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

joella68

hi all, as you can see this is my first ever post, apologies if I have posted in the wrong place, ive had a read through some of the posts on here to help me find my way around, but im sorry to admit im a little baffled ............... so may I ask here how I start the claims procedure ? at present my starting point is that my flight - ZB248 GATWICK - SHARM 15/07/2012 was delayed by just a little under 7 hours, ( [party of 5 people ) at the time we were told the plane had " technical problems " and they needed to fly a plane to Gatwick from Greece for us, that's all the info I have for now, so im not quite sure where to start and what needs to be my first step ? any help would be greatly appreciated, and again im sorry if I may have posted incorrectly :-(

Vauban

joella68 wrote: »

hi all, as you can see this is my first ever post, apologies if I have posted in the wrong place, ive had a read through some of the posts on here to help me find my way around, but im sorry to admit im a little baffled ............... so may I ask here how I start the claims procedure ? at present my starting point is that my flight - ZB248 GATWICK - SHARM 15/07/2012 was delayed by just a little under 7 hours, ( [party of 5 people ) at the time we were told the plane had " technical problems " and they needed to fly a plane to Gatwick from Greece for us, that's all the info I have for now, so im not quite sure where to start and what needs to be my first step ? any help would be greatly appreciated, and again im sorry if I may have posted incorrectly :-(

Read the FAQs - and the original article. All the information is there.

MontyWomble

Have noticed in post 942 that Claire was paid out. Noticed as this was the same date as my 13 hour delay which they wont pay out for (cracked windscreen within the fleet).

Surely if there were operational problems on this day that affected both of us then my claim should be paid out also?

We're in the MCOL proccess waiting for a court date, but frustrating that someone else got paid out quickly with a lesser delay!

MontyWomble

And post 1283 which was no doubt affected by the same issues!

Mark2spark

Well I'm going to be off on holiday in two weeks time - Last minute deal with Thomson - hope it's not delayed!
So I'm only going to be looking in now and again from now, and won't keep up with posts.
Good luck everyone!

suelees1

Mark2spark wrote: »

Well I'm going to be off on holiday in two weeks time - Last minute deal with Thomson - hope it's not delayed!
So I'm only going to be looking in now and again from now, and won't keep up with posts.
Good luck everyone!

Thanks for all your help and input. Have a good break.

efremis

I too have put a compensation claim to Monarch Airlines for a 10 hour delay. I completed their claim form and submitted all the evidence. This is the email that I received from them:

Further to your claim for delay compensation, we are writing to advise the outcome of our investigation into your case.

Monarch Airlines aims as its first priority to provide its passengers with a safe and efficient service. We would like to reassure you that every reasonable effort is made to ensure that our 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 delay arising from 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 a spoiler fault, rendering the aircraft unserviceable and unsafe to fly until this fault had been rectified. Engineers advised that a replacement spoiler actuator was required which was sourced at Manchester and transported to Gatwick as soon as possible. Despite our best efforts we were unable to transfer passengers on your flight to an alternative aircraft from within our fleet as would be our aim in circumstances such as this. Your flight departed as soon as the aircraft became serviceable but, unfortunately, these events led to a delay in the scheduled departure time of your flight.

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.

I have now responded quoting the stated cases in previous threads. I wait and see.
My thoughts are if they turn me down again, I want to take this further. Either small claims court or on a no win, no fee basis with Easy Flight Claims. Your thoughts are greatly appreciated.

efremis

Thank you for your e-mail.

As advised in our previous communication, we do understand the inconvenience and frustration that can be experienced during periods of operational disruption and every effort is made to minimise the impact this has on your travel plans. We also acknowledge our obligations during such situations. As such, we have procedures in place to ensure we are assessing such claims in accordance with the applicable legislation. Having reviewed your case we are satisfied that our initial assessment of your claim was correct.

The European Court of Justice in Wallentin –v- Alitalia held that technical defects which come to light during maintenance, or an account of a failure to maintain, do not, per se, constitute extraordinary circumstances in themselves, but “technical problems are covered by those exceptional circumstances to the extent that they stem from events which are not inherent in the normal exercise of the activity of the air carrier concerned and are beyond its control”. Thereafter providing illustrative examples of technical problems that would amount to extraordinary circumstances (including such events as a manufacturing defect, airworthiness issue etc). On account of the technical failure, details of which we have already provided to you, we remain unable to offer you compensation under Regulation 261/2004.

111KAB

Efremis - time for Court via own initiative or no win/no fee firm. I have sent you a PM.

martindwilson

from monarch can confirm that your claim for compensation has now been assessed and you are entitled to compensation in accordance with EU Regulation EC261/2004 due to your delay.
In line with the above a cheque to the value of £339 (the Sterling equivalent of euro€400 based on today’s Reuters exchange rate) will be forwarded to each claimant within fourteen working days.
this is flight
ZB 284 on Sun 08 Apr 2012 from London Gatwick to Tenerife South with the scheduled departure time of 13:25