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

Mark2spark

Well I'm off on holiday Saturday a.m. so doubt that i'll be on again for about 10 days, see you all laters

Vauban

Mark2spark wrote: »

Well I'm off on holiday Saturday a.m. so doubt that i'll be on again for about 10 days, see you all laters

Don't sweat it - by the time you get back Monarch will have seen the error of their ways and will be paying out to everyone ...

Have a good break!

princeofpounds

Thanks for the info and speedy replies everyone.

trumpylad

Hi have received this from Monarch this week for flight ZB214 15/7/09 LGW - FAO which arrived 6 1/2 hours late.

I 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 £339.00 (the Sterling equivalent of €400.00 based on today’s Reuters exchange rate) will be forwarded to each claimant within twenty one working days. Please be aware that payments for children will be incorporated in the total value of the cheque forwarded to the adult who submitted the claim on their behalf.

Thanks for all the help on here.... cheque still in the post though!!!

PIP1966_2

Mark2spark wrote: »

Hi Pip,
In the circumstances box I would put:
The captain advised that there was a technical fault in the previous flight. The ECJ ruled in the judgement of Wallentin-Hermann that: "...must be interpreted as meaning that a technical problem in an aircraft which leads to the cancellation (or delay) of a flight is not covered by the concept of ‘extraordinary circumstances’ within the meaning of that provision, unless that problem stems from events which, by their nature or origin, are not inherent in the normal exercise of the activity of the air carrier concerned and are beyond its actual control", and also that in the Finnair v Oyj v Timy Lassooy Case C-22/11, "... it is apparent from recital 15 in the preamble to Regulation No 261/2004 that ‘extraordinary circumstances’ may relate only to ‘a particular aircraft on a particular day’, which cannot apply to a passenger denied boarding because of the rescheduling of flights as a result of extraordinary circumstances affecting an earlier flight", therefore compensation of €400 pp is due for the delay in excess of three hours.

Hi Mark
Hope you are well. I submitted my EU Claim form via email on 25th February and have called them today as I hadn't even had an acknowledge. I was told that they had sent me a reply on 15th March via email (which I did not receive). They have re-sent the response to me which states:

"
Re: MON1829 Corfu to Manchester on 4th June 2012

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 developed an engine fuel filter defect prior to departure of the outbound flight from Manchester and was therefore declared unserviceable. Engineers attended the aircraft and ascertained that a replacement component was required and that this would need to be shipped from Luton to Manchester. As a result the aircraft was not available at the scheduled departure time of your flight and a delay was caused. Despite Monarch’s best efforts there was no availability to transfer passengers to an alternative aircraft from within the fleet. As a consequence your flight departed at the earliest opportunity on the original aircraft once the fault had been rectified and declared safe to fly.

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".

What do you think the next steps are, if any?

Look forward to hearing from you

Regards
PIP

nickylala

hi all, i have filled in my claim form then received this reply back, does the airdata system class as a extraordinary circumstance ?
This is the reply i recieved back.
Many thanks



Re: MON324 Cancun to Newcastle on 29th August 2008

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 departure of your flight was delayed due to the failure of the Airdata system. This system is used for flight planning and as long haul flight plans are bespoke and are therefore produced for each individual flight, the aircraft could not depart until the flight planning paperwork was available. As a consequence, your flight was unavoidably delayed. However, your flight departed at the earliest opportunity once the system was operational and the requisite flight paperwork had been produced

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.

Yours sincerely,
EU Claims Team
Monarch Airlines

Vauban

nickylala wrote: »

hi all, i have filled in my claim form then received this reply back, does the airdata system class as a extraordinary circumstance ?
This is the reply i recieved back.
Many thanks



Re: MON324 Cancun to Newcastle on 29th August 2008

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 departure of your flight was delayed due to the failure of the Airdata system. This system is used for flight planning and as long haul flight plans are bespoke and are therefore produced for each individual flight, the aircraft could not depart until the flight planning paperwork was available. As a consequence, your flight was unavoidably delayed. However, your flight departed at the earliest opportunity once the system was operational and the requisite flight paperwork had been produced

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.

Yours sincerely,
EU Claims Team
Monarch Airlines

You have to make your own judgement on that, Nicky. My view is not. But you have to read the FAQs and links on page 1, and make up your own mind. You then also need to know what you're going to do next: but Monarch won't pay up unless you take them to court. Again, the FAQs explain the options but they are basically: walk away, start a small claim; or engage a no-win no-fee (who will take a third of your award, but do most of the paperwork).

Mark2spark

PIP1966 wrote: »

What do you think the next steps are, if any?

Look forward to hearing from you

Regards
PIP

It doesn't appear that you've yet sent your NBA letter (see FAQ's for a draft)
I would word it:

Thank you for your reply.
However, there appears to be a misprint. You have confirmed that the delay was caused by a simple technical issue, the likes of which are expressly not covered as extraordinary circumstances, by the rulings in Wallentin-Hermann & Sturgeon ECJ cases, yet you then state that you consider this to be an extraordinary circumstance.
I therefore put you on notice that should you not settle my claim in full within 14 days, then I will proceed to court action without giving you further notice.

Vauban

Mark2spark wrote: »

It doesn't appear that you've yet sent your NBA letter (see FAQ's for a draft)
I would word it:

Thank you for your reply.
However, there appears to be a misprint. You have confirmed that the delay was caused by a simple technical issue, the likes of which are expressly not covered as extraordinary circumstances, by the rulings in Wallentin-Hermann & Sturgeon ECJ cases, yet you then state that you consider this to be an extraordinary circumstance.
I therefore put you on notice that should you not settle my claim in full within 14 days, then I will proceed to court action without giving you further notice.

I thought you had gone on holiday. Don't tell me you're delayed ...:D

Mark2spark

Hee hee... no we leave in the morning. I didn't think i'd have time tonight for a quick browse on the www.