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

Vauban

Adie_Cartwright wrote: »

Hi, I've been viewing the forum with much interest for quite some time now, and have become more and more determined to fight Monarch for what I believe is legally mine ...

A bit of digging around this site provided evidence that the breakdown had occured approximately 24 hours prior to our scheduled departure, and the plane involved had not only been repaired and arrived in Manchester several hours earlier than our departure, but had then been flown out to the Greek Islands to complete two further sectors before arriving back with us several hours late.

Utterly shocking - and yet, somehow, not.

Take them to Court. You can either all claim separately, or your mates can write to you formally to mandate you to represent them. Or you could, as an alternative, just take them to court yourself - as a test case. The costs would be smaller, and if you won Monarch could hardly refuse to pay up to others on the same flight.

urban469

Vauban wrote: »

I don't understand your point, Ich. No one believes that airlines should fly defective planes. Indeed, I don't think you need to be an engineer to understand that flying a defective plane would be A Bad Idea. But that's not what is being argued.

The point is that airlines need to have the systems in place so that they can resolve the impact of a technical or other problem (within their control) that causes a delay. They may not like this - it's easier and cheaper to make passengers just wait, after all - but it is the law. If you doubt this fact, the Wallentin judgment is pretty clear:

.

Snap!

Vauban

alibythesea wrote: »

In order to reduce further delay times and recover the operating schedule, the decision was made to operate this flight on the aircraft originally scheduled to operate your flight from Malaga to London Gatwick. As a result, this unfortunately led to a delay to your flight which was then operated on the first available aircraft within the Monarch fleet.

This is the key paragraph. It is also a joke.

So basically, there was a problem with a flight two flights before yours, and as a result the airline decided to use your plane - for which there was no technical problem - to carry those passengers instead.

The only thing "extraordinary" about this is Monarch's chutzpah - I cannot see how their defence would stand up in Court.

suelees1

Adie_Cartwright wrote: »

.....information on any of these would be extremely gratefully received.....

Check out page 1 of this thread for details of all flights being discussed on here.

sooz1539

Hi,
Has anyone had any success with a claim for compensation for the above flight which landed approx. 4 hours late?
Monarch have replied to my claim stating that the aircraft suffered a 'fuel level probe and harness failure' and that this was an 'extraordinary circumstance that could not have reasonably been prevented by Monarch Airlines'.
I would have thought the correct maintenance of an aircraft was their responsibility, and surely this is something that should be picked up during routine maintenance and not when they are just about to depart?
Is it worth appealing or taking legal action?

Mattyc1977

Hello. New user but long time follower.

How long have you all waited to get your initial response back from Monarch? I sent my claim forms in recorded delivery and have proof of delivery on 11th march yet havent heard anything back yet?
I had previously been dealing with thomas cook as we had the holiday from hell and they initially spoke to monarch direct late 2012 where monarch offered a £100 compensation voucher which we rejected. I put this on the claim forms could this have delayed matters, i expected a response back from they by now as it says 28 days on the claim forms.
thanks, mat

sooz1539

Mattyc1977 wrote: »

Hello. New user but long time follower.

How long have you all waited to get your initial response back from Monarch? I sent my claim forms in recorded delivery and have proof of delivery on 11th march yet havent heard anything back yet?
I had previously been dealing with thomas cook as we had the holiday from hell and they initially spoke to monarch direct late 2012 where monarch offered a £100 compensation voucher which we rejected. I put this on the claim forms could this have delayed matters, i expected a response back from they by now as it says 28 days on the claim forms.
thanks, mat

They say you should hear within 28 days. I emailed them to find out what was going on as I hadn't heard...and they got back to me within 24 hours, attaching an email they had supposedly already sent me. (Although I had no record of this...and I'm very on top of things!!!)

Mattyc1977

Well i waited 45 days for a response and didnt get one so i sent them a email about 3 hours ago and here is my response:-

Dear Mr *******

Re: Flight ZB685 Sharm El Sheikh to Manchester on 29th September 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 on the day of your flight, the aircraft scheduled to operate your inbound flight landed in Sharm El Sheikh on schedule after having completed the outbound sector. Prior to its departure back to the UK, the crew reported that the right hand wing deflector panel had detached at hinge line. We arranged for an engineer to be flown out to Sharm El Sheikh to rectify the fault. Upon arrival, he established that the hinge pin had sheared during flap operation and he advised that this fault is not detectable until failure. It was unfortunate that as a result of the time required to investigate and resolve this problem, your flight was subject to an unavoidable overnight delay.


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.

This was a 13.5 hour delay, i think this ISN'T exceptional circumstances and should take further or am i wrong?

Bazzalad

Hi Adie, I to am watching events re this flight and have already sent you some info, however after giving Monarch time to reply to request further details about the movement of this plane prior to landing at Manchester to go out to Palma after two e mails I have received the following,

Thank you for your e-mail

I am sorry that you do not feel that Monarch Airlines has provided sufficient information relating to your claim. Having reviewed the correspondence that has been sent to you, I am confident that sufficient detail has been provided in order to justify the decision made. Consequently we will not be providing any further information or documentation unless requested by the Courts or relevant Aviation Enforcement Body.

Kind Regards
David Bulut
Monarch EU Claims Advisor

They really know how to please customers don't they!!! So it looks like going to court is only way.

Adie_Cartwright wrote: »

Hi, I've been viewing the forum with much interest for quite some time now, and have become more and more determined to fight Monarch for what I believe is legally mine.
Myself and 5 friends were subjected to a seven hour delay on zb534 Man - Pmi on 30/09/2012. My initial letter of claim was met by a Monarch insistance that each member individually sent in an official Monarch claim form. After submitting the forms we were informed that we were not entitled to anything as there was an EC (Namely a wing flap deflector panel shearing) - one of our party was given a completely different reason, but it soon became clear that Monarchs appalling level of competence had resulted in them mistakenly quoting a completely different flight.
A bit of digging around this site provided evidence that the breakdown had occured approximately 24 hours prior to our scheduled departure, and the plane involved had not only been repaired and arrived in Manchester several hours earlier than our departure, but had then been flown out to the Greek Islands to complete two further sectors before arriving back with us several hours late.
I then issued them with a NBA asking them to provide details of all operations of the aircraft on that day, plus evidence that they had sought alternative aircraft from other companies (As they said they had). They replied with a standard letter basically saying they stand by their decision, and offered no further information.
I now intend to go through MCOL, but have a few questions first:

1) Would it be better to proceed as a group, or make my individual claim the first as it would be cheaper, and hope that any success would be a precedent that could then be followed up by the other 5 in the group?

2) Is there anyone else out there attempting to claim for the same flight that can swap info etc with me?

3) I've registered with Government Gateway to set the ball rolling. is it a simple enough process from hereon, and is there anything I should bear in mind?

As an aside, the return flight (zb535 pmi - man 7/10/2012) was also delayed almost 7 hours due to a knock on effect of a delay on the outgoing zb534 flight (Delaminated fan cowl). I would appreciate any info on events leading up to this flight please, and also a further delay on zb534 to Palma on 27th Sept 2009 which was six hours late after a catalogue of ridiculous events including multiple breakdowns, crews out of hours, and having to wait for a Vulcan Bomber to do a flypast of the airport.

Any information on any of these would be extremely gratefully received, as I, like most on this forum am incensed at monarchs attitude to their legal obligations, and would dearly love to take them to the cleaners, particularly as I have successfully received 1800 euros (With partner and child) from EasyJet recently without quibble for a delay from Sharm last November.

Makela2009

Same plane?
is there a way of finding out if a previously delayed flight impacted on mine? Is there some kind of unique reference for each plane? I've noticed that a Monarch flight which was 7 hrs late into manchester could have been the same plane i got on in Malaga 10 hrs later than planned.

thanks as always