Monarch delays & Compensations. Listed flights denied in O.P.
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I recieved this reply today:
Our Ref EU/XXXXXX
25/02/2013
Dear Mr XXX,
Re: Flight MON313 Cardiff to Sanford on 18th September 2008
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, any monetary 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 suffered an engine fault and required rectification work in order to be safe to fly. Despite Monarch’s best efforts, a delay was caused to your flight.
In order to reduce the length of the delay, passengers on your flight were transferred to the first available aircraft from within the Monarch fleet, and departed at the earliest opportunity once it had completed the previous flights it had been scheduled to operate.
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.
Please do not hesitate to contact us if we can provide any further assistance or information.
Yours sincerely,
EU Claims Team
Monarch Airlines
Can anybody please advise me if i should leave it or if not what i need to do next?
Is there any companies that take it on for u like on the PPI claims as i feel really out of my depth with all this.
Thanks in advance for any replies.0 -
Simon there are firms - flightmole are getting good reports. If you check back I think there were others on this flight ~ why not see what they are doing? You could just see how similar cases go although the 6 year time scale needs to be taken into account but you do have a bit of time to consider/look around.0
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Good luck with the Court action. Lots of people behind you (in every sense).
To me, it's interesting that even in your case Monarch didn't actually reply to your correspondence and forms. You simply (understandably) got fed up with their tardiness and initiated Court proceedings. So to my knowledge Monarch are still to repy properly to anyone, outside of the legal process. Curiouser and curiouser ...
It took Monarch 6 months to refuse my claim for compensation despite numerous letters to them. I have now sent an e.mail for personal attention of Ian Rawlinson Executive Chairman of monarch and would suggest that other dissatisfied customers do the same.0 -
Simon there are firms - flightmole are getting good reports. If you check back I think there were others on this flight ~ why not see what they are doing? You could just see how similar cases go although the 6 year time scale needs to be taken into account but you do have a bit of time to consider/look around.
Thanks for reply, i havent read through fully yet as in work! Didnt realise others on same flight, will be good to see their progress.0 -
It took Monarch 6 months to refuse my claim for compensation despite numerous letters to them. I have now sent an e.mail for personal attention of Ian Rawlinson Executive Chairman of monarch and would suggest that other dissatisfied customers do the same.
Ian knows. It's Ian's policy. The only language Ian understands is a county court claim.0 -
Ian knows. It's Ian's policy. The only language Ian understands is a county court claim.
You would be better off writing to Fabio Mantegazza he is pulling the strings and without his 'donation' Rawlison can do nothing. Perhaps they should have made a provision in their accounts however Rawlinson has promised Mantegazza that he will return Monarch to profit this year and this will be impossible if they pay out the claims.0 -
Our records show that the aircraft scheduled to operate your flight was declared unserviceable by our engineers due to a lightning strike on its previous flight. Engineers required a spare part which was located and taxied to Manchester. However, in order to reduce the length of your delay and minimise the disruption, passengers on your flight were transferred to the first available aircraft from within our fleet
Having considered the factual background of this case, we are satisfied that the disruption 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
Flight ZB692 Manchester to Mahon 03rd June 2011
So...lightening strike classed as EFs? On previous flight so still a claim?0 -
Centipede100 wrote: »
2) Check out flightstats/flightaware or any of the other available websites. Some may charge for access to archive data.
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Thanks for taking time to reply Centipede - I really appreciate the useful answers.
Is anyone else experiencing difficulties getting arrival times from these websites? I can find my departure time from the UK after delay and expected original arrival time but it seems an actual arrival time hasn't been confirmed by the foreign airport or Monarch.0 -
ZB264 London Gatwick to Alicante 16th July 2011 rejected Cracked windscreen
ZB252 London Gatwick to Alicante on 10th October 2012 rejected unofficial Strike in Hassi Messaoud, Algeria!!
I have responded to them both disputing that they have sufficient grounds for refusal.0 -
Our records show that the aircraft scheduled to operate your flight was declared unserviceable by our engineers due to a lightning strike on its previous flight. Engineers required a spare part which was located and taxied to Manchester. However, in order to reduce the length of your delay and minimise the disruption, passengers on your flight were transferred to the first available aircraft from within our fleet
Having considered the factual background of this case, we are satisfied that the disruption 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
Flight ZB692 Manchester to Mahon 03rd June 2011
So...lightening strike classed as EFs? On previous flight so still a claim?
A lightening strike would normally constitute extraordinary circumstances but only if it applied to your flight. In this case it applied to the previous flight so this would not stand in the way of your claim ... see Oyj v Timy Lassooy (Case C-22/11). The airline should also have had spare aircraft available (Xa ZR 15/10). If they had nothing available for 3 hours + then you would be entitled to claim.0
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