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

glentoran99

LBD wrote: »

What new guidelines????

http://www.caa.co.uk/application.aspx?catid=14&pagetype=65&appid=7&newstype=n&mode=detail&nid=2263

http://ec.europa.eu/transport/themes/passengers/air/doc/neb-extraordinary-circumstances-list.pdf

glentoran99

dstainer wrote: »

Another success here after going the MCOL route..... After initially saying that they'd defend, Monarch then decided they weren't going to at the 11th hour. I now have a cheque for the full amount, without going to court.

My only gripe is that I filled out my initial MCOL claim incorrectly and didn't add the interest to the total amount. I mistakenly thought this would be calculated 'on day of ruling/settlement' but apparently you have to factor it in up to the date you raise the claim and then you can add any additional interest on afterwards. Has anyone else found some of the MCOL forms vague and open to interpretation?

This aside it's a good result - I'm happy from a point of principle as much as anything. To anybody not sure and been given the standard EC excuses, airlines will not listen until the courts get involved. My advice would be, if you know you have a good case then go for it. Be persistent and be confident - study the rulings, know your rights and don't get fobbed off.

Good luck everybody!!

What was the reason for your delay?

dstainer

glentoran99 wrote: »

What was the reason for your delay?

Very good question and one that Monarch couldn't really properly answer themselves. The best I got from them was "due to technical faults within the fleet there were insufficient aircraft to operate your flight on time".
They then claimed this was an EC! :rotfl:....hence a swiftly issued NBA and an MCOL submission.
After initially saying they would defend the case they appear to have finally seen some sense.:)

TheOneEsty

Just posting this in case anyone else from our flight wants to compare notes while going for compensation. I was on the delayed flight from Skiathos to Manchester yesterday, which was 29 hours late!! We went through passport control three times, were put up in a hotel overnight and generally left hanging around as they flew in an engineer by Lear jet from the UK, then a spare part which didn't fit, and finally a spare part came in from Athens. Our plane sat on the runway all that time with Monarch refusing to bring in another plane or do anything other than try to repair the broken one. We were taken back to the airport at 10 on the second day, through check in and passport control and told we were boarding at 12 noon (when the plane was not usable and had not been cleared - they should not have brought us all back to the airport until the plane was fit to fly.) Then told 12.30. then 1.15 and then told we were being bussed into town for food and leaving at 8. We actually watched the spare part arrive and saw the engineer fit it. Finally left at about 8.45 Skiathos time, arriving in Manchester 29 hours after we should have, having flown through turbulence and over storms in a plane we had watched broken on the runway for 29 hours! Unnerving to say the least, especially given the very tight take-off and landing at Skiathos at the best of times. Reps were great in a very bad situation (we got food and hotel, though not great) but 29 hours late is ridiculous, especially as having to go through passport control meant people had no sun lotion/ mosquito repellent and were running out of money/ nappies/ baby food etc. Kept having to re-buy water every time we went through as obvs not allowed to take liquids through to departures. It also left some people stranded at Manchester in the early hours of this morning with no lifts.

romanby1

TheOneEsty wrote: »

Just posting this in case anyone else from our flight wants to compare notes while going for compensation. I was on the delayed flight from Skiathos to Manchester yesterday, which was 29 hours late!! We went through passport control three times, were put up in a hotel overnight and generally left hanging around as they flew in an engineer by Lear jet from the UK, then a spare part which didn't fit, and finally a spare part came in from Athens. Our plane sat on the runway all that time with Monarch refusing to bring in another plane or do anything other than try to repair the broken one. We were taken back to the airport at 10 on the second day, through check in and passport control and told we were boarding at 12 noon (when the plane was not usable and had not been cleared - they should not have brought us all back to the airport until the plane was fit to fly.) Then told 12.30. then 1.15 and then told we were being bussed into town for food and leaving at 8. We actually watched the spare part arrive and saw the engineer fit it. Finally left at about 8.45 Skiathos time, arriving in Manchester 29 hours after we should have, having flown through turbulence and over storms in a plane we had watched broken on the runway for 29 hours! Unnerving to say the least, especially given the very tight take-off and landing at Skiathos at the best of times. Reps were great in a very bad situation (we got food and hotel, though not great) but 29 hours late is ridiculous, especially as having to go through passport control meant people had no sun lotion/ mosquito repellent and were running out of money/ nappies/ baby food etc. Kept having to re-buy water every time we went through as obvs not allowed to take liquids through to departures. It also left some people stranded at Manchester in the early hours of this morning with no lifts.

You have an excellent claim they did not make every effort to get you home. If you had out of pocket expenses I hope you kept the receipts, these can form part of your claim. Google the regulation ans study it also the Wallentin -Hermann and Sturgeon rulings.
It is hard work but a victory is a wonderful feeling.

Adie_Cartwright

glentoran99 wrote: »

any link for this?

As others have pointed out, there are no new rulings - just guidelines that supposedly take the ambiguity and grey areas away. However, they still don't address the issue of knock-on effects, and how far back the airline can suggest a technical fault had a bearing on a delayed flight.
My case is resting on the fact that my aircraft failed in Sharm 24 hours previously, but was fully operational and on the stand six hours prior to departure time when Monarch took the operational decision to fulfil the plane's original schedule and send it to the Greek Islands several hours late, knowing that it would impact on our flight. Thereby ensuring that the flight from Sharm, the flight from Greece, and our flight could all be covered by the same EC excuse.
A replacement should have been sought, and Monarch refuse to offer me any proof that they did seek alternative aircraft.

results

Vauban wrote: »

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 ...

I asked this a while ago and have emailed Monarch but as yet not received a reply. I have since read the following from the CAA list of exceptional circumstances,, does this mean I'm wasting my time?

Unexpected
flight safety
shortcomings
Damage to the aircraft primary or secondary structure (e.g. metallic or composite structure) caused by
third parties on the ground prior to the departure of a flight and requiring immediate assessment and/or
repair. For example a collision between an airport vehicle and an aircraft.

Vauban

results wrote: »

I asked this a while ago and have emailed Monarch but as yet not received a reply. I have since read the following from the CAA list of exceptional circumstances,, does this mean I'm wasting my time?

Unexpected
flight safety
shortcomings
Damage to the aircraft primary or secondary structure (e.g. metallic or composite structure) caused by
third parties on the ground prior to the departure of a flight and requiring immediate assessment and/or
repair. For example a collision between an airport vehicle and an aircraft.

The CAA's guidance is not law, nor necessarily rooted in legal judgement. Only the courts can make an assessment of that. I know of one recent case where the CAA ruled against a claimant, but the court found in their favour regardless.

Vauban

Am pleased to say that Winchester County Court have finally given me a date for 1 October. It has been a long journey, but I am looking forward to bringing it to a conclusion.

The judge has ordered both sides to attempt mediation first, which I am happy to do, but the case will be heard in early October regardless.

It is a great pity that Monarch insisted - though their systematic refusal to engage me - on this going to court. I was never unreasonable, and always prepared to have a reasonable discussion. None was ever offered.

I am however very confident in the merits of my claim, so have no compunction about seeing this through to the end. The Court interestingly have ordered for all papers to be with them six weeks before the hearing. So time finally to assemble that bundle ...

LBD

Vauban wrote: »

Am pleased to say that Winchester County Court have finally given me a date for 1 October. It has been a long journey, but I am looking forward to bringing it to a conclusion.

The judge has ordered both sides to attempt mediation first, which I am happy to do, but the case will be heard in early October regardless.

It is a great pity that Monarch insisted - though their systematic refusal to engage me - on this going to court. I was never unreasonable, and always prepared to have a reasonable discussion. None was ever offered.

I am however very confident in the merits of my claim, so have no compunction about seeing this through to the end. The Court interestingly have ordered for all papers to be with them six weeks before the hearing. So time finally to assemble that bundle ...

:j:j:j:j:j At long last you have a date.......hmmmmm are they likely to comply??? lol oh do enjoy your mediation, if they agree that is....

Well my bundle am sure was tame in comparison to yours:T:T:T:T and I won. so have no deoubt you will also.....

I still cant believe they are resisting... not that you need it, butif any ofmy stuff would beof use its yours just ask...:T:beer::beer::beer::beer: