Monarch delays & Compensations. Listed flights denied in O.P.
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Hi Guys,
I first contacted Monarch on the 27/11/12 regarding a 7 hour delay on a flight to Palma from Manchester on 04/09/12.We were told that our plane had been sent somewhere else I think Sharma, as ther plane was unable to fly.I complained to them and got the following response.
Date:02-Jan-13 11:40
Dear MrJ******
Thank youfor your correspondence regarding your flight to Palma.
I am sorryfor the delay you encountered and the obvious disruption this caused you. Asyou are aware we were experiencing technical problems within our fleet. In thissituation our operation team will look at our entire flying programme to seehow they can still operate all the flights whilst still trying to minimise anydelay for all of our customers. Unfortunately the changes that they had to makedid result in your flight being delayed.
We do tryto avoid delaying our passengers but as with all airlines technical problems dooccur from time to time and safety is always our number one priority; however Iagree that it is the way we manage these delays that affects the passenger'sexperience.
As you maybe aware we have received notification that the ECJ has ruled that passengersmay be legally entitled to claim compensation in the respect of delayedflights. In light of this we have set up a dedicated team to process suchclaims. All passengers wishing to pursue delay compensation are required tofill in an individual claims form for each passenger aged 16 and over for therequest to be considered.
I havetherefore attached a copy of the claims form which you can print, complete andreturn at your convenience.
In my opinon problems with other planes should not be used as an excuse when they new about the delay at least 12 hours previous.However as requested I filled in the forms and returned them same day.It is now a month later and no response. I e-mailed them again last week and have had no response.Should I give them more time to reply or send them a Notice before action.
Any advice would be much appreciated.
Thanks
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Your talking at least 3 months for a reply, minimum, up to yourself if your willing to wait0
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Hi Mark2Spark
Our original flight (ZB742 on 7/10/12) was due to depart from Gatwick at 15:25, destination Malaga. Monarch have claimed extraordinary circumstances for the 8 hour delay. To quote them, " the aircraft scheduled to operate your flight developed a number 2 C-duct engine fault and the fan cowl was delaminated. A replacement fan cowl was sourced from Memphis, Tennessee. Due to the size of the component it was only able to be transported on a cargo aircraft from Atlanta, Georgia before being flown to London Heathrow Airport. However unfortunately this led to a delay in the scheduled departure time of your flight. As a consequence your flight was transferred to the first available aircraft within the Monarch fleet. It was also unfortunate that despite Monarch’s best efforts there was no availability to transfer your flight to an aircraft sub-chartered from a third party operator to reduce the length of the delay."
Our delayed flight eventually left around 11:30 pm on 7/10 on a plane that had just done a return trip to Sharm El Sheikh in Egypt.
Do you think that the delay to your flight was originally caused by the same technical issue within the Monarch fleet & did Monarch try to claim this as the reason for your delay ?
Looking at the flight times your flight should have arrived at Gatwick at 14:10 & mine should have departed at 15:25. These times would suggest there is a likelihood the the same aircraft should have been used. Do you know if this was the case or if there is anyway of checking ?
If Monarch had remembered to fly your plane in from Cork the night before then logic would suggest it could have been used to fly to Malaga on time later that day.
Possibly it was a different plane scheduled for you then, as our flight was due to arrive at 12.40, some 2 hrs 45 mins before yours - IMO that's too long a turn around time. Our delay was 6 hours but they made up half hour approx in the air due to allowing 2 and a half hour flight time for a 2 hour flight, so 5 and a half hours in all.
However, all is not lost. Monarch have conceded to you in writing that it was a tech issue that caused your delay. I wouldn't mess around much longer, no need to involve the CAA either IMO, you have it in writing that it was a tech issue, and that supplying another plane - something within their control - was also not met within time.0 -
My story:
Delayed in 2009. Wrote to Monarch 7th November. Sent them their second forms late November. Chased 9th Jan.
Now received this reply:
Dear Mr charltonfan1,
Thank you for your recent claim under EU Regulation 261. We are writing to you to maintain contact with you and explain the timetable for providing you with a definitive response on your claim.
You may be aware that compensation under this particular EU Regulation only covers delays and cancellations which have not been caused by extraordinary circumstances. This requires careful consideration by the airline around the precise reasons behind the original delay.
Monarch want to ensure that every passenger is provided with a substantive response to their claim and this requires quite a lot of investigation. This includes but is not limited to obtaining detailed information from a number of different areas of the business and, in some circumstance, third party suppliers and the Civil Aviation Authority. Nevertheless, our aim is to respond to you as quickly as possible.
Monarch wishes to assure you that we will deal with your claim as soon as we have all the relevant information. We apologise for the delay and we will revert to you once we have completed our investigations. In the meantime, thank you for your continued patience and understanding.
Should we not have been able to assess your claim within the next month, we will provide you with a further update on progress.
So still no concrete response on my claim :mad:
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At least you are in correspondance with them charlton. More than some so far.0
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Hi guys,
I suffered a 5 hour delay last June with Monarch from Gatwick to Alicante. No explanations, no food vouchers, nothing.
In December I sent Monarch the claim form with all the paperwork they were requesting, and they replied 2 weeks after saying they would look into it.
Now I finally got my reply:Re: Flight ZB252 London Gatwick to Alicante on 2nd June 2012
Thank you for taking the time to contact us in respect of your flight.
I am sorry to learn of the disappointment that prompted your correspondence. Providing our passengers with safe and efficient service is our first priority. I would like to reassure you that every effort is made to ensure the flights depart on time and in the unlikely event we are unable to do so, we aim to get you to your destination at the earliest opportunity. That said, our ability to keep disruption to a minimum is always dependant on the resources available to us on the day.
In some circumstances, passengers may be entitled to compensation under European Union laws.
However, any monetary payments are subject to certain criteria being satisfied. 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. In addition, the CAA has provided some guidance on its views of “extraordinary circumstances” (please see the guidance notes accompanying the 261 compensation claim form).
Our records show that the aircraft planned to operate your flight was required to return to stand on its previous flight due to a nose wheel steering fault and brakes system one error. A team of engineers from ‘Egyptair Engineering’ attended the aircraft and were able to rectify the fault. The requisite tests were then performed and the aircraft was able to be declared serviceable. However, it was unfortunate that the time taken to repair the fault meant that the crew exceeded their legal duty hours and were required to take a period of minimum rest. As a consequence, passengers and crew ‘night stopped’ in Hurghada and the flight departed at the earliest opportunity. Unfortunately this resulted in the late departure of your flight.
It was also unfortunate that despite Monarch’s best efforts there was no availability to transfer passengers to an aircraft chartered from a third party operator.
Having considered the factual background of this incident, I am satisfied that this was indeed an extraordinary circumstance that could not have reasonably been prevented by Monarch. I am unable to agree to your claim for compensation.
Yours sincerely,
Monarch EU Claims Team
Monarch Airlines
What now? Off to court?0 -
So it wasn't even your flight had the fault?0
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golfovividor wrote: »What now? Off to court?
That, or just give up. Which do you think Monarch reckons you'll do?
Can't believe you had to wait so long for such a hopeless reply. It shows the most extraordinary contempt for the law.
I read today of someone who took Thomson to court (droylie), and Thomson apparently bottled at the last moment and paid up the full amount. Looks like that's what it's going to take with Monarch.0
Complained at the end of October - filled in all their forms - reply was early January. This discussion has been closed.
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