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LETTER BEFORE CLAIM

AIR FRANCE KLM UK Head Office Plesman House 2a Cains Lane Bedfont TW14 9RL

Mr.

United Kingdom

Date Your Reference(s)

27 February 2013

To whom it may concern, I write in relation to a demand for compensation made under EC Regulation 261/2004 in accordance with the Civil Procedure Rules concerning Pre-Action Protocol. The particulars of the delay(s), for which compensation is claimed, are as follows: 31 December 2011 / PNR KL898 KL1093 Beijing [PEK] to Amsterdam [AMS] Amsterdam [AMS] to Manchester [MAN] Delayed by 117 minutes (1 hour 57 minutes) Final connection missed as a result of KL898 delay

(Original) booked arrival time into Manchester was 16:20 PM. As a result the late arrival of KL898 into Amsterdam, the booked and ticketed connecting flight to Manchester was missed. This resulted in a KLM staff or representative arranging an alternative route as follows: KL1027 BA1408 Amsterdam [AMS] to London Heathrow [LHR] London Heathrow [LHR] to Manchester [MAN] Arrived at Manchester at 21:40

(Actual) arrival time into Manchester was 21:40 PM. THIS IS A 5 HOUR 20 MINUTE DELAY. You will note from the reference(s) provided that this was a through booked journey. The return journey consisted of two separate flights, but nevertheless consisted of just one return journey and one return ticket (per passenger). From the information provided above, you will be able to conclude that my journey was delayed by a total of 5 hours, 20 minutes. As a result of this unacceptable delay, I have formed the opinion that according to EC Regulation 261/2004, the passengers on this booking are entitled to compensation as follows: MISS MR – EURO €600 (Flight distance 3500km+, delay of 4+ hours) – EURO €600 (Flight distance 3500km+, delay of 4+ hours)

Unfortunately, despite the above information being presented, KLM Customer Service representatives are currently contending that no compensation is payable as KL898 was only delayed by approximately 2 hours. This interpretation of the EC Regulation is incorrect as the entire journey delay must be considered, (i.e. not individual legs). 1

It is unfortunate that KLM have not yet been able to conclude this matter expeditiously and amicably. It is further regretful that legal proceedings may be required to resolve the issue. However, should KLM re-consider the decision to refuse compensation, and subsequently pay the amount claimed, within 28 days, no further action need be taken. In the event that you maintain your position and refuse to provide compensation, in the spirit of maintaining a positive approach towards amicably resolving this claim, I am happy to consider any other system of Alternative Dispute Resolution, you may subsequently suggest as an alternative to proceeding directly to court. If this is necessary, please contact me, explaining, and providing me details of, your preferred method of resolution. If you intend to dispute your liability of this claim, please provide the following information: 1) All information relating to the reason for the delay to KL898. This information should contain technical descriptions. Should the information contain reference(s) to other documents, those documents should also be provided. As part of this claim, I intend to rely on the right to claim compensation as provided for under EC Regulation 261/2004. The Courts of England and Wales will have jurisdiction over any subsequent claim. Should you continue to dispute your liability, and the matter come before a court, an application will be made for costs incurred as a result.

SUMMARY Total amount claimed: €1200 EURO ( 2 passengers @ €600 EURO each) Please respond within 28 days or proceedings may be instigated without further reference to you.
In closing, I would draw your attention to section II (4) of the Practice Direction which gives the courts the power to impose sanctions on the parties if they fail to comply with the direction including failing to respond to this letter before claim. Yours Faithfully,

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