KLM cancelled flight and transferred us to BA, who cancelled and transferred us to Air Berlin flight that was delayed. Where to claim compensation?

8/15/2017 12:43:12 AM

You have several independent claims here:

First claim:

OP: The first flight got cancelled (two months before the travel)

No valid claim exists for this change, as it was issued more than 14 days in advance:

EU261: (i) they are informed of the cancellation at least two weeks before the scheduled time of departure;

Second claim:

OP: 6 days before we were to travel from Milan

You may have a valid claim here, depending on the differences in departing and arrival times:

EU261: (iii) they are informed of the cancellation less than seven days before the scheduled time of departure and are offered re-routing, allowing them to depart no more than one hour before the scheduled time of departure and to reach their final destination less than two hours after the scheduled time of arrival.

Third claim:

OP: 3 days before we were to travel from Milan,

You have a valid claim here, due to the above clause (iii).

Fourth claim:

OP: British Airways had to cancel their flight to Heathrow (big IT-mess).

You may have a valid claim here, depending on the differences in departing and arrival times, again due to the above clause (iii).

OP: Which airline(s) should we ask for a refund?

Under EC 261/2004 the operating carrier is the carrier onto which the obligations rest, which in your case means several individual and independent claims.

EU261: (7) In order to ensure the effective application of this Regulation, the obligations that it creates should rest with the operating air carrier who performs or intends to perform a flight, whether with owned aircraft, under dry or wet lease, or on any other basis.

EU 261/2004

OP: and how much can I get?

I’m not about to put a monetary value on your claims, as it can get quite complicated with rerouting involved 🙂

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