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

friendofbillw2

Also, re Monarch's point 2. How does some little tinpot budget airline keep a straight face when telling the court what the EU Council intended when making this regulation?

Here's an alternative guess at what Europe's lawmakers had in mind. Air carriers get passengers to their destinations within three hours of their scheduled arrival times OR they compensate them.

Whose guess at their intention sounds more plausible, your honour?

results

Can someone advise me whether the following is exceptional circumstances,, I'm not sure.


Our records show that the aircraft scheduled to operate your flight was struck by a baggage truck which rendered the aircraft unserviceable. In order to reduce the length of your delay and minimise the disruption, passengers on your flight were transferred to the first available aircraft from within our fleet. Nevertheless, this aircraft was ‘night stopped’ in Tobago due to crew sickness so you were transferred to the next available Monarch aircraft. Despite our best efforts these events led to a delay in the scheduled departure time of your flight.

Thanks

Vauban

results wrote: »

Can someone advise me whether the following is exceptional circumstances,, I'm not sure.


Our records show that the aircraft scheduled to operate your flight was struck by a baggage truck which rendered the aircraft unserviceable. In order to reduce the length of your delay and minimise the disruption, passengers on your flight were transferred to the first available aircraft from within our fleet. Nevertheless, this aircraft was ‘night stopped’ in Tobago due to crew sickness so you were transferred to the next available Monarch aircraft. Despite our best efforts these events led to a delay in the scheduled departure time of your flight.

Thanks

So what was the cause of your delay - the truck strike or the crew sickness? In truth neither is an EC: the onus is on the airline to have measures in place to deal with these operational incidents, which are part 'n' parcel of an airlines life. Do a search on these forums for "baggage truck" or "sickness" to see how often these issues arise.

I would be particularly interested in knowing when the first incident was - the truck strike. I bet it happened some time before your flight was scheduled ...

results

Thanks vauban, I will reply to their email with those questions

LBD

Vauban wrote: »

LBD has kindly allowed me to post the skeleton defence that Monarch submitted late for the case she won. In the event, the judge refused to accept the skeleton argument, but it's worth taking a look at to see the kinds of arguments airlines are likely to make.

I should add that the document was riddled with typos, which I have tried to fix. It suggests it was put together at short notice.

Experienced commentators, or others, might wish to critique this. I think there are a number of points worth highlighting that will be applicable to many.

Here goes ...

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I hasten to add that for a change they were nto my typos.............. ha ha ha..........:rotfl::rotfl:

Thanks for doing this, as you know I struggle with some of that kind of stuff......:beer:

LBD

jenn1ewest1 wrote: »

Thanks LBD and Vauban can I just ask is this all that they actually submitted,as I have prepared mine in readiness for my court date and was worried it wasnt long enough however now I am feeling much more confident about the amount of information that I have compiled for my witness statement
JH

Jen they submitted the basic defence.....that was it...... they sent me on the 6th a witness pack, all it contained was a copy of a witness statement fromt he engineer....... the claim manager gave a detailed account of her job description. nothing to do withthe claim or refusal... and the operations manager. again nothing of value in that.......

They di dnto subvmitthis to the court in time either, that aside, the Judge told the Barrister that the defence of ec's was very weak....

The key is read the Wallentin report cover to cover and on a regular basis, get your head around the concept of what ec's are and the inane drivel Monarch spout....

Whilst by no means an expert on ehre, but ma happy to help ibn any way I can.:j:j

Vauban

LBD wrote: »

I hasten to add that for a change they were nto my typos.............. ha ha ha..........:rotfl::rotfl:

Thanks for doing this, as you know I struggle with some of that kind of stuff......:beer:

Yes - let there be do doubt these typos were Monarch's (or rather their barristers'). It is a very poor document - and I have seen better ones from other lawyers engaged to defend Monarch.

LBD

Leedsteacher wrote: »

We have followed all the steps and have evidence from the Spanish version of the CAA that our daughter's 16 hour delay was not an extraordinary circumstance. However monarch don't agree! We are now looking at taking them to the small claims court and wondered if anyone has successfully managed this with monarch and how we should go about it. What evidence might we need to provide? How did you word the claim? Thanks[/QUOTEOk

Ok you now write to Mon giving them 14 days notice of pending court action if they fail to make payment.................. send this recorded delivery, I did with everything, but you can also ask for proof of posting which is free........

You can fil it in online or you can fill the form in online and print it off, which ever suits you the best

You just fill in the basics of the claim, time, date, length of delay, where from anbd too....

I also put in mine I was claiming the 250 euros under 261/2004....

on the front page of the Mon thread are all the FAQ's and also links to the wallentin report..........

your daughter will be aske dto prove she was onthe flight, they will want boarding cards, and rubbish like that....... you can get copies online from the Monarch website....

did they email her an apology? they did me....

keep a hold of the Spanish stuff

Start the NBA now, again on the first page of the Mon thread....;);););)

Eve4ever

update on my case

apparently Liverpool CC set a hearing date on 24th June and has issued the paperwork. The first I heard was an order from the court for hearing fees?! Just rang the court and been advised that I have to pay an additional £80 (hearing fee) on top of the £60 I have already paid!!! Can someone tell me what is going on???

Vauban

Eve4ever wrote: »

update on my case

apparently Liverpool CC set a hearing date on 24th June and has issued the paperwork. The first I heard was an order from the court for hearing fees?! Just rang the court and been advised that I have to pay an additional £80 (hearing fee) on top of the £60 I have already paid!!! Can someone tell me what is going on???

That's right - you pay an initial fee to register the case, an allocation fee, and then finally a hearing fee. All these are returned to you upon winning the case.

When do the court want your paperwork? Normally they require both sides to submit it a couple of weeks before the hearing. But that was last Wednesday!!

If they've just been in touch today, and you can't pull together the bundle quickly, why not give them a call and ask a rescheduling?