Canceled and rescheduled flight the day before: Am I entitled to a hotel reimbursement during my layover? (page 2 of 2)

I’m also wary of how long customs formalities take when arriving in the US in LA.

It’s simple. When you get off the plane you arrived on in the US, you have to pick up your checked baggage, even if you’re just in transit. Then you follow the signs for connecting flights. You go through customs with it, then hand it back right after. I’m not saying you have to recheck it (that was already done in Lyon)—it’s already tagged, and you just have to drop it off. Usually, I’ve just gotten one or two questions from the customs officer, nothing more. You also have to, even if you’re just in transit, go through passport control at the border patrol.

Always allow extra time for connections in the US because of the formalities—the concept of transit doesn’t exist there. Even in transit, you’re entering US soil.

And most importantly, before you start your trip, make sure you have an ESTA.

Best regards

Thanks ElviajeroPar for the very helpful details.

Hi there,

And this proves (once again) that airlines "try" to pull a fast one—and often get away with it... (too bad for the passengers)....

Hello,

And this proves (yet again) that airlines "try" to pull a fast one—and often get away with it... (too bad for the passengers)....

Hello,

This isn’t really about "pulling a fast one," but rather a loophole in the regulations. Just to remind you, the law is word-for-word, comma-for-comma.

Article 5 of Regulation 261/2004 of the European Parliament and Council (still in effect until the new regulation comes into force in a year) states:

"Cancellations 1. In the event of a flight cancellation, the passengers concerned shall: a) be offered assistance by the operating air carrier in accordance with Article 8; b) be offered assistance by the operating air carrier in accordance with Article 9, paragraph 1, point a), and paragraph 2, as well as, in the case of re-routing when the reasonably expected departure time of the new flight is at least the day after the planned departure of the canceled flight, the assistance provided for in Article 9, paragraph 1, points b) and c), and [...]" end of quote. So there are two distinct cases. The first case only entitles you to Article 9, paragraph 1, point a), and paragraph 2. Only the second case (re-routing at least the day after) entitles you to points b) and c).

Article 9 (quoted): "Right to care 1. When reference is made to this Article, passengers shall be offered free of charge: a) refreshments and meals in reasonable relation to the waiting time; b) hotel accommodation in cases where: - a stay of one or more nights becomes necessary, or - when a stay additional to that intended by the passenger is necessary; c) transport from the airport to the place of accommodation (hotel or other). 2. In addition, the passenger shall be offered the opportunity to make free of charge two telephone calls or to send free of charge two telexes, two faxes or two e-mails." end of quote.

However, the re-routing offered isn’t the day after but the day before. Logic would suggest it should be the same, but law and logic aren’t the same thing—even if airlines aren’t prohibited from making a commercial gesture (which is rare).

In the case of a canceled flight, whether in this situation or another, the first thing to do isn’t to contact (or respond to) the airline. The very first step is to check https://www.google.com/travel/flights for other available flights, ignoring any layovers, for two reasons.

The first reason is detailed here (don’t consider compensation if cancellation is more than 14 days before departure): https://retardimportantavion.wordpress.com/2023/09/29/indemnisation-meme-si-circonstance-extraordinaire-droit-reacheminement-dans-les-meilleurs-delais/

and an example procedure: https://retardimportantavion.wordpress.com/2024/01/12/reacheminement-catastrophique-droit-indemnisation-meme-circonstances-extraordinaires-2/

The second reason, which applies to the case here, is to be able to propose an alternative re-routing to the airline that will most likely be accepted without any discussion—and without any extra cost.

In this case, there was a flight option operated by Air France, then Delta, via Paris (+ 1 other layover) instead of the KLM, then Delta, via Amsterdam (+ another layover), with both connecting flights having a comparable total duration.

Air France, Delta, and KLM are used to working hand in hand, and the agreement was almost certain in advance, with no extra cost. But once a passenger accepts a proposed re-routing, it’s final.

Additionally, I’d like to address another aspect of this case. The passenger says they bought a KLM ticket from Air France-KLM while considering action against Air France-KLM.

It’s common in court to see a passenger without a lawyer suing Air France-KLM or Air France when the flight was operated by KLM. Just a reminder: Air France-KLM is a holding company, not an airline, while Air France and KLM are two legally distinct airlines, even though they belong to the same holding company.

The defendant’s plea always boils down to just a few words: "We are not the operating air carrier." The judge has no choice but to rule against the passenger who sued the wrong company instead of taking action against the "operating air carrier," meaning KLM.

Best regards,

Dear ElviajeroPar,

Thank you so much! I’m still amazed by your incredibly detailed knowledge of Regulation 261/2004. Even though I know quite a bit about it too, I’m *very* far from your level of expertise!

Thanks again and best regards, Chris

Hi there,

I came across your thread a bit late, but if this can help others in the same situation: yes, the overnight stay is claimable. When an airline re-routes you and the imposed itinerary forces you to spend the night during a layover, Article 9 of EU Regulation 261/2004 requires the airline to cover accommodation (plus meals and transportation between the airport and hotel). The fact that the cancellation happened more than 14 days in advance doesn’t remove this assistance obligation—it only affects the flat-rate compensation.

So your reasoning is correct: send a written follow-up with the hotel invoice attached, and if KLM still refuses, escalate to the tourism and travel mediator (free, online). With an invoice and an itinerary imposed by the airline, these kinds of cases usually go through smoothly in mediation.

If you need a hand putting together the claim or filing with the mediator, just let me know—it’s what I do every day. Otherwise, everything can be done on your own and for free with the details above.

James

Hi there,

That’s right—moving your flight to the evening before means losing the night you’d booked at your layover. On this specific point, you’re not without options.

Here’s what EU regulation (261/2004) says: if the airline reschedules your flight and you lose a planned night (especially if the new time forces you to stay overnight somewhere you hadn’t planned), the airline must cover accommodation and meals during the wait. This is an assistance obligation, regardless of why the flight was moved, and it’s separate from any compensation you might get if your arrival delay exceeds 3 hours.

Here’s what I’d do, step by step:

1. Keep all receipts from the hotel night (and meals, if you have them). 2. Send a written claim to the airline (use their official form or email, not just chat) with: your original flight number, the new flight details, the hotel receipt, and a request for reimbursement under their assistance obligation. 3. If the airline drags their feet or refuses, escalate to the DGAC mediation service (free, online). That’s often where things get sorted—the airline would rather refund a hotel night than argue with the mediator.

Quick useful tip: you’ve got up to 5 years to file a claim in France, so no need to panic if you don’t have everything on hand yet.

James

Hello,

Indeed, moving a flight to the previous evening means losing the planned overnight stay during the layover. On this specific point, you’re not without recourse.

What EU regulation (261/2004) says: If the airline reschedules your flight and you lose a planned night (especially because the new schedule forces you to spend the night somewhere when it wasn’t planned), the airline must cover accommodation and meals during the wait. This is a duty of care, regardless of the reason for the rescheduling, and it doesn’t replace any potential compensation if the arrival delay exceeds 3 hours.

Hi James,

I’d encourage you to reread Articles 5 and 9 of Regulation 261/2004 more carefully: To remind you, the law is word-for-word and comma-for-comma.

Article 5 of Regulation 261/2004 of the European Parliament and Council (still in effect until the new regulation comes into force in a year), I quote: "Cancellations 1. In the event of cancellation of a flight, the passengers concerned: a) shall be offered assistance by the operating air carrier in accordance with Article 8; b) shall be offered assistance by the operating air carrier in accordance with Article 9(1), point (a), and (2), as well as, in the case of re-routing when the reasonably expected departure time of the new flight is at least the day after the planned departure of the cancelled flight, the assistance provided for in Article 9(1), points (b) and (c)), and [...]" end of quote.

So there are two distinct cases. The first case only entitles you to Article 9(1), point (a), and (2). Only the second case (re-routing at least the day after) entitles you to points (b) and (c). Article 9: "Right to care 1. Where reference is made to this Article, passengers shall be offered free of charge: a) refreshments and meals in reasonable relation to the waiting time; b) hotel accommodation where: - a stay of one or more nights becomes necessary, or - when a stay in addition to that intended by the passenger becomes necessary; c) transport from the airport to the place of accommodation (hotel or other). 2. In addition, the passenger shall be offered the opportunity to make free of charge two telephone calls or to send free of charge two telexes, two faxes or two e-mails." End of quote.

However, the re-routing offered isn’t the day after, but the day before. Logic would suggest it’s the same, but law and logic aren’t the same thing, even if airlines aren’t prohibited from making a commercial gesture.

It’s worth noting that airlines may be tempted to propose re-routing with an earlier schedule rather than a delayed one to try to avoid their obligations or part of them.

Regarding the right to compensation, the Court of Justice of the European Union has settled the issue: a flight moved forward by more than one hour must be considered canceled for the purpose of compensation, while the 50% reduction in compensation in certain cases doesn’t apply. https://infocuria.curia.europa.eu/tabs/document?source=document&text=&docid=251508&pageIndex=0&doclang=FR&mode=req&dir=&occ=first&part=1&cid=187567

But that doesn’t change the right to accommodation under Article 9(1), point (b), which only applies to re-routing at least the day after the planned departure of the cancelled flight.

Again, this doesn’t prevent airlines from making a commercial gesture. Best regards,

Thanks ElviajeroPar for that clarification—you're right, and it's a point I misread.

To be precise: Article 5 of EU Regulation 261/2004 does require the airline to cover accommodation (and meals) when re-routing is offered "at the earliest the following day" after the originally scheduled departure. In this case, the flight was rescheduled the evening before for a same-day departure, so accommodation isn’t covered under the regulation.

That said, Filou42, you still have two options: 1. A goodwill gesture from KLM (vouchers, partial refund), often granted with a polite request to customer service, especially if you mention the last-minute change. 2. Check if your credit card or ticket insurance covers these kinds of expenses.

Good point—it’s a reminder for me to reread the details before jumping to conclusions.

Hello,

To clarify the points raised in this thread:

1. The flat-rate compensation provided by EC Regulation 261/2004 (Article 7) applies in cases of cancellation, denied boarding, or a delay of more than 3 hours upon arrival (Sturgeon ruling, CJEU, November 19, 2009). The amounts are: 250 € for flights up to 1,500 km, 400 € for intra-EU flights over 1,500 km and other flights between 1,500 and 3,500 km, and 600 € for flights over 3,500 km.

2. The right to assistance (Article 9 of the regulation) covers meals, refreshments, accommodation if necessary, and communications. This right is separate from the flat-rate compensation.

3. Extraordinary circumstances (Article 15) may exempt the airline from compensation but not from the right to assistance or ticket reimbursement.

4. For an overnight stay during a layover imposed by the airline due to cancellation, Article 9 does provide for accommodation. If the airline refuses, keep all receipts.

If you'd like assistance with your claim, feel free to contact me via private message. I can help you prepare your case with no upfront fees (payment only upon success).

Hello,

Here we are: unlike mine (see the messages at the bottom of each page on my site), your posts on this forum are aimed at finding clients. This is not compatible with the forum's rules.

Best regards,

Hi ElviajeroPar, You're right, and thank you for pointing that out. My previous message included a commercial prospecting phrase ("payment only upon success") that doesn't belong on this forum. It wasn't my initial intention, but it was a lapse in judgment.

I'll correct this in the future: my contributions on VoyageForum will remain purely informative, with no commercial proposals, whether in private messages or on the public thread.

Regarding the core of the topic, your analysis of Article 5 and Article 9 of Regulation 261/2004 is correct: accommodation is only due as part of assistance when re-routing is scheduled at least the day after the originally planned departure. A rescheduling the day before doesn't trigger this obligation, even if logic would suggest otherwise. Thanks for this clarification.

Best regards