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

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  • cart583
    cart583 Posts: 49 Forumite
    hi, can i send a nba by email or does it have to be by post? i already know the response of our claim even tho i havent heard from monarch yet as another poster from the same flight has been quoted ec! thanks
  • Mark2spark
    Mark2spark Posts: 2,306
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    cart583 wrote: »
    hi, can i send a nba by email or does it have to be by post? i already know the response of our claim even tho i havent heard from monarch yet as another poster from the same flight has been quoted ec! thanks

    Either. Or both. Whatever suits you really. It's just a paper writing exercise now if you already know the reason they are going to give. If you haven't had a reply yet, and more than 14 days have passed since you sent your claim in, it's quite reasonable for you to commence court action NOW without further ado.
  • Mark2spark
    Mark2spark Posts: 2,306
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    carrsy78 wrote: »
    any one else dealing with this filght or can advised if i need to do anything else?

    Re: Flight MON1287 Sharm el-Sheikh to Manchester 06th October 2011
    Further to your claim for delay compensation, we are writing to advise of our conclusion.



    Our records show that your flight was delayed due to a flight instrument fault, which arose just prior to the departure of the outbound sector. The aircraft, which had been scheduled to operate your flight, was rendered unserviceable and therefore unsafe to fly. In order to rectify the fault a replacement part was required and this was flown by helicopter from Redhill to Manchesterand the fault was rectified.

    However upon arrival into Sharm el-Sheikh the crew exceeded their legal duty hours and were required to take a period of minimum rest. As a result passengers on your flight were required to night stop in Sharm el-Sheikh. Your flight operated at the earliest opportunity the following day once the crew had completed the requisite rest period.

    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.

    Time for court. Knock on EC that isn't an EC anyway.
    The plane they sent for your flight arrived late, and the crew were out of hours.
  • cart583
    cart583 Posts: 49 Forumite
    thanks mark, i was actually thinking of using flightmole as i dont really feel confident enough to do it myself.
  • Mark2spark wrote: »

    Good morning - Thank you for your help and I now have the form printed out. Please can I ask for some more help?

    On the form it asks for the circumstances and duration of the delay. All I know is that it was a technical fault and a part had to be put in a taxi from Luton to Manchester to repair the outbound flight to Corfu. Is there a proper way to word this as I feel they will say this was "Extraordinary Circumstances".

    Would appreciate any help you can give me

    PIP
  • 111KAB
    111KAB Posts: 3,645
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    cart583 wrote: »
    thanks mark, i was actually thinking of using flightmole as i dont really feel confident enough to do it myself.

    Flightmole seem one of the best however don't forget you have up to 6 years to make your claim - it may be worth you waiting to see how other claims go particularly if you can find someone who was on your flight. The 6 year backdate allows interest at 8% - not many (MSE) places you can get that return!
  • Mark2spark
    Mark2spark Posts: 2,306
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    PIP1966 wrote: »
    Good morning - Thank you for your help and I now have the form printed out. Please can I ask for some more help?

    On the form it asks for the circumstances and duration of the delay. All I know is that it was a technical fault and a part had to be put in a taxi from Luton to Manchester to repair the outbound flight to Corfu. Is there a proper way to word this as I feel they will say this was "Extraordinary Circumstances".

    Would appreciate any help you can give me

    PIP

    Hi Pip,
    In the circumstances box I would put:
    The captain advised that there was a technical fault in the previous flight. The ECJ ruled in the judgement of Wallentin-Hermann that: "...must be interpreted as meaning that a technical problem in an aircraft which leads to the cancellation (or delay) of a flight is not covered by the concept of ‘extraordinary circumstances’ within the meaning of that provision, unless that problem stems from events which, by their nature or origin, are not inherent in the normal exercise of the activity of the air carrier concerned and are beyond its actual control", and also that in the Finnair v Oyj v Timy Lassooy Case C-22/11, "... it is apparent from recital 15 in the preamble to Regulation No 261/2004 that ‘extraordinary circumstances’ may relate only to ‘a particular aircraft on a particular day’, which cannot apply to a passenger denied boarding because of the rescheduling of flights as a result of extraordinary circumstances affecting an earlier flight", therefore compensation of €400 pp is due for the delay in excess of three hours.

    You might have to attach that on another sheet.
  • Mark2spark wrote: »
    Hi Pip,
    In the circumstances box I would put:
    The captain advised that there was a technical fault in the previous flight. The ECJ ruled in the judgement of Wallentin-Hermann that: "...must be interpreted as meaning that a technical problem in an aircraft which leads to the cancellation (or delay) of a flight is not covered by the concept of ‘extraordinary circumstances’ within the meaning of that provision, unless that problem stems from events which, by their nature or origin, are not inherent in the normal exercise of the activity of the air carrier concerned and are beyond its actual control", and also that in the Finnair v Oyj v Timy Lassooy Case C-22/11, "... it is apparent from recital 15 in the preamble to Regulation No 261/2004 that ‘extraordinary circumstances’ may relate only to ‘a particular aircraft on a particular day’, which cannot apply to a passenger denied boarding because of the rescheduling of flights as a result of extraordinary circumstances affecting an earlier flight", therefore compensation of €400 pp is due for the delay in excess of three hours.

    You might have to attach that on another sheet.


    Hi Mark - you are amazing, thank you so much :)
  • ZB 1377 Venice - Manchester 14/6/2012, claim denied - ec "Venice to Gatwick flight developed an aircraft monitoring fault and was consequently declared unsafe to fly. In order to minimise the disruption caused, the passengers on this flight were transferred to your flight which then operated from Venice via Gatwick before continuing on to Manchester."

    There are some unusual aspects to our claim which involves the combining of 2 flights and which may be of general interest.

    On arrival at check-in at Marco Polo some 2+ hrs. before the Manchester flight (which was 3+hrs before the Gatwick flight) we were handed a letter on Monarch headed notepaper which had clearly been prepared in advance and said....

    "re-ZB1377Venice-Manchester
    Regrettably the aircraft due to operate YOUR flight today has experienced technical problems. In a bid to minimise the disruption our operations department has combined your flight with our Venice - Gatwick. Therefore your flight will route through Gatwick before continuing on to Manchester. You will be required to disembark at Gatwick and proceed through security before re boarding."

    It is self evident that that Monarch will have known at least a week in advance that they had 2 less than half full flights from Venice to the UK and, it seems to me, probable that there might be a commercial advantage on combining the two flights ???
    I believe that this poses a question about Monarch's integrity and, particularly in this case, I shall be requiring that they provide fully documented audit trails showing evidence for both aircraft involved in relation to the the claimed fault (which differs from one - given in writing - when I first complained)

    Would appreciate any observations.
  • richardw
    richardw Posts: 19,458
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    What was the delay in arriving at MAN?
    Posts are not advice and must not be relied upon.
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