KLM Airline

KLM stands for " Koninklijke Luchtvaart Maatschappij ", which means " Royal Aviation Company " in Dutch. Also known as KLM Royal Dutch Airlines, it is the flag carrier airline of the Netherlands. Founded in 1919, it is the oldest airline still operating.

In 2004, KLM merged with Air France to form the Air France-KLM group. This group is the fifth largest airline company in the world by revenue.

KLM serves 135 destinations in 66 different countries, and up to 146 when including seasonal routes. KLM offers global coverage. However, as a European airline, it is subject to European law.

What law applies to a KLM flight? Explanation.

KLM and European regulation

Since flights often occur between two different countries, it is not always easy to know which law applies.

The Regulation (EC) No 261/2004 established a common framework for commercial flights within the European airspace.

It applies to:

any commercial flight departing from the European Community area (including Switzerland, Norway, and Iceland)
any flight arriving in the same community area, operated by an airline based there.

As a Dutch airline, KLM is based within the European Community area. This applies to all its flights.

There is one exception: flights departing from and arriving in third countries, with a stopover in the European Union. This is the exception that proves the rule.

What are your rights under Regulation (EC) No 261/2004?

Under Regulation (EC) No 261/2004, you have certain rights when travelling by air. These are obligations for KLM.

Reaching Your Destination

When booking a flight ticket, you make two commitments: having valid documents and arriving on time for boarding.

If you meet these conditions, KLM must take you to your intended destination.

However, your flight may be disrupted. This could be a simple delay, but your flight could also be cancelled. It's also possible that KLM might deny you boarding due to overbooking.

In the event of cancellation or overbooking, they are still obliged to get you to your destination. The airline must offer you a replacement flight, under the same conditions, as soon as possible.

If no re-routing solution suits you, you can cancel your flight ticket. In this case, the airline must fully refund you. Cancellation is also possible in case of a delay of more than five hours.

If you accept the refund, you forfeit the right to take the flight. You also waive any material assistance and any future compensation.

Covering your expenses in case of major disruption

Sometimes, a flight may experience a major delay (several hours). This can incur additional expenses (meals, drinks, phone calls).

If this affects you, KLM must, within reason, cover these expenses. In the case of re-routing, if your flight requires you to depart the next day, KLM will cover your accommodation costs.

Compensation, under conditions

Sometimes, your flight may face complications without you being at fault. If it is delayed or cancelled, or if you are denied boarding due to overbooking, you may be entitled to a fixed compensation.

Regulation (EC) No 261/2004 indeed provides for compensation, the amount of which varies according to a defined scale.

If your flight is significantly delayed (at least three hours), you can claim compensation. It amounts to:

€250 for a flight of less than 1500 km with a delay of 3 hours or more
€400 for a non-EU flight between 1500 and 3500 km or an EU flight of more than 1500 km with a delay of 3 hours or more
€600 for a non-EU flight of more than 3500 km with a delay of 4 hours or more.

If your flight is cancelled, it will not take place. KLM will therefore rebook you on another flight. You can claim compensation, even if you are below the thresholds set for a simple delay. However, in this case, the compensation will be halved. It changes from:

€250 to €125 for a flight of less than 1500 km with a delay of less than 2 hours
€400 to €200 for a non-EU flight between 1500 and 3500 km or an EU flight of more than 1500 km with a delay of less than 3 hours
€600 to €300 for a non-EU flight of more than 3500 km with a delay of less than 4 hours.

In the case of overbooking, the compensation scale applied is the same as for a flight cancellation.

your rights under EC Regulation 261/2004 for a flight with KLM

Exceptions

To claim compensation from KLM, certain conditions must be met. The incident must be due to the airline and relate to issues it could have foreseen. In some cases, KLM will not be required to compensate you:

if they informed you of the flight disruption at least 15 days in advance
if they offer you a re-routing solution at the same times
in cases of extraordinary circumstances (strike, risk situation for staff and/or passengers, bad weather, etc.).

Generally, for the airline to compensate you, it must have been able to foresee the disruption and be responsible for the inconvenience caused.

In the specific case of overbooking, the airline will always be considered responsible. This practice involves selling more tickets than there are seats on an aircraft. If all passengers show up for boarding, some will not be able to board.

This practice is not illegal but is strictly regulated. It is a commercial choice by the airline. Therefore, it remains fully responsible. KLM must compensate you.

What happens in the event of a strike by KLM staff?

A strike, in general, is an extraordinary circumstance. It can cause flight disruptions. However, this only applies to strikes by airport staff (baggage handlers, air traffic controllers, etc.).

If KLM staff go on strike, the airline could have foreseen the disruptions. It remains fully responsible and must compensate you.

Do you want compensation for your KLM flight? Delayed can help you make your claim

Was your KLM flight disrupted? If you experienced a delay, cancellation, or overbooking, you are eligible for compensation under European regulations.

However, compensation is not automatic. To receive it, you must make a claim. You have up to two years to do so.

Delayed, a specialist in air passenger rights, can assist you with your claim.