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

Missymoo123

Martin Lewis money show 8.30 tonight is covering this subject!

martindwilson

efremis, they seem to be dodging the issue.ok so the spoiler actuator was faulty fair enough but surely its their fault for not holding the spares at gatwick? ask them how much the sourcing and delivery of the spare part contributed to the delay.

Vauban

efremis wrote: »

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.

I would love to see Monarch use this argument in a court of law. It would be laughed out!

I can only conclude that, rather than being stupid, Monarch are simply hoping that people conclude they don't have a case. As others have said, there's no further point in exchanging correspondence with them. Off to court!

Karb

More great Customer service from Monarch

"Thank you for your correspondence

Please be advised that it is acceptable for Monarch to request that a claimant completes a claim form. We are in no way refusing your claim for compensation under Regulation EC261. To process claims we require certain information and that information needs to be in a particular format to facilitate efficient processing of claims and protect against fraud. It is a straight forward form which should take you no more than a matter of minutes to complete.

I would also like to make you aware that not all passengers subjected to a delay of more than 3 hours are entitled to compensation. This is another reason why Monarch require certain information in a specific format to allow us to investigate the actual circumstances of the delay.

Thank you in advance for your cooperation in this matter"

Now, to put this into context, I waited 6 weeks for a response to my original letter, and their response was simply to ask me to fill out a form. I responded within 24 hours to say that I had waited long enough already and had no intention of wasting time filling out forms when they already had all of the required info and associated documentary evidence in my letter. A further four weeks have passed before their e-mail today.

I love the last section where they seem to be claiming that they cannot investigate the reason for a delay based on a flight number and date if it is in a letter, but they are miraculously able to if I put it onto a form!

GothicMaiden

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!

I hope you get some sunshine and relaxation.
Your presence will be missed.
Have a good time.

mindy69

After 3.5 months and much chasing up on my part I received an email today rejecting my claim for compensation for flight number ZB5408 from Birmingham to Rome on 30 June 2012, delayed 4.5 hours. Their reason for rejection was:
[FONT=&quot]
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[FONT=&quot]"Our records show that the aircraft scheduled to operate your flight was required to undergo unscheduled maintenance work due to a rudder fault prior to departure. Engineers worked on the aircraft as quickly as possible and were able to declare the aircraft serviceable after the requisite safety tests had been performed. Your flight was then able to operate as soon as the aircraft was declared serviceable. [/FONT]

[FONT=&quot]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."

Does anyone know if unscheduled maintenance is a valid reason for rejection and if so, how should I move forward from here?

Any advice would be appreciated. It would appear from the list they have not paid out on they are sticking to their guns on unscheduled maintenance being considered "extraordinary circumstances".

Many thanks in advance.

Mindy
[/FONT]

Mark2spark

martindwilson wrote: »

from monarch - you are entitled to compensation in accordance with EU Regulation EC261/2004 due to your delay.

ZB 284 on Sun 08 Apr 2012 from London Gatwick to Tenerife South with the scheduled departure time of 13:25

Thanks. OP updated.
What was the reason for the delay given at the time please?

Mark2spark

Karb wrote: »

Now, to put this into context, I waited 6 weeks for a response to my original letter

Have you sent them a NBA yet?
The choice is yours, you can play their letter writing games or not.
On the balance of probabilities, it's more likely that the claim will be denied for EC's. Therefore, once you resign yourself to the fact that you'll probably have to take them to court, then you might as well commence action now - given that you follow pre action protocols (NBA).
I'm pretty sure you'll find that they investigate the case a lot quicker using the court route!
The court won't consider you unreasonable to take action given that you've waited 10 weeks already. There's no legal obligation whatsoever to fill in a claim form. But you DO have to provide some evidence of purchasing the flight.
I take it you done that (supply photocopies) with your original letter? If not, there's no harm in sending the filled out claim form back, with the applicable documentation, accompanied by a 14 day deadline in an NBA.

Mark2spark

mindy69 wrote: »

Does anyone know if unscheduled maintenance is a valid reason for rejection and if so, how should I move forward from here?

No it's not. It's the standard first round of fob off letter.
NBA time, and then court.

Missymoo123

Flight compensation paid. ZB 647, 3rd sept 2012, Larnaca to Manchester.
Had a phone call from Paul Keithley himself yesterday, apologizing for any inconvenience caused and was signing and posting a cheque for £1920.00 as we spoke (and an email came through last night)
My claim took just over 6 weeks from start to finish. I think they paid because I didn't hang about and they knew I meant business.
After posting my template letter found on here (recorded signed for), I waited 2 weeks before emailing. Customer services who hadn't actually seen my letter said it would take up to 28 days. On day 30 I sent my NBA giving them another 14 days. On day 13 they sent a letter saying they had lost my letter! I emailed them the signature and original letter. That was Tuesday this week, I have phoned everyday since and I think by Thursday they got bored of me.
The only leeway I gave was because of the snow, I didn't go into any detail about how inconvenienced I was or put any extra into my letter (they are not going to waste time reading a long letter) and my NBA was literally 2 lines post my compensation or we go to court!
I didn't wait long enough to find out what caused the delay so can't help with the list there.
Hope this helps others. Thanks to all who helped on here xxx