- December 8, 2023
- Posted by: legaleseblogger
- Category: Related News
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Original Content
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You can definitely take them to small claims court for the refund of your flights, transport home afterwards. But you canÔÇÖt claim for consequqncial losses, such as you booking other flights, wedding costs, etc. The terms and conditions you signed as part of your contract with the airline will specially call that out. You would need to see if you could recover those consequential costs from your travel insurance.
If you file a court order for the cost of your KLM flight, they will likely settle it for a full refund before the court date. If you try to claim the consequential loss (new flights), they may choose to fight it, but will probably just offer a refund.
You have to send a letter before action first.
When you file a court order, they have 30 days to respond, so itÔÇÖs always best to make sure they receive it at xmas so they miss the deadline.
Just go through your travel insurance. KLM will not reimburse for consequential loss but that may be covered by your insurance.
I’m surprised you’ve left it this long without getting them involved. They may even support you for any legal advice to take KLM to small claims.
Hey, nal but also in dispute with KLM over a different issue. Have you tried escalating to Aviation ADR or other place that is supposed to mediate if the resolution offered by the airline is not satisfactory? I’d escalate to them first to recover the immediate costs of travel, then small claims court for the rest. Best of luck to you, I am sorry this happened.
What have your insurers said?
Small claims over £10k is a few hundred quid.
I would use that money for a solicitors advice first and then if they agree you have a case, go small claims and add the solicitors fees on.
Or as others have said, travel insurance
If you booked using a credit card for any of this stuff, contact your provider they will do the investigation and using their own legal teams will recover costs. As a few others have said travel insurance will help with the rest.
ItÔÇÖs unlikely that the airline will engage with you directly as they typically only respond to legal challenges or insurance claims.
AviationADR should be your first point of call. Their website is archaic, and their process a little antiquated, but they are free so no complaints from me.
They have authority in the field and have secured me the cost of flights and other moneys lost due to airline staff incompetence/ignorance usually surrounding visa laws.
Given how much money you already spent, why dont you simply consult this with an attorney? It seems like you will have to take this to the court in order to get the compensation. So an attorney will be the best option in order to sue the airline and to calculate how much they should be paying.
My brother in law recently had bad experience with klm saying he wasn’t on a flight when he showed his booking. This was later changed on their system despite his screenshot after he forked out for another flight.
I believe there is an ombudsmen you can complain to especially if you have spoken directly to klm and getting no resolution
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It does not have to be a small claims track. A letter of intention with full details and the sum for all loses is the first step. If no response in 14 days then go and visit a solicitor and start the ball rolling
I had a big fight with American Airlines a number of years ago as they refused to follow the EU rules over a delayed flight. Anyway, in the end it was more about the principal.
I contacted Simon Calder (airline expert, on TV a lot) who offered good advice and the Civil Aviation Authority who provided a template letter. A year later the CAA came back to me and told me to quote a certain case as someone had take American Airlines to court and won. American Airlines at this point then sent the proper compensation.
I would contact Simon Calder and also CAA who were excellent.
This is such disgusting treatment. IÔÇÖm so so sorry you went through this. I hope you get justice.
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I’m not reading all of this, sorry, just skimmed to find the relevant bit and this stood out to me:
“They refused to correspond at first, just flat out denial but then I ended up speaking with Air France and KLM themselves. **Eventually after months they finally admitted they were wrong and I should have been on that plane,** they didn’t know why that happened and the mistake was made. They’d checked with Thier Russian and Schiphol staff, the romantic systems etc. But they weren’t going to refund me, let alone for the money I’d lost due to thier mistake.”
Do you have this admission in writing? Did you pay with a credit card (or visa/MC/Amex debit)? If so, you have a simple case to request a chargeback through your bank/card provider. Look up their chargeback/claims process and get the evidence ready. They denied boarding and admitted it was incorrect – this should be sufficient for a chargeback request.
Ohe only issue is you have left it pretty long for a chargeback… that might be an issue. But you should try. Will likely be a much easier process than dealing with the airline.
​
Also see this:
[https://www.caa.co.uk/passengers/resolving-travel-problems/delays-and-cancellations/denied-boarding/](https://www.caa.co.uk/passengers/resolving-travel-problems/delays-and-cancellations/denied-boarding/)
and further info:
[https://www.caa.co.uk/passengers/resolving-travel-problems/delays-and-cancellations/making-a-claim/](https://www.caa.co.uk/passengers/resolving-travel-problems/delays-and-cancellations/making-a-claim/)
Not going to read your post because it’s ridiculously long.
First formally complain. Ask them specifically for their final decision and make it clear you’ll take it to ADR. Then ADR, supply all the appropriate evidence to them (far more concise than you’ve done above) then go to court if need be with the ADR judgement in hand.
You can also do a chargeback if need be if you paid by card in the mean time.
I apologise for the essay and will try edit it down but I believe the info is needed for context. Thank you, I’ll try.
So just to jump in and point out the removal of one comment there regarding the media. I’ve had others suggest the same throughout and even had journalists reach out regarding the story.
“Man left stranded, new years eve, misses wedding son, airline says fu” etc etc I guess makes a good sob story to sell papers and what not.
Would that really be such a bad thing? To be clear I’m not considering this, just curious as an aside.
I appreciate all the advice given, there’s a lot there to digest from ADR to small claims. I’m hoping if anyone is familiar with small claims and in particular airline and associated law they might be able to jump in with those specifics.
Finding a solicitor is proving difficult so if I go small claims it will likely be alone. With that in mind I’d want as much legal reasons and specific laws I can pull them up on beyond my word against theirs. Ind8if any exist at all.
The Montreal convention has been mentioned and something to research.
Till next time or I’ve an update, thank you to everyone for jumping in at all with that essay.
Thank you all for the myriad of comments and advice and to those that did so and read that essay, I appreciate it was long. I’ll respond fully when I’ve had the chance to read through all of this and digest it. Thank you all in advance.
Honestly, airport staff’s knowledge of immigration requirements is shocking. I moved people all over the world, and more than enough times, I had to deal with airport staff refusing boarding of my employees because of their lack of knowledge in different visa categories and paperwork.
So thank you all for the myriad comments messages and advice, it’s all incredibly helpful and given me a lot to go over this coming week.
What I would ask, and if any of you guys know is how would one go about a small claim exactly, whether alone or not.
What I mean by this is yes it’s straightforward and fairly simple online, you state your case, give a rough timeline and away you go. But when it comes to the amount claimed you simply have to give a number. There is no breakdown and opportunity to do so.
With the various damages and compensation people have mentioned that I should be claiming on top of the actual loss, how would you go about working this out? What rules, what damages, what compensation etc?
There’s little guidance on this and just another reason I preferably want a solicitor on board who can also quote the relevant legislation and laws. But it is tough finding one with such a grey area of law.
Hence if anyone has any insight on the above and how or what you would go about calculating and adding to the claim I’d love to hear it.
Thanks always, this has been a great help. Will keep replying and updating as need be.