Burnhope woman on a high after ash cloud compo

Jun 26 2011 Sunday Sun

THERE was good news at last for Kay Winship after I helped win compensation for last year’s ash cloud.

I told last month how Kay and her family were stuck in Miami for six days when the Icelandic volcano erupted, causing widespread cancellations.

KLM initially tried to wriggle out of paying after claiming it was not their responsibility.

Bosses claimed EU regulations to protect passengers did not apply to the flight, which had been booked on their website, because it was operated by US-based business partner Delta Air Lines.

They told me they did not hold records of the claim and referred me to Delta.

A spokeswoman said: “The flight was operated by Delta under a joint venture arrangement. We do not think the EU regulation applies.”

But, not to be put off, I asked Delta to have a look at the complaint and they came up trumps.

Kay later received a letter from KLM, on behalf of Delta, offering compensation for hotel and food expenses.

The letter, copied to me by Delta, said: “We maintain our stance that the EU regulation did not apply in this case since the cancelled flight was not departing from an EU territory and Delta Air Lines is not domiciled in the EU.

“The regulation applies to the operating airline and therefore KLM is not liable as marketing carrier in this case.

“Our company, nevertheless, is aware of the difficult situation that confronted all of us last April and therefore we have agreed to exceptionally reimburse our customers for the reasonable proportionate cost of hotel accommodation, food, and beverages against the original receipts and purely on a goodwill basis.”

It was good news for Kay, of Burnhope, County Durham, who had feared getting nothing.

She told me: “We had to pay for six nights’ accommodation and food.

“The hotel cost £467 and the food cost about £120 per day for the three of us.

“In addition, my husband lost £480 in lost wages. Obviously I would like this refunded and compensation for our stress and inconvenience.”

KLM said they could not do anything about lost wages – Kay was referred to her insurance company – but asked for receipts for accommodation and food to progress the other parts of claim.