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

gummybear1

I have been refused on ZB487 larnaca to b'ham 25 hour delay (june2012) will be taking further action?
Can you lodge an appeal?

111KAB

gummybear1 wrote: »

I have been refused on ZB487 larnaca to b'ham 25 hour delay (june2012) will be taking further action?
Can you lodge an appeal?

No point - if you mean business just go straight to Court application after sending airline a NBA.

gummybear1

Bugsy5 wrote: »

I have just been refused by Monarch on flight Mon 3693 and they quote engine failure as extraordinary circumstances, though all I read says that breakdowns do not come under this category.

Same here but I don't think that is correct so I'm sending them an NBA stating this.

MontyWomble

Hi all,

I wanted to check a flight I took in 2009 but on flight stats it appears to have departed 3 minutes late. I appreciate it was some time ago now, but it was definitely more than 3 minutes, more like hours!

Any idea where else I could check?

Thanks

Chris1447

We have two claims for different flights, one where Monarch are claiming extraordinary circumstances and the other where Monarch are reducing the compensation by 50% sighting the Sturgeon case, Do we have to file for two different court hearings or can they both be heard at the same time. Will the total cost be based on the overall amount we are claiming or will there be a different cost for each claim.

SALERNO

I have today received by email Monarch claiming EC and they also said they sent a letter 22 Feb 13 that I never received.
The captain had informed us that the aircraft had, whilst undergoing routine overnight maintenance to change a filter, had a bolt sheer, that required the engine stripping down. The flight was already delayed before we checked in and we all had the pleasure of watching it being worked on for the next 7 hours or so. The flight was definitely on the ground for some period so it wasn't like a fault was identified just prior to take off. I know that tech delays should not warrant EC and hasn't it just been confirm in the EU ruling that technical delays after maintenance cannot be counted as EC? I guess either way its small claims court the next stop?

I also note post 1559 was a rejected which was the return flight that day.

Re: MON1828 Manchester to Corfu on 4th June2012



Further to your claim for delay compensation, we are writing to advise of our conclusion.



Providing our passengers with a safe and efficient service is our first priority. We would like to reassure you that every reasonable effort is made to ensure that Monarch Airlines 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 such disruption under European Union laws. However, anymonetary 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 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 incident, we are satisfied that the disruption in your case 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.



Pleasedo not hesitate to contact us if we can provide any further assistance or information.





Yours sincerely,



EU ClaimsTeam

Monarch Airlines

dollydaydreamer

Hi,

Following my previous post a page or 2 back regarding my reply from Monarch regarding ZB214 on 21/12/2010 i have received this response.

I can confirm that the initial issue with the technical defect caused by the severe weather happened prior to your own departure date. This unfortunately had a knock on effect to the subsequent flights operated by this aircraft.

Interms of the Alicante flight the crew unfortunately went out of hours and were required to night stop and were due to return to Gatwick on the 20th dec 2010. This aircraft was then due to operate your own flight the following morning. Due to the weather conditions present and continuous snow fall we were unable to land at Gatwick on 20th dec and had to divert to stanstead airport where passengers from this flight were then coached back to gatwick. Unfortunately this did result in the requirement for your aircraft to fly from stanstead to gatwick to operate your own flight on the 21st dec 2010, however the closure of gatwick airport prevented this. The aircraft therefore departed at the earliest available slot and subsequently operated your flight albeit with the unfortunate delay you suffered.

I have noted from your email that you feel the circumstances of the delay were not extraordinary however i can confirm that we are satisfied this is the case.

Any further advice you could give me on this??

Thanks in advance

Ich_2

If the aircraft couldn't land at Gatwick from Stanstead due to the snow, if it had been at Gatwick or there had been a spare at Gatwick it is unlikely that would have been able to take off so it is weather related and exempt.

http://www.freshbusinessthinking.com/news.php?NID=6946&Title=Gatwick+Airport+is+currently+closed+due+to+heavy+snowfall+#.UW2c1MpjZ9w

Looking at that it is also possible the airport would not accept the flight as it tried to clear the backlog from the previous day so would have issued a slot for arrival/departure. Non of that would be under the control of the airline

dollydaydreamer

Thanks ICH.

Yes there was snow and closures the day before our flight. The snow had all been cleared and flights ok on the day of our travel so wasn't sure where we stood. Monarch's first reply stated various issues but was not as detailed as reply above.

Ich_2

One of those hard luck moments I'm afraid (though your travel insurance should have paid out)
I recall that BA had a number of aircraft at Stanstead and spread around Europe as well, all waiting to get back