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KLM indeed told us. I went to a service desk at Schiphol and informed a staff member that we would not be on flight KL1000 from London to Amsterdam on 16 July seeing that we were already in Amsterdam. According to the agreed terms and conditions, it was all I needed to do. The lady at the service desk told me that we must go to London and make use of flight KL1000. I told her that this is contrary to their terms and conditions and that it was completely senseless. She explained to me that she did not know the terms and conditions, but her understanding was that we needed to go to London. I asked to see her supervisor but she refused. I was friendly requested to advise KLM in writing if we were not going to use a sector. I then asked our attorneys to attend to this accordingly. I never wrote any letter to KLM. I was not in possession of my laptop or any computer and I therefore could not do it myself. Any person who suggested otherwise is doing the truth an injustice. Thelma (from KLM) phoned me late afternoon on 15 July to advise me that the students needed to be on flight KL1000 from London to Amsterdam on 16 July at 06:30 and I informed her that it was completely impossible. I later learned that she also advised our attorneys in writing accordingly. In the meantime, KLM phoned us twice to advise that flight KL1000 from London to Amsterdam was overbooked and that they would not be able to accommodate the (entire) group on that flight. I only met up with the group at 21h00 on 15 July and I immediately informed them of the problem. The mere fact that KLM told me that we needed to use an overbooked flight KL 1000 from London to Amsterdam (while we were already in Amsterdam), in order to use our seats from Amsterdam to Cape Town or Johannesburg, does not mean that they were not liable to render the service we paid for, or that they could unilaterally change the terms and conditions of the contract. Neither does it constitute an obligation on my part or make it possible for me, to pack 48 students and transport them at midnight across the North Sea and English Channel to London. Nor would it be wise for me to ignore KLM's advice that the particular flight, namely KL1000, from London to Amsterdam, was hopelessly overbooked. Andries Erwee |
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