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Advice on complaint for delayed flight

  • 02-08-2013 6:14pm
    #1
    cruhoortwunk
    Registered Users, Registered Users 2 Posts: 2,355 ✭✭✭


    Looking for some advice on how best to approach a complaint about a delayed flight. Here's the background:
    I booked a flight from Dublin to Amsterdam with KLM. The first leg to Amsterdam was operated by Aer Lingus, but the flight as a whole was KLM. The Dublin to Amsterdam leg was delayed by an hour, which meant we missed the leg from from Amsterdam to Vancouver. We had to wait a day for the replacement flight. They did put us up in a (****ty middle of nowhere) hotel. Our replacement flight was with a few different airlines, and we had to go via Seattle instead of direct. We ended up at our final destination about 24 hours later than scheduled. There were lots of other problems too, but I don't want to write an essay here. I complained to KLM and they offered me €150 in KLM vouchers.

    I pushed back on them to say that we were entitled to €600 compensation under EU regulations. (Flight was over 3500km, from EU airport, delay was over 4hrs.)
    http://www.citizensinformation.ie/en/travel_and_recreation/air_travel/compensation_for_overbooked_and_delayed_flights.html
    KLM response:
    'We have carefully reconsidered your request and taken into account all relevant details for your delayed flight. Consequently, we confirm that the airline who operated the flight in question was Aer Lingus. Therefore, I must respectively refer you to them to pursue your claim further. This is in accordance with the European Union regulation.'

    I pushed back on them, saying that Aer Lingus was operating the flight on their behalf, that they were a codeshare partner. The flight even had a KLM number (KL3154)
    KLM next response was that it was not their responsibility:
    'Whilst I can appreciate that you believe that because your flight ticket was purchased in its entirety from KLM, KLM are responsible for any compensation claims and I regret to advise you that this is not the case.
    Any claims for compensation for delays under EU legislation must be made to the operating carrier of the flight in question and we are therefore unable to offer any compensation to you on this occasion. I would respectfully reiterate that in order for you to receive any compensation due to you on this occasion, you will need to contact Aer Lingus directly.'

    I wonder whats is the best step next-do I target KLM or Aer Lingus? Aer Lingus will just say it was an hour delay, and so I am not entitled to compensation. KLM may stick to their story, but I can report them to the EU Commission for Aviation Regulation.


Comments

  • #2
    Yamanoto
    Closed Accounts Posts: 5,489 ✭✭✭Yamanoto


    What was the reason given for the initial delay out of Dublin?

    If an airline can prove it was caused by an extraordinary circumstance which was unavoidable (even if all reasonable measures were taken), then no compensation will be payable. Though common sense would point towards AF/KLM being liable as the ticketing airline, that's guesswork on my part.

    With regard to connecting flight delays and subsequent late arrival at your final destination, this ruling from the European Court of Justice looks most favourable.
    Therefore, the Court answers that a passenger on directly connecting flights must be compensated when he has been delayed at departure for a period below the limits specified in the regulation, but has arrived at his final destination at least three hours later than the scheduled arrival time.
    http://curia.europa.eu/jcms/upload/docs/application/pdf/2013-02/cp130018en.pdf


  • #3
    sleepingghost
    Registered Users, Registered Users 2 Posts: 43 ✭sleepingghost


    Check your ticket to ensure this was a KLM flight. Does your actual ticket state and EI XXX or a KL XXXX flight number? I've had a similar situation in the past and eventually it turned out that I actually purchased two separate tickets. I had purchased a single itinerary through a large and reputable travel agent

    I missed my connection in London for a business trip to Asia with all the hassle and frustration that entails. I contacted the airline directly afterwards for compensation and they explained I had actually purchased and EI flight to London (Not BA codeshare flight). My travel agent confirmed this (who my company give a lot of business to!). Apparently it is significantly more expensive to book flights on a single ticket. Aer Lingus have a wide range of partner airlines who Aer Lingus can check baggage through to the final destination for. The exact same "protected connections" flight would have cost an extra €60 euro for me.


  • #4
    keithclancy
    Registered Users, Registered Users 2 Posts: 9,208 ✭✭✭keithclancy


    sleepingghost wrote: »
    Check your ticket to ensure this was a KLM flight. Does your actual ticket state and EI XXX or a KL XXXX flight number? I've had a similar situation in the past and eventually it turned out that I actually purchased two separate tickets. I had purchased a single itinerary through a large and reputable travel agent

    I missed my connection in London for a business trip to Asia with all the hassle and frustration that entails. I contacted the airline directly afterwards for compensation and they explained I had actually purchased and EI flight to London (Not BA codeshare flight). My travel agent confirmed this (who my company give a lot of business to!). Apparently it is significantly more expensive to book flights on a single ticket. Aer Lingus have a wide range of partner airlines who Aer Lingus can check baggage through to the final destination for. The exact same "protected connections" flight would have cost an extra €60 euro for me.

    Would have been a KLM Flight number as the OP wouldn't have the Aer Lingus confirmation code to check in online and Aer Lingus don't let you check in with the Ticket number.

    AFAIK op, the regulation only covers the direct flight not the connecting flight as a whole.

    E.G.
    If the KLM flight from Schiphol was delayed then you would be entitled to 600 euro compensation.
    If the Aer Lingus flight was delayed as per the regulations you would be entitled to the lower amount.

    Note that it says 'flight' and not 'journey'
    You are denied boarding against your will
    Your flight is cancelled
    Your flight is delayed


  • #5
    cruhoortwunk
    Registered Users, Registered Users 2 Posts: 2,355 ✭✭✭cruhoortwunk


    Yamanoto wrote: »
    What was the reason given for the initial delay out of Dublin?

    If an airline can prove it was caused by an extraordinary circumstance which was unavoidable (even if all reasonable measures were taken), then no compensation will be payable. Though common sense would point towards AF/KLM being liable as the ticketing airline, that's guesswork on my part.

    With regard to connecting flight delays and subsequent late arrival at your final destination, this ruling from the European Court of Justice looks most favourable.


    http://curia.europa.eu/jcms/upload/docs/application/pdf/2013-02/cp130018en.pdf

    Hi,
    the reason given by Aer Lingus was 'fueltank contamination'


  • #6
    cruhoortwunk
    Registered Users, Registered Users 2 Posts: 2,355 ✭✭✭cruhoortwunk


    Update on this. I contacted Aer Lingus about compensation, but they are playing the 'extraordinary circumstances' card. The reason cited is 'due to an issue with fuel uploading'.
    Can I challenge this?


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  • #7
    schemingbohemia
    Registered Users, Registered Users 2 Posts: 5,606 ✭✭✭schemingbohemia


    I think you need legal advice on this but I can't see how fuel uploading could possibly fall within "extraordinary circumstances" as it's something that happens numerous times per day.


  • #8
    kerry4sam
    Registered Users, Registered Users 2 Posts: 15,127 ✭✭✭✭kerry4sam


    cruhoortwunk wrote: »
    Update on this. I contacted Aer Lingus about compensation, but they are playing the 'extraordinary circumstances' card. The reason cited is 'due to an issue with fuel uploading'.
    Can I challenge this?

    Hi there cruhoortwunk,

    Thanks for reporting back with your update. I echo the above in that you would be better off seeking legal advice on this. Legal advice, I am sure you know, is not permitted on boards.ie so I am closing your thread here.

    Hope you receive closure with this,
    kerry4sam


This discussion has been closed.
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