Monarch delays & Compensations. Listed flights denied in O.P.

SALERNO wrote: »

I have today received by email Monarch claiming EC and they also said they sent a letter 22 Feb 13 that I never received.
The captain had informed us that the aircraft had, whilst undergoing routine overnight maintenance to change a filter, had a bolt sheer, that required the engine stripping down. The flight was already delayed before we checked in and we all had the pleasure of watching it being worked on for the next 7 hours or so. The flight was definitely on the ground for some period so it wasn't like a fault was identified just prior to take off. I know that tech delays should not warrant EC and hasn't it just been confirm in the EU ruling that technical delays after maintenance cannot be counted as EC? I guess either way its small claims court the next stop?

I also note post 1559 was a rejected which was the return flight that day.

Re: MON1828 Manchester to Corfu on 4th June2012



Further to your claim for delay compensation, we are writing to advise of our conclusion.



Providing our passengers with a safe and efficient service is our first priority. We would like to reassure you that every reasonable effort is made to ensure that Monarch Airlines flights depart on time and in the unlikely event we are unable to do so through disruption, we aim to provide a solution at the earliest opportunity.



As previously advised, in some circumstances passengers may be entitled to compensation for such disruption under European Union laws. However, anymonetary payments are subject to certain criteria being satisfied. Under these laws where the disruption is caused by an ‘extraordinary circumstance’ which the airline was reasonably unable to prevent, the carrier is not obliged to pay compensation. Extraordinary circumstances have been defined by the courts and the European Regulations themselves provide a non-exhaustive list of which circumstances can indeed be categorised as extraordinary.



Our records show that the aircraft scheduled to operate your flight developed an engine fuel filter defect prior to departure and was therefore declared unserviceable. Engineers attended the aircraft and ascertained that a replacement component was required and that this would need to be shipped from Luton to Manchester. As a result the aircraft was not available at the scheduled departure time of your flight and a delay was caused. Despite Monarch’s best efforts there was no availability to transfer passengers to an alternative aircraft from within the fleet. As a consequence your flight departed at the earliest opportunity on the original aircraft once the fault had been rectified and declared safe to fly.



Having considered the factual background of this incident, we are satisfied that the disruption in your case was caused by an extraordinary circumstance that could not have reasonably been prevented by Monarch Airlines. We are, therefore,unable to accept your claim for compensation for the reasons given.



Pleasedo not hesitate to contact us if we can provide any further assistance or information.





Yours sincerely,



EU ClaimsTeam

Monarch Airlines