Your browser isn't supported
It looks like you're using an old web browser. To get the most out of the site and to ensure guides display correctly, we suggest upgrading your browser now. Download the latest:

Welcome to the MSE Forums

We're home to a fantastic community of MoneySavers but anyone can post. Please exercise caution & report spam, illegal, offensive or libellous posts/messages: click "report" or email forumteam@.

Search
  • FIRST POST
    • Mark2spark
    • By Mark2spark 11th Jan 13, 10:10 AM
    • 2,171Posts
    • 766Thanks
    Mark2spark
    Monarch delays & Compensations. Listed flights denied in O.P.
    • #1
    • 11th Jan 13, 10:10 AM
    Monarch delays & Compensations. Listed flights denied in O.P. 11th Jan 13 at 10:10 AM
    Official MoneySavingExpert.com Insert 2 October 2017:

    Hi everyone

    We've added a section on Flight delay compensation to our Monarch guide.See our Monarch Airlines collapse - latest info and your rights guide plus our Section 75 refunds and Visa, Mastercard & Amex Chargeback guides.

    Back to sillygoose's original post...

    ---


    Known flights that Monarch have agreed compensation on:
    ZB227 PMI - LGW 07/10/12 This was my flight
    ZB3566 LUTON - FIUMICINO 07/10/12 (455 & 457)
    MON6072 Gatwick - Grenoble 22/12/12 (post 734)
    MON6073 Grenoble - LGW 29/12/12 (877 & 898)
    ZB 336 Calgary - Gatwick, 05/04/08 (post 861)
    ZB685 Sharm El Sheikh to Manchester 12/05/2012 (873)
    ZB812 Luton - Bodrum 31/05/12 (942)
    ZB718 Gatwick - Larnaca 02/05/12 (958)
    4279 Sharm - LGW No dates (974)
    13 Sep 12 Link to post claiming success
    May 2011 Man - Florida Link to post claiming success
    ZB648 Manchester - Larnaca 13/09/12 (1033)
    MON1829 Corfu - Manchester 13/09/10(1103)
    ZB970 Birmingham - Malaga 22/08/12 (1123)
    MON1860 Manchester - Marsa Alam 19/08/09 (1225)
    ZB521 Antalya-Manchester 01/06/12 (1283)
    ZB 284 LGW - TFS 08/04/12 (1332)
    MON4952 Manchester - Sharm el Sheikh 11/11/10 (6140 main thread)
    ZB 647 Larnaca - Man 03/09/12 (1342)
    ZB660 MAN-AGP 5 September 2010 (1683)
    ZB743 Malaga - Gatwick 14/10/12 (510)
    ZB 239 Lanzarote - Gatwick 03/11/09 (1734)
    MON312 Sanford to Cardiff 14/08/2008 (1816)
    ZB684 Man - Sharm 12/05/12 (1817)
    MON5238 Gatwick - Luxor 07/07/08 (1923)
    ZB661 Malaga - Manchester 7-10 (1939)
    ZB534, Manchester - Palma, 03/07/12 (1942)
    ZB2682 Gatwick - Goa Dabolim 6 April 2008 (2369)
    ZB698 ?? - Menorca on 29/8/2011 (2367)
    ZB 252 Gatwick - Alicante 24/02/13 (2377)
    MON1828, Manchester - Corfu, 18/07/11 (2431)
    ZB743 Malaga - Gatwick 07/10/12, (2519)
    MON 1507 Fuerteventura - LGW 21/09/11 (3184)
    MON3788 Man - Chania 27/08/13 (by PM, Bott & Co NWNF success)
    MON 2797 Las Palmas to Manchester 30/03/09 (3774)
    MON1829 Corfu-Manchester 31/05/10 (3775)
    ZB684 Man - Sharm 29/06/13 (Bott & Co) (3767)
    ZB684 Man - Sharm 29/06/13 (3867) Same flight as above
    ZB684 Man - Sharm 29/06/13 (3888) 3 different posters now successful on this flight
    Mon303 Man - Orlando 15/06/12 (3869)
    ZB286 LGW - Tenerife 23/8/13 (due to broken cabin window). (info by pm)


    Court Success
    50% withheld, judgement by default, full amount + interest + costs (post #1880)
    ZB959 PMI - BHX !03&04/07/12 hydraulic pipe failure (111KAB's case moved) (#2193)
    ZB870 Luton - Palma 30/07/11 Monarch caved in before hearing (2618)
    ZB759 Dalaman to Gatwick 22 Oct 2012 (966 & 3308) Default judgement
    ZB 634 11/07/12 Man - Paphos (3425)
    ZB534 Man - PMI 30/09/2012 (3759) Undefended at court

    Flights denied for EC's
    Mon3693 20/9/2011 Mombasa-Gatwick ruptured start duct in the number one engine (599)
    MON2693 Mombasa - Gatwick 09/11/10 Fuselage damage on incoming flight Knock on EC (664)
    ZB743 Malaga - Gatwick 7/10/12 - No2 C-duct engine fault and fan cowl delaminated. Replacement from Memphis. (510)
    ZB655 Malaga -Manchester 4/11/12 Nose landing gear fault (416)
    ZB743 Malaga - Gatwick 28/10/12 - Nose landing gear fault (510)
    ZB743 Malaga - Gatwick - 14/07/12 Cracked windscreen Different reason to above flight! - Now amended following pm from poster at 510 - dates changed (948)
    ZB743 Malaga -Gatwick 15/07/12 Engine prob on previous flight (492)
    ZB743 Malaga - Gatwick 14/10/12 - Air bleed leak on previous flight with crew out of hours Knock on EC (510) Now paid out on!
    ZB743 Malaga - Gat 23/9/12 - right elevator control leak (510 poster)
    ZB 743 Malaga - Gat 25/5/09 - cargo door fault (510 poster)
    ZB 743 Malaga - Gat 12/10/08 - damage due to being hit by baggage loading vehicle (510 poster)
    Several flights above have been amended following a pm from the poster at 510.
    ZB685 Sharm El Sheikh - Manchester 29/09/12 Wing flap hinge pin sheared off (489)
    ZB685 SSH - MAN 12/05/12 (633)
    ZB684 MAN - SSH 05/05/12 (633)
    MON1484 Gatwick-Dalaman 17/09/12 Wet lease recall & First officer called in sick (454)
    ZB248 LGW - Sharm 14/01/12 Cracked Windscreen link
    ZB248 Gatwick -Sharm El Sheik 8/4/12 Cracked windscreen needed replacing (429)
    ZB249 Sharm - Gatwick 08/04/12 Cracked windscreen (502)
    MON5028 Manchester to Zakynthos 31/05/12 Cracked windscreen (522)
    MON329, LGW - Sanford 8/05/10 Cracked windscreen (555)
    ZB7293 Dubrovnik - Gatwick 14/07/12 Cracked windscreen (737)
    ZB737 Malaga - Gatwick on 14/07/12 Cracked windscreen (721) Note same day same airport different flight number above (Malaga)
    ZB736 Gatwick - Malaga 14/07/12 Cracked windscreen (912)
    ZB264 Gatwick - Alicante 16/07/11 Cracked windscreen (807)
    ZB473 Sharm el Sheik to Birmingham 31/01/13 Cracked windscreen (1139)
    ZB742 Gatwick - Malaga 07/10/12 Engine duct fault, replacement shipped from Tennessee (369)
    ZB742 LGW - Malaga 19/09/12 Door trim fault (900)
    ZB252 Gatwick - Alicante 2/06/12 Steering and brakes tech issue on previous flight and crew out of hours so plane in Egypt overnight Knock on EC (378)
    ZB581 Faro - Manchester 3/11/12 Previous flight tech issue, divert to Dalaman (458 & 512)
    ZB216 LGW - Faro 10/06/12 Fuselage damage Link to post
    ZB217 Faro - Gatwick 20/08/12 Previous flight emergency floor lights Knock on EC (526)
    ZB534 Manchester - Palma 30/09/12, problem with previous flight ZB685 from Sharm El Sheikh (wing flap hinge sheared off) Knock on EC (531 , 656,666 & 564)
    ZB532 Manchester - Palma 09/04/11 Previous Sharm flight wing damage Knock on EC
    ZB532 Manchester - Palma 09/04/11 Rudder defect
    Now agreed to be paid Post 3530
    ZB533 Palma - Man 09/04/11 Rudder fault (724)
    MON2018 Gatwick - Male 19/04/09 digital engine control fault, previous flight Knock on EC (535)
    ZB3566 Luton-Rome 03/04/12.....Previous flight fuel valve fault Knock on EC (517)
    MON7909 Corfu - LGW 20/09/10 EC: faulty wiring in nose wheel (443 & 554)
    MON5953 Corfu - Gatwick 26/07/08 Previous flight split bleed duct knock on EC (566 & 594)
    MON5643 PVK - Man 26/8/12 previous flight fluid leak from aileron knock on EC (602)
    MON5642 MAN -PVK 19/09/10 2 planes, 1 delayed, 1 not (718)
    MON5765 Sharm - LGW 08/07/10 Throttle jammed, replace cable (612)
    MON303 Man - Sanford 15/6/2012 Computer replaced and headwinds on previous flight Knock on EC (613) Now paid out on!!
    MON327 LGW - Sanford ??/07/12 Broken R1 door, Leased plane came 12 hours later (592)
    Mon1875 Lesbos - Man 01/06/12 On board computer problem (629)
    ZB827 Dalaman - Luton 20/08/10 Nose wheel steering (677)
    ZB533 Palma - Man 07/08/12 wheel nut problem (620)
    ZB286 LGW - TFS 02/11/12(?) (662)
    ZB6375 Grenoble - Gatwick 01/03/09 Cargo door damage (667)
    ZB564 Man - TFS 17/08/12 Replaced no 2 battery (495 & 665)
    ZB013 Malaga - Luton 07-09-12 Fuel leak (possibly on previous ZB012 incoming flight, so Knock on EC) (653)
    ZB661 Malaga to Man 07/10/12 flight deck seat track replacement (648)
    ZB661 Malaga - Man 08/07/12 Electronic engine control (687)
    ZB286 LGW - TFS 22/06/12 Engine fault previous flight no spare planes (688)
    MON305 Man - Sanford 09/06/12 Engine vibration (466,467,468 & 644)
    ZB558 Man - Bodrum on 01/10/12 Windscreen heater problem (710)
    ZB248 LGW - Sharm 14/10/12 Previous flight late, crew out of hours knock on EC (711)
    ZB677 Alicante to Manchester 29/10/12 Right side engine fault (714)
    ZB751 Dal - Gat 22/09/12 Damaged engine generator fairing (749)
    ZB535 Palma - Man 09/10/12, Fault on number 2 engine on previous flight (747 & 695)
    ZB654 Man - Malaga 14th (correct date 15th)/08/10 Engine faults on 2 planes so flights combined with Ibiza (698)
    ZB627 Lanzarote-Manchester. 2.2.10 Claim denied on wrong flight (post #730)
    ZB897 Tenerife - Luton 26/06/12 Prev flight medical emergency (728 & 729)
    MON3507 Dalaman - Man 18/09/10 Electronic fault (722)
    ZB970 Birmingham - Malaga on 22/08/12 Auxilary power fault (723 & 650)
    ZB660 Man - Malaga 06/06/10, technical fault, power transfer unit (756 & 764)
    MON1287 Sharm el-Sheikh to Man 06/10/11 Flight instrument fault on previous flight, crew out of hours, knock on EC (765)
    ZB909 Dalaman to Birmingham 27/05/10 French ATC issue on previous flight, knock on EC (761)
    ZB737 Malaga - Gatwick 22/09/12 elevator aileron computer fault on previous flight (previous day) after takeoff, return to airport for fixing, knock on EC (760)
    ZB 1377 Venice - Manchester 14/6/12 Aircraft monitoring fault, flight merged and diverted to LGW later flight for passenger pick up (786)
    ZB1398, MAN - MXP (Milan) 14/06/12 Tech probs within fleet and no spare aircraft, divert to LGW to pick up passengers (828)
    ZB1377 Venice - Manchester 21/06/12 integrated drive generator leak and diverted to Milan en route to pick up passengers (870)
    ZB 7206, LGW - MXP (Milan) 21/06/12 No 1 Engine fault (880)

    ZB247 Sharm-LGW 27.10.12 Previous flight bird strike, nose leg tech issue with substituted aircraft (789)
    MON313 Cardiff - Sanford on 18/09/08 Engine fault (798)
    ZB252 Gatwick - Alicante on 10/10/12 rejected unofficial Strike in Algeria (807)
    MON1484 Gatwick - Dalaman 09/07/12 left wing bleed leak (830)
    MON349 Gatwick - Sanford 30/07/09 Ground Power Control Unit fault (833)
    MON326 Sanford - Gatwick 21/08/12 hydraulic leak, r/h landing gear bay (839 & 843)
    ZB519 Barcelona - Manchester 08/07/12 Onboard computer engine monitor fault (841)
    ZB870 Luton - Palma 30/07/11 Tech issue, no spare planes (859/860)
    MON4362 Manchester - Sharm 23/04/11 Brake unit failure (863)
    MON3584 Man - Corfu 07/08/09 hydraulic oil leak (881)
    ZB661 Malaga - Manchester 08/07/12 electronic engine control defect (687)
    ZB979 Malaga - Birmingham 05/09/12 starter motor fault (MooseTT poster)(856)
    ZB5239 Luxor - Gatwick 14/07/08 Engine fault (920)
    MON1472 LGW to Chania (Crete) 06/09/11 Spoiler fault (921)
    MON7208 LGW - Dalaman 04/09/10 brake accumulator fault (945)
    ZB692 Manchester - Mahon 03/06/11 L'ning strike prev flight knock on EC (804)
    ZB492 Birmingham - Alicante 18/09/12 Wrong plane to claimant (715)
    ZB759 Dalaman - Gatwick 22/10/12 Crew sickness (966) Now settled following court proceedings
    ZB 568 Man - TFS 13/07/12 Nosewheel problem (965)
    MON369 Gatwick - Tobago 22/08/12 Hydraulic leak r/h landing gear bay (983)
    ZB534 Man - Palma 08/09/12 (973)
    MON1473 Chania - Gatwick 11/09/12 Previous flight fuel level indicator failure (998)
    ZB249 Sharm - LGW 24/01/13 On board medical emergency (999)
    MON 2486 LGW - Innbruck 16/01/11 Suspected on board fire (1002)
    ZB634 Man - Paphos on 18/07/12 Engine fault (1006)
    ZB853 Larnaca - Luton 26/06/12 1st Officer sick (1014)
    ZB274 LGW - Barcelona 01/07/12 Anti skid system fault (1023)
    MON4620 Man - Luxor on 25/04/11 Landing gear fault during flight, return to Man ( by pm)
    ZB627 Lanzarote - Man 02/02/10 Weather and flap defect (1058)
    ZB534 Man - Palma 26/08/12 exhaust gas temperature fault (1061)
    ZB265 Alicante - LGW 02/08/12 Rudder fault (1072)
    ZB 1354 Man - Dubrovnik 05/05/12 Engine stall previous flight (1115)
    ZB535 Palma to Man 09/09/12 Engine hydraulic leak (1124)
    ZB287 TFS to LGW 22/06/12 Engine fault, replacement plane (1130)
    MON4838 LGW - Geneva 23/01/2011 Spoiler fault (1131)
    ZB535 Palma - Man 23/09/11 reason unknown (1135)
    ZB249 Sharm - LGW 23/09/12 (1) elevator servo fault, (2) replacement plane had a medical emergency on board previous flight (1157)
    MON 1506 Gatwick - Fueteventura 21/09/11 Rudder fault (1275)
    ZB238 LGW - ACE 20/09/2011 EC Rudder fault (1264)
    ZB5408 Birmingham - Rome 30/06/12 (1338) Rudder fault
    ZB 239 Lanzarote - Gatwick 01/11/12 Nose wheel landing gear fault (pm Maldon) & 1368)
    ZB 787 Paphos - Gatwick 03/10/12 Missed slot after late release from maintenance (1344)
    ZB955 Palma - Birmingham 04/10/12 Crew out of hours (1406)
    ZB634, Manchester-Paphos 07/08/11 insufficient aircraft in fleet (1412)
    MON302 Sanford - Man 17/06/11 Door sensor fault (1419)
    ZB516 Manchester - Barcelona 05/08/10 previous flight engine prob knock on (PM)
    MON1829 Corfu - Manchester 31/05/10 Various rubbish (1438)
    ZB765 Mahon - LGW 22/09/12 faulty accelerometer (2443)



    MSE Official Insert:

    This discussion thread is linked to from our Flight Delays Compensation guide. Please read that for full help.
    Last edited by MSE Andrea; 03-10-2017 at 10:22 AM.
Page 245
    • silversue
    • By silversue 23rd Mar 17, 5:52 PM
    • 51 Posts
    • 7 Thanks
    silversue
    Thanks Vauban. They have asked for the Court to be in Bedford so they can bring 'experts'. Also have agreed to mediation.
    • Vauban
    • By Vauban 23rd Mar 17, 6:12 PM
    • 4,705 Posts
    • 2,085 Thanks
    Vauban
    Thanks Vauban. They have asked for the Court to be in Bedford so they can bring 'experts'. Also have agreed to mediation.
    Originally posted by silversue
    We'll as you are a LiP, and they are a large company, the convention is that it should be held at your local court (or alternatively in Liverpool, where the judicial experts for flight delay cases seem to reside).
    • legal magpie
    • By legal magpie 23rd Mar 17, 7:07 PM
    • 757 Posts
    • 356 Thanks
    legal magpie
    They are not allowed to call expert evidence unless the Court gives permission which is unusual in a small claims case. Their "experts" are probably their technical people who will give factual evidence as opposed to expert evidence which involves statements of opinion.
    I agree that you should ask for the case to be in your local county court (you may have done this in your claim form) but if not, in your directions questionnaire. Or (if you are near enough) Liverpool which is well versed in these cases.
    • silversue
    • By silversue 24th Mar 17, 11:39 AM
    • 51 Posts
    • 7 Thanks
    silversue
    I will ask for my local court but Bedford is actually nearer than Liverpool for me.
    • Vauban
    • By Vauban 24th Mar 17, 1:07 PM
    • 4,705 Posts
    • 2,085 Thanks
    Vauban
    I will ask for my local court but Bedford is actually nearer than Liverpool for me.
    Originally posted by silversue
    Yes - definitely ask for your local court, not Liverpool. But a lot of these cases get sent to Liverpool regardless. One advantage of Liverpool is that, because the judges are so well versed in the law, the airlines don't get to hoodwink a less experienced district judge and indeed often the court throws out the airlines' defence (where it is clear there is no merit), so no hearing is ever needed!

    I've just dredged up the "Court Success Thread", which you should have a read of too silversue. Have a look too for the (two-part) report of my own case (in February 2014), when Monarch were made to bring their witnesses to Winchester ...
    • silversue
    • By silversue 25th Mar 17, 4:05 PM
    • 51 Posts
    • 7 Thanks
    silversue
    Thank you SO much Vauban. I will look back at your case again. You've been so helpful and I am truly grateful.
    • silversue
    • By silversue 29th Mar 17, 11:59 AM
    • 51 Posts
    • 7 Thanks
    silversue
    I was mistaken (sorry), it is not 'expert' they will be bringing, just 2 witnesses.
    • silversue
    • By silversue 29th Mar 17, 5:21 PM
    • 51 Posts
    • 7 Thanks
    silversue
    Logged in to Flightstats and found 'Historical Flight Status is only available as part of our Professional Subscription'. I'm sure I found the information earlier but now there's a difference in Flightstats accessibility... or am I doing something wrong?
    • 111KAB
    • By 111KAB 29th Mar 17, 8:06 PM
    • 3,638 Posts
    • 1,478 Thanks
    111KAB
    You are not doing anything wrong but why do you need flightstats??? There are other forums/pages ... I have PM'd you links....please trust them. Flightstats now using subscription channels for the info you want ... but proably do not need.
    • silversue
    • By silversue 30th Mar 17, 12:36 PM
    • 51 Posts
    • 7 Thanks
    silversue
    thanks 111KAB, I wanted to check how long they would have known that our aircraft wouldn't have been available for our flight since it was diverted en route to Gibraltar. Having a plane flown from Gatwick to Luton to be available for our flight would have taken less than an hour from the time they knew, but it was 5 hours. That event proves to me that they didn't do all they could. Just trying to get all the details ready. Sorry, I'll check your PM again, thanks for all your help.
    Last edited by silversue; 03-04-2017 at 1:10 PM.
    • 111KAB
    • By 111KAB 30th Mar 17, 5:19 PM
    • 3,638 Posts
    • 1,478 Thanks
    111KAB
    Ah in that case try this site but you have to be patient and work through things .....


    http://www.libhomeradar.org/databasequery/
    • JPears
    • By JPears 20th Apr 17, 2:23 PM
    • 3,255 Posts
    • 910 Thanks
    JPears
    bumped back up
    If you're new. read The FAQ and Vauban's Guide

    The alleged Ringleader.........
    • Mark2spark
    • By Mark2spark 30th Apr 17, 12:55 PM
    • 2,171 Posts
    • 766 Thanks
    Mark2spark
    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?
    IANAL - I Am Not A Lawyer. Try reading the FAQ's Please:
    Vaubans guide should be your starting point.
    You do not have to accept vouchers instead of cash if the airline offers them.
    • silversue
    • By silversue 30th Apr 17, 2:58 PM
    • 51 Posts
    • 7 Thanks
    silversue
    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.
    Last edited by silversue; 30-04-2017 at 5:38 PM.
    • NoviceAngel
    • By NoviceAngel 30th Apr 17, 3:17 PM
    • 1,888 Posts
    • 573 Thanks
    NoviceAngel
    .......
    I wrote a piece on it many moons ago but it's probably lost in the quagmire or forum reshuffles by now......
    Originally posted by Mark2spark
    It can still be found m8

    http://forums.moneysavingexpert.com/showpost.php?p=59429463&postcount=580
    After 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 ForumTeam
    • NoviceAngel
    • By NoviceAngel 30th Apr 17, 7:30 PM
    • 1,888 Posts
    • 573 Thanks
    NoviceAngel
    ....... 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.
    Originally posted by silversue
    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

    NoviceAngel
    After 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 ForumTeam
    • coolsteel
    • By coolsteel 19th May 17, 11:57 AM
    • 334 Posts
    • 92 Thanks
    coolsteel
    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
    Originally posted by coolsteel
    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.
    A fool and their money are easily parted.
    • onejontwo
    • By onejontwo 19th May 17, 8:10 PM
    • 1,024 Posts
    • 286 Thanks
    onejontwo
    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.
    • strooth
    • By strooth 31st May 17, 11:40 PM
    • 2 Posts
    • 3 Thanks
    strooth
    ZB533 Palma to Manchester 12th June 2012
    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?
    • 111KAB
    • By 111KAB 1st Jun 17, 6:06 AM
    • 3,638 Posts
    • 1,478 Thanks
    111KAB
    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.
Welcome to our new Forum!

Our aim is to save you money quickly and easily. We hope you like it!

Forum Team Contact us

Live Stats

772Posts Today

6,461Users online

Martin's Twitter
  • I believe I can boldly go where no twitter poll has gone before https://t.co/HA0jC92gAK

  • OK I'm wilting to public pressure and there will be a star trek captain's poll at some point next week

  • I can get that. My order is 1. Picard 2. Janeway 3. Kirk. Too early to say where Lorca will end up (or would you? https://t.co/kawtCOe9RA

  • Follow Martin