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Air Passenger Rights - warning

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KARL | 13:44 Fri 26th Mar 2010 | Travel
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This is a duplicate post with Legal/Civil

When travelling on KLM via Amsterdam on a long haul flight, I arrived into Schiphol behind schedule but the gate for my onward flight was still open. Not only were the staff still accepting passengers, but I could see everyone waiting to board (mostly sitting down). Nevertheless, I was told I had been rerouted onto another airline and I should speak to the transit desk. In spite of my protests and the transit staff's efforts, I was not allowed onto my onward flight which eventually left. Instead I was routed through yet another airport and arrived hours late at my destination. This was a simple case of denied boarding.

This happened just after the EU law on this, delays, etc. came into effect, yet I was not advised of my rights, offered assistance with communications or any refreshments. I promptly made a complaint to KLM and eventually asked for compensation as called for by law. Over time KLM gave three different explanations for the incident (security, missed connection and computer-says-no) and refused to pay. In addition to complaining to KLM, I contacted both Dutch and UK relevant authorities at the time but they lacked teeth to do anything about it and directed me to the courts. The correspondence spanned nearly two years.

More recently, I became aware that there are now National Enforcement Bodies (NEBs) in many/all EU countries and one is to go through the NEB in the country where the incident occurred. I contacted the Dutch one which has just replied to say that since the case is more than two years old it is too late - they again advise me to go to court. It is clear that airlines (at least KLM) will have done their best to avoid the implications of the law as much and for as long as possible and thereby actually succeeded in rendering the law ineffective. To some extent this is no doubt what has made the NEBs necessary.
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Part 2

Therefore, I advise anyone with a complaint to raise it without delay. Familiarise yourself with your rights and in the first instance raise the complaint with the airline and if not satisfied with the response turn to the relevant NEB. Not all countries will have a deadline, but some clearly do. Going to court is more demanding on your time and also raises issues of complications such as physically going there and possibly representing yourself.
Hi Karl
I have also had problems with KLM. My flight into Schiphol was delayed and though I managed to get to the gate in time, I was told I couldn't fly without my luggage and would have to rebook on a later flight.
Six hours later I flew with China Air (or Air China) - never sure which of these it was, but I hate both of them. Arrived in Beijing for an onward flight to Dalian and - guess what - no luggage.
It arrived the following evening - Chinese customs had broken the lock, rifled through, and worst of all, sampled my Cadbury's Heroes. To add insult to injury, I had to pay the hotel to send someone to the airport to collect it.
KLM - never again. Planes are ancient too.
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Ah, how interesting - I too was initially told I could not fly without my luggage (the security version of an explanation). I asked if when their passengers do not get their luggage on arrival, do they send them to Tokyo, Timbuktu or wherever to go and collect it and escort it to the correct destination. This brought a smile and the obvious comment: Of course not. In the event, once I arrived at my destination, guess what, there was my case waiting for me. It had arrived on the KLM flight hours earlier, the very same one that I had been bumped off. We know people regularly fly minus their luggage, that is why so many end up minus their change of underwear, etc. That particular excuse was dropped for the later ones.

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