Monarch delays & Compensations. Listed flights denied in O.P.
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bumped back upIf you're new. read The FAQ and Vauban's Guide
The alleged Ringleader.........0 -
I'm really surprised to log on and find that Monarch are still trying to defend 'undefendable' cases after all this time.
The EU261 wording is quite clear in that weather conditions are only EC's if they effect the flight concerned.
I wrote a piece on it many moons ago but it's probably lost in the quagmire or forum reshuffles by now.
The other thing to do whilst you are looking up flight stats is to record (ie print off documentary evidence) how many other aircraft/airlines were able to leave your departure airport on or around the same time as your due departure, so that you can show the court that clearly weather conditions were not affecting other flights.
Have you a court date yet silversue?0 -
Hi Mark2spark, thanks for your interest. A court date has not yet been set, nor has a date been set for mediation which both parties have agreed to. The case has though been transferred to Liverpool by the court. It's been almost a month since it was transferred so I've been expecting a mediation date at least.0
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Mark2spark wrote: ».......
I wrote a piece on it many moons ago but it's probably lost in the quagmire or forum reshuffles by now......
It can still be found m8
http://forums.moneysavingexpert.com/showpost.php?p=59429463&postcount=580After reading PtL Vaubans Guide , please don't desert us, hang around and help others!
Hi, we’ve had to remove part of your signature. If you’re not sure why please read the forum rules or email the forum team if you’re still unsure - MSE ForumTeam0 -
....... The case has though been transferred to Liverpool by the court. It's been almost a month since it was transferred so I've been expecting a mediation date at least.
Just to add, that the fact your case has been transferred to Liverpool is not surprising and should be good news for you. The vast majority of Appeal cases are heard there, and the Liverpool judges are regarded as being a centre of excellence when it comes to airline cases, one which I attended was the Allen case, a quick forum search will throw lots of posts up, in fact there was a whole thread about it, not really relevant to your case, other than the fact it was heard in Liverpool.
Good luck
NoviceAngelAfter reading PtL Vaubans Guide , please don't desert us, hang around and help others!
Hi, we’ve had to remove part of your signature. If you’re not sure why please read the forum rules or email the forum team if you’re still unsure - MSE ForumTeam0 -
Hi, you know I decided to give it one last go via solicitor recommended from this site and hey presto Monarch have agreed to pay up!!! You still have time to claim as you are within the six year limit.Hi all just had my claim rejected by Monarch saying extaordinary circumstances due to an engine stall during the previous flight into Manchester resulting in an unplanned engine change. Flight number ZB 1354 Manchester to Dubrovnik 5-5-12, delay 4hrs 2 mins. Of course it was unplanned it was a faulty engine. What would be my next course of action?
Highlight its a mechanical failure and NOT extaordinary circumstances and ask them to settle my claim or its a small claims court?
Thanks in advance;)A fool and their money are easily parted.0 -
Just an update for everybody concerned, after two years with Bott&co. pursuing a compensation claim for a bird strike it now seems a bird strike IS an extraordinary circumstance as was proven in a European case.
On the 4th May 2017 the European Court of Justice released a new binding decision which ruled that bird strikes are an extraordinary circumstance. This decision came as a surprise to the industry and we believe that the decision is wrong; however it is nevertheless binding and cannot be appealed, as it is a decision of the highest court in Europe.
In order for an airline to successfully defend a claim of this sort they must prove that:-
1) The event was an extraordinary circumstance; and
2) The airline took all reasonable measures to avoid the disruption.
European Court of Justice Decision in Peskova and Peska v Travel Service A.S.0 -
I've not seen any mention of claims on the flight delay affecting ZB533 on 12/06/12 so I thought I'd post information on my claim. I used the standard MSE claim forms in December 2012 and the claim was rejected by Monarch in January 2013:
"...Our records show that the aircraft that was originally scheduled to operate your flight developed a fuel leak from the number one engine. This rendered the aircraft unserviceable and unsafe to operate. Engineers attended the aircraft and traced the leak to the main engine control which they established, needed to be replaced.
As a consequence the departure of your flight was unavoidably delayed. However, in order to reduce the delay and minimise disruption, we transferred passengers to the first available aircraft from within our fleet. As this aircraft did not have the capacity for all passengers on the flight, we also arranged for an aircraft from Titan, third party carrier to operate alongside.
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....."
Do you think I should appeal and if so on what basis?0 -
Strooth
I have messaged you. There is no appeal procedure open to you other than to write to Monarch and say that they are completely wrong (I assume your delay was 3 hours+) and they owe you money.
In essence this is a NBA (notice before action) or LBA (letter before action)...the guide to follow > Vauban's Guide ~ Google if necessary.
At the time you initially wrote to Monarch (2012/13) they were rejecting every claim but several court cases and multiple claims later they have become a little more honest and sensible ~ perhaps their lawyer has taken a refresher course ~ so your valid claim may be treated as such second time around.0 -
I know this might be a long shot but I was delayed with Monarch a couple of years ago. To cut a long story short, we booked the flight short notice due to a family emergency (critically ill relative). The flight was delayed overnight but due to the urgency of the situation we had to re-book a different flight home. My understanding is that the compensation is to compensate for the inconvenience which we suffered greatly due to the delay. The flight we had to take was several hours later as this was the only one available that night and it was sadly too late by the time we got home.
I have just seen Martin Lewis saying on Good Morning Britain that there are complicated rules if you don't take the original flight. I have searched high and low on the internet and can't seem to find an answer to my query. Does anyone have any ideas?
Thanks0
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