Is KLM correct in refusing my EU 261 assistance claim?
I was supposed to fly out from Cantania on the 12th of August with KLM. Due to Etna’s eruption all flights from Cantania was cancelled. Following this I was rebooked to a flight on the 15th. On the morning of 13th I found a flight from a competing carrier (flying from Palermo) which I booked and asked for a refund of the KLM flight.
I subsequently filed an assistance claim under duty of care for the the night 12-13th with KLM which has been refused. Stated reasons for refusal are 1) force majure due to eruption 2) that I never flew with them on the 12th. Hence losses were ”to remote to be expected”
Is their refusal correct? I am only seeking reimbursement for the costs incurred, not an additional cash compensation.
Additional information:
I was never offered any assistance despite talking to KLM support 3 times (to confirm actual cancellation as it said the flight was supposed to operate from Palermo on Catania airport’s website).
It was an outbound flight as I had flown down to Palermo with a different carrier.
When the cancellation was confirmed I was already on a bus towards Palermo in an attempt to make the flight. Hence the accomodation was located in Palermo.
The flight was booked through a travel agency.
Any help is appreciated!