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

cart583

ref glens response from monarch, why would a technical fault which is probably why most delays occur be extraordinary circumstances? really didnt want to hear this as our delay was because there was something wrong with the plane too.:(

cart583

seems we were thinking on the same lines bolly13

glentoran99

I'm in two minds whether to push this to court myself with absolutely no knowledge of the legal system, and risk being taken apart by monarch or enlist the help of a no win no fee company and give them the 30% if they win.

Bolly13

I found the below info on the WHICH website. I reckon they are going to be using this excuse and will be interesting to see what happens if it's challenged in a court. Glen's response was disheartening for sure.

common excuses for cancellations
Some airlines have failed to pay compensation when they are supposed to, and you may be faced with any one of a number of common excuses. Examples include:

We experienced unforeseen technical problems While it's possible that technical problems can sometimes be defined as 'extraordinary circumstances' that allow the airline to get out of compensating you, it's not always the case. The airline would have to show the problem was completely out of the ordinary and something they couldn't have taken steps to avoid. Even then a judge may look at whether they had made adequate arrangements for a substitute plane to be available.

Bolly13

glentoran99 wrote: »

I'm in two minds whether to push this to court myself with absolutely no knowledge of the legal system, and risk being taken apart by monarch or enlist the help of a no win no fee company and give them the 30% if they win.

I know where you are coming from on this. I was already thinking ahead to that if my decision comes back the same as yours. I have never used the court proceedings before and can't afford to lose any money...

Bolly13

Glen - Have you already been in touch with the CAA?

What is the CAA’s role in extraordinary circumstances?

Below taken from their website:
The CAA has a complaints handling service for when passengers cannot resolve their complaint directly with the airline.

When we are considering a complaint about a delayed or cancelled flight and the airline has claimed extraordinary circumstances, we look at the evidence provided by the airline and may seek further evidence to be considered by our legal and technical experts. For technical problems this could include technical logs. Then we decide whether, in our view, compensation is payable, or whether the circumstances which led to the delay or cancellation were outside of the airline’s control

glentoran99

I have been in touch with them and have a file open already due to them taking 3 months to respond haven't contacted them since the reply but will do so tomorrow.

suelees1

If you do a proper trawl through this Monarch forum as well as the general one there's loads and loads of stuff about this. Don't get disheartened as all airlines seem to be trying it on with this 'exceptional circumstances' spiel.

glentoran99

It's what to do next though, I need to investigate what options are available to me in Northern Ireland, if they differ to the English options

Bolly13

suelees1 wrote: »

If you do a proper trawl through this Monarch forum as well as the general one there's loads and loads of stuff about this. Don't get disheartened as all airlines seem to be trying it on with this 'exceptional circumstances' spiel.

Are there any stories of anyone fighting the exceptional circumstances standard response and winning?