KLM Refusing to Honor EU-261
 

KLM lost our checked bags for a week trip going to Kristiansand Norway. They had Apple AirTags in them, and somehow (to the denial of Delta/KLM over the phone) they were sitting in Detroit for three days. They finally arrived Thursday night into Norway per our Apple air tags, after baggage delivery service stopped for the day .

Friday they were out for delivery, and about 5 miles from where we were, the delivery service driver turned around and went back to the airport. They don’t operate on the weekends, and that Monday was a holiday in Norway. So my cousin and I drove three hours round trip to the airport and got the bags ourselves. Had we not done that the bags wouldn’t have gotten there until Tuesday (maybe).

We had a huge family get together there with a wedding because my wife’s family’s ancestors are from there. In there was a $2,000 suit and a $5,000 dress for my wife. In addition the gas I had to use to drive back and forth to the airport.

I sent KLM the receipts to be reimbursed, and from what I understand from EU-261, we’re both entitled to up to 1300€? After sending the receipts they told me their audit department “denied my request” but they’d be willing to give me $225. What a slap in the face considering that won’t even cover the gas to have to run to the airport to get my bags. I wrote them back and demanded they follow the law, and they wrote back they want to see my bank statement now for the transactions. Our cards were in our checked luggage so we used cousin’s cards. I don’t have direct access to the statements without jumping through more hoops. I don’t want to do that if they’re just gonna sent me again. They seem to be sending me on a wild goose chase, and won’t answer my questions on why their audit department denied my receipts. They are legitimate receipts.

Are they allowed to ask for bank statements? What if I paid cash? Are they in violation of the EU-261 law? Why are they being so obtuse about this? Who do I complain to force KLM to follow the law? I’m appalled at their behavior about this considering how negligent they were about this. To add insult to injury, they lost our bags returning to America too on the way back lol…. I’m at a total loss because I’ve always been promptly compensated for EU-261 claims, and airlines were always fair. Who can I contact or any advice would be appreciated. I’ve never had an airline act this way regarding this matter.

As your luggage was not lost, only delayed, the value of the items in the bag is not really relevant. What is relevant is the value of any items you were forced to purchase due to the delay. You absolutely should be expected to provide proof of such purchase especially when the value is high.

EU261 is not applicable to luggage, only to delayed or cancelled flights.

EU 261 doesn't deal with baggage. Only operational delays or cancellations for flights.

Your bags were delayed, not lost as previously mentioned. You have a right to be reimbursed for necessary essentials if you have the tickets/receipts for them, or some sort of proof for the amount and items purchased.

While EU261 doesn't deal with luggage, there is other EU regulation that does:

https://europa.eu/youreurope/citizen...en.htm#luggage

Specifically, EU889:

https://eur-lex.europa.eu/legal-cont...lex:32002R0889

It says:



1000 SDR is about 1300 EUR. I think the regulation follows the Montreal Convention, so as another posted says, you are entitled to compensation for costs incurred while you were without your luggage.

Do you normally carry your cards in your checked luggage?

It is an incredibly bad packing decision....and you are incredibly lucky that your bags were delivered to you.

If you have submitted receipts that should be enough. What was the total of the receipts submitted? Are they itemised? Is there anything about the receipts you submitted that - if you are being completely objective - look unusual/strange? If they are asking for actual proof of payment, it suggests that maybe they do not believe that all the receipts are all for your own purchases.

Also: have you considered claiming from your travel insurer?

This is a case of delayed, not lost, luggage in which you are entitled to compensation of reasonable cost incurred while you were without luggage. Buying a clean shirt, or a suit if you really needed it and waiting for your luggage to arrive is not an option. I had my issues with KL/AF not honoring EU261 compensation for denied boarding/long delays, but never with claiming such kind of 'duty of care' costs. Of course some sort of receipt of such costs should be shown, that seems a quite reasonable question of KL/AF. Really surprised that your cards of 2 people (I assume credit and bank cards), were in the hold luggage while they fit in any wallet? That is a recipe for trouble (like here, delayed or lost luggage, but theft can happen too). I'd rather have my cc on me when travelling, if only for paying a meal or drink.

As noted above, EU261 has nothing to do with mishandled bags. The airline's liability is capped at 1288 XDR (~$1740 USD) per person under the Montreal Convention.

An important point to remember: if all the bags were checked under one person's name, they'd only be on the hook for reimbursing that person, even if there are others under the same reservation.

I'm just going to focus on that one question. Understandable to seek compensation for your actual costs...BUT Given the bags and their contents were NOT LOST...why do you think you are entitled to 1300 Euro each... What FOR, exactly?

101 travel rules and pieces of advice :

- Never put expensive valuables in checkin luggage (in case they are lost, and unless you have declared their value and paid a premium to the company to insure them above the airlines' limit of liability).

I would have put the suit and the dress in separate carry on, propertly folded, considering their value... not only because it could be lost, but even if it doesn't, you'll never know if something would not spill and damage your suitcase. A friend of mine experienced this. He also travelled for a wedding with a very expensive tuxedo. A bottle of wine broke in another bag most probably next to his, and upon arrival, he discovered the disaster on the luggage belt... with a grey fabric light suitcase turning red and everything in it.


- Never put any important document (passport, driving licence...) or any mean of payment (CC or cash) in checkin luggage

Other members have already well summarized the situation: EU261 only applies to cancelled/delayed flights, not luggage. There are plenty of topics regarding delayed luggage, you'll find tons of relevant info on the forum (what to do, what you can buy).

A bag doesn't have to be declared lost to claim the maximum amount under the Montreal Convention. If the passenger can justify the 1288 SDR worth of expenses as a result of the delayed bag (I suspect a wedding dress would be reasonable enough), that's what the airline is on the hook for.

That's true, but there's also an expectation that any purchases should be commensurate with the purpose.

Need a replacement suit for a business meeting? Buy one from Marks & Spencer, not Savile Row.
Dress for a wedding? Most people manage just fine with something that doesn't cost anything like €1300. Even a few hundred at most should get something sufficiently unusual, but if there's a particular reason for needing something that expensive, then hire it.

Essentially, if the luggage is delayed the airline isn't responsible for completely replacing your whole wardrobe. If I got a receipt for the maximum amount against a relatively short delay, particularly given most people would carry something so valuable as carry-on, I think I'd be as skeptical as KLM. I'm not in the least bit surprised this has reached a fairly formal audit stage.

I have done a lot of rounds with delayed luggage, sometimes leading to me needing to go through the hassle of buying new attire, and a lot of it at times. Even for c. two day delays I’ve managed to get the airlines to pay up to the equivalent max SDR limit under the relevant Montreal Convention. If they refuse after being supplied receipts for local purchases and try to offer a lower amount, push back and push back repeatedly until you get what you deserve for the circumstances. Even offer to send the purchased goods to the airline and say you don’t want the replacement clothes but the money. If that doesn’t work and a complaint to the regulators doesn’t come with action fast enough or at all, you may have to take steps to avail to small claims court. In some parts of the US, at that point the airline may quickly collapse in its obstinate position and get to cutting a check or wiring the funds sought up to the limit of the Montreal Convention for trips covered by it.

It wasn’t that long ago that I had to buy two days of substitute formal wear for a rehearsal dinner and for the wedding thereafter. Got what I wanted and still have those clothes I would rather have not had to go run around and get in a crazy rush.

To bolster your case, present receipts and ask the relative to get online to send you a PDF of store transactions on their card that confirm the receipt charges. If they were willing enough to let the purchases go on their card, hopefully they are willing and able to get an online statement created and edited as they may deem necessary.

Good luck nowadays with taking all valuable clothes on board as cabin baggage, even if willing to do so as a passenger. Among other things, things such as 8-12kg limits on cabin baggage may mean that checking in luggage is going to have to happen anyway.

The bags were not delivered to me and it wasn’t a short delay. The bags were in Detroit for three days. Then they would’ve sat at the airport in Kristiansand for the weekend, and the holiday that Monday in Norway. We wouldn’t have had my bags for the entire trip. The only reason I got the bags was I drove three hours to the airport since the baggage delivery service turned back.

KLM has refused to honor the stuff we had to buy for the formal event, and the fuel to drive back and forth to the airport despite me saving the receipts. They were “denied” by their audit department. Also what if I paid cash? I wouldn’t have a bank statement.

I appreciate everyone’s opinions and advice for the future. My wife and I learned valuable lessons. But I need these questions answered.
What can I do now? What are they violating? What agency can I contact to force them to comply?

https://europa.eu/youreurope/citizen...htm#next-steps



- complain to national authorities
If you don't receive a reply from the airline within 2 months or if you are not satisfied with the reply, you can lodge a complaint with the relevant national authorityhttps://europa.eu/youreurope/citizen.../theme/pdf.gif in the country where the incident took place, within a reasonable timeframe. The national authority should provide you with a non-binding legal opinion on how to proceed with your claim.

in your case: https://www.reiselivsforum.no/web/ho...umentName=home