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

glentoran99

So just off the phone to them for the umpteenth time, and constant facebook harassment apparently they have made a decision and my response will be sent today, apparaently they cant tell me what is says though, so i await with bated breath.....

Although quite weird the euclaim team can't tell me the answer to my euclaim...

glentoran99

I'm sure it's entirely coincidental I emailed an LBA on Monday....

Mark2spark

All this secrecy is where the most annoyance stems from. Ok they are taking a long time and all that but if they at least kept you up to date it would be more bearable.
Lets hope Glentoran is #2 on the settled flight list anyway

glentoran99

Doubt it, I'm fully expecting the technical failure - exceptional circumstance reply

Vauban

glentoran99 wrote: »

I'm sure it's entirely coincidental I emailed an LBA on Monday....

Good luck Glen - I hope you are indeed the second lucky winner.

Though why they couldn't tell you over the 'phone is a mystery to me (unless they were dodging bad news).

Fingers crossed ...

glentoran99

Thank you for taking the time to contact us in respect of your flight.

I am sorry to learn of the disappointment that prompted your correspondence. Providing our passengers with safe and efficient service is our first priority. I would like to reassure you that every effort is made to ensure the flights depart on time and in the unlikely event we are unable to do so, we aim to get you to your destination at the earliest opportunity. That said, our ability to keep disruption to a minimum is always dependant on the resources available to us on the day.

In some circumstances, passengers may be entitled to compensation under European Union laws.
However, any monetary payments are subject to certain criteria being satisfied. 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. In addition, the CAA has provided some guidance on its views of “extraordinary circumstances” (please see the guidance notes accompanying the 261 compensation claim form).

Our records show that the aircraft scheduled to operate your flight became unserviceable in Mombasa due to a ruptured start duct in the number one engine. Qualified engineers were dispatched from Manchester with the required parts in order to rectify the fault. As a consequence of these events and the resulting delay, passengers and crew were required to ‘night stop’ in Mombasa and the flight departed at the earliest convenience the following morning. Despite Monarch’s best efforts to minimise the disruption, we were unable to transfer passengers to another aircraft from within the Monarch fleet, or indeed to an aircraft chartered from a third party operator which could have reduced your delay.

Having considered the factual background of this incident, I am satisfied that this was indeed an extraordinary circumstance that could not have reasonably been prevented by Monarch. I am unable to agree to your claim for compensation.

Yours sincerely,

glentoran99

Any words of wisdom from the resident experts?

Vauban

glentoran99 wrote: »

Any words of wisdom from the resident experts?

I'm shocked. Who'd have thunk it?

But you know what happens next ...

Mark2spark

Sorry that you had to wait for so long for an entirely predictable response.
Court beckons.
At least they have dug their own grave by confirming, in writing, that the reason for the delay is a straightforward tech issue.

Cue ironic laughter at the expression 'became unserviceable'...
Is the plane still there then? No? Oh, you mean that it became unserviceable to the timetable it was on *due to you not having in place alternative arrangements in order to escape your obligations to compensate under the EU261 regulation*

Bolly13

I've read this thread with interest today as I am also a disgruntled Monarch customer who has submitted a claim. I sent off my claim at the beginning of November for a 7 hour delay on the following flight:
ZB 692 Manchester to Mahon Fri 03 Jun 2011 09:00

I know this delay was caused by a technical fault of some description. I'm now losing hope that I will receive a positive outcome since it would appear they are reluctant to accept responsibility for technical problems...:(