Wednesday 16 July 2008
Flight KL 736
Route: Curacao - Amsterdam
Concerns: Cancellation
Plea:
Because the distance of the flight was 7,843 km and the new time of arrival was 25 hours later than the scheduled arrival time, compensation amounts to € 600, - per person (Article 7 paragraph 1 sub c). The cancellation is not the result of extraordinary circumstances that could not have been prevented despite taking all reasonable measures in the sense of Article 5 paragraph 3, at least KLM has niether proven nor contested this.
Counter-plea airline :
In this case KLM hides behind a letter from Dutch Minister of transport Camiel Eurlings, in which he indicates his postponement of the enforcement of the Regulation until August 1, 2008. KLM states, referring to the Minister, that the passengers are not entitled to compensation because the flight departed from an airport outside the EU. "At Curacao airport, the passengers of this flight were provided with assistance and a service recovery package as intended under Article 3.1.b. Therefore, your client is not entitled to compensation because the "unless conditions" of Article 3, paragraph 1, sub b have been complied with."