KLM’s name is attached to the most useful ruling a delayed passenger can cite. When an airline blames a technical fault, van der Lans v KLM (C-257/14) is the answer: the Court of Justice decided that ordinary technical problems are part of running an airline and do not cancel the right to compensation.
Which KLM flights are covered
KLM holds an EU licence, so EU261 covers:
- every flight leaving an EU or EEA airport (Art. 3(1)(a), Regulation 261/2004);
- flights into the EU from outside it, because the operating carrier is an EU airline (Art. 3(1)(b)). The van der Lans flight itself was Quito to Amsterdam;
- flights leaving the UK fall under UK261, in pounds.
KLM’s site adds that local law may apply instead on departures from some non-EU countries. It names Brazil, where ANAC Resolution 400 governs delays and cancellations.
Most KLM trips connect in Amsterdam. On one booking, the delay is measured at the final destination (CJEU, Folkerts, C-11/11). See missed connection.
Amounts: cash or voucher
KLM’s site sets three conditions:
- Arrival more than 3 hours late after a delay or cancellation.
- A flight within the scope above.
- No “special circumstances” such as extreme weather.
It then offers a choice:
| Distance of original flight | Cash (Art. 7) | KLM voucher |
|---|---|---|
| 1,500 km or less | €250 | €350 |
| Within the EU over 1,500 km, or other flights of 1,500–3,500 km | €400 | €500 |
| Other flights over 3,500 km | €600 | €800 |
The cash figures are the legal ones.
Watch out
The voucher is non-refundable, valid for one year according to KLM, and can be spent on KLM, Air France, Delta or Virgin Atlantic tickets. Payment in vouchers needs your signed agreement (Art. 7(3)).
The amount may be halved if you were rerouted and arrived less than 2, 3 or 4 hours late, depending on the band (Art. 7(2)).
Good to know
A reform of EU261 adopted in 2026 keeps the three-hour threshold and the cash amounts; its new rules do not apply yet.
When KLM can refuse
Only when it proves extraordinary circumstances that could not have been avoided by reasonable measures (Art. 5(3)). KLM lists extreme weather, political instability and third-party strikes.
A broken part is different. In van der Lans the aircraft had a faulty fuel pump and hydro-mechanical unit, and KLM argued the parts had failed without warning.
The Court held that such failures are inherent in the normal activity of an airline. Read more in technical problems.
Where to file
KLM takes compensation and expense requests through one online claim form. You can log in to your account or look up the trip with the booking code and the passenger’s first and last name.
Have ready:
- Booking code and flight number.
- Passenger names.
- Receipts for meals, a hotel or transport you paid for yourself.
- Bank details if you choose cash.
KLM says it sends status updates by e-mail and that you can also follow the request in My Trip with your last name and booking code.
If KLM refuses
- Regulator. For flights departing the Netherlands, the enforcement body is the Human Environment and Transport Inspectorate (ILT), which acts as CAA NL. It does not decide individual compensation claims. It records reports and can act against airlines that break the rules. Use its online form to report.
- Flights from the UK. The Civil Aviation Authority lists KLM as a member of AviationADR, which you can use after eight weeks without a reply or within 12 months of a final response.
- Flights from another EU country. The enforcement body of the departure country is competent.
- Court. For cross-border claims in the EU up to €5,000 the European Small Claims Procedure is available (Regulation (EC) No 861/2007).
Tip
Put the demand in writing first. Use our claim letter, and cite van der Lans if a technical fault is the stated cause.
The rights calculator gives the band for your route.