly bean counters which will not want to pursue something like this.
Aug 8, 2019, 8:38 am
#3
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Check whether this is covered in the big sticky and extremely authoritative/comprehensive EC261 thread in the BA forum. If anyone knows, the answer will be there.
Aug 8, 2019, 10:25 am
#4
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Well, here's what the receipt says for an adult:
And here's what the receipt says for the infant:
The adult fare is listed as "Ticket price", and since the only component listed on the infant's ticket is also "Ticket price", it follows that that is the fare that the infant paid.
And here's what the receipt says for the infant:
The adult fare is listed as "Ticket price", and since the only component listed on the infant's ticket is also "Ticket price", it follows that that is the fare that the infant paid.
Aug 8, 2019, 2:58 pm
#6
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Aug 9, 2019, 12:00 am
#7
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The regulations talk about having a ticket. Does the infant have their own e-ticket? This should be a number, most likely starting with 074 in case of a KLM booking.
Aug 9, 2019, 2:23 am
#8
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I've just checked my old flights with a lap infant, and each time my daughter had a e-ticket number with KLM (also with BA or MEA)
So probably E261 applies. Then the other question is more an ethical one (don't shoot, i'm not saying one or the other ;-) )
So probably E261 applies. Then the other question is more an ethical one (don't shoot, i'm not saying one or the other ;-) )
Aug 9, 2019, 7:41 am
#10
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You are likely to have to sue KL to get these funds. It's worth it to KL to fight these and, if it starts losing on a regular basis, it will pay out and make a determination as to whether 10% is sufficient to cover its risks for infant tickets. Should go without saying that payments under the Regulation may be nominally made by the carrier, but are derived from fares.
Aug 9, 2019, 8:49 am
#12
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The regulations talk about having a ticket. Does the infant have their own e-ticket? This should be a number, most likely starting with 074 in case of a KLM booking.
Ticket was there, hence, EC261/2004 compensation is due;
Aug 22, 2019, 12:41 am
#13
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KLM are leaving me no other option than going the legal route, certainly after sending me another message ending with this gem:
KLM niet meer zal ingaan op een volgende correspondentie over dit onderwerp
Aug 22, 2019, 11:28 am
#14
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Aug 24, 2019, 8:33 am
#15
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Would really go for legal action yourself?
I would approach one of these claim companies. If they see a succes of this. You could outsource it to them... lot of hassle can be taken out of your hands.
I would approach one of these claim companies. If they see a succes of this. You could outsource it to them... lot of hassle can be taken out of your hands.