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

LBD

Sad to say I am still awaiting payment!!!!

derby4ever

Dear All,

Monarch want proof I was on actual flight?

I go to court end of August so have very little time to get this info together as I have no tickets

Any advice I can use to counter this defence

Any help appreciated

romanby1

derby4ever wrote: »

Dear All,

Monarch want proof I was on actual flight?

I go to court end of August so have very little time to get this info together as I have no tickets

Any advice I can use to counter this defence

Any help appreciated

It is up to the airline to prove you were NOT on the flight.
Bank or CC statements might be useful

derby4ever

Thanks Romanby1

Another question do I need to send full copies of Wallentin and other judgements to court or can I just refer to these in my defence?

Vauban

derby4ever wrote: »

Thanks Romanby1

Another question do I need to send full copies of Wallentin and other judgements to court or can I just refer to these in my defence?

You need to include them in your bundle, and should highlight the most relevant parts for the judge.

On your other point, I don't think it is true to say that the airline must prove you were not on the plane. The court must make an assessment about whether on the balance of probabilities you were. So you are likely to need some evidence, unless the flight was in the last couple of years (when you would expect the airline to keep a record). Credit card statements, passport stamps, or indeed anything else to corroborate your story.

derby4ever

Thanks Vauban

nicka99

hi all,
Im looking for some advice - this thread is over 100 pages long so I was hoping someone could give me a short concise answer without having to wade through it all !

I took flight ZB227 from Palma Mallorca to London Gatwick this weekend with myself, wife and children aged 6 and 3.
scheduled arrival time was 19:10 on saturday evening (BST) but actually landed 00:18 Sunday morning, over 5 hours late.

we spent almost 8 hours in palma airport which was not a pleasant experience with bored and tired kids / toilets run out of paper / very hot / very expensive food and drink (we were given a €6 voucher each but this doesnt even get you a sandwich + water) etc etc.

we were informed of an estimated 4 hour delay at check-in but only after our hold baggage had gone down the conveyer so couldnt even take some extra clothes/toys etc out for the kids . Check-in staff cited 'mechanical problems' with the aircraft.

When we eventually boarded, the captain informed use there was a problem with one the flaps which had to be replaced and they had to get parts from germany then fit and test, hence the delay. This was presumably earlier in the day as I saw the plane arrive at the gate fully loaded so the repair was not done in Mallorca.

This morning I received an email from Monarch as follows:

[FONT=&quot]Dear xxx

Please accept Monarch's sincere apologies for the delay you experienced on your recent flight, booking reference: .....

Regrettably this was caused by technical difficulties within the Monarch fleet. Our aircraft are maintained to the highest standards, but as with all airlines, unexpected technical problems do occur from time to time, when this happens, safety is always our number one priority. Nevertheless we appreciate that this caused you some inconvenience and we are sorry for this.

If you have a travel insurance policy, you may be entitled to make a claim. Please forward the attached PDF document to your insurance company as proof of the delay details.

Kind regards,



MONARCH CUSTOMER RELATIONS TEAM[/FONT]

then attachment as follows:

Dear xxx,
Confirmation of Monarch flight delay for Insurance Claim:
Flight: ZB227 Palma to London Gatwick 27 July 2013
Scheduled departure time: 15.45 hours GMT on 27 July 2013
Actual departure time: 21.10 hours GMT on 27 July 2013
Total delay on the departure time: 05 hours 25 minutes
Scheduled arrival time: 18.10 hours GMT on 27 July 2013
Actual arrival time: 23.18 hours GMT on 27 July 2013
PLEASE NOTE: ALL TIMES QUOTED ARE GREENWICH MEANTIME (GMT) NOT LOCAL
Once again, I am sorry for the disruption this has caused and hope this information is of assistance to you.
Kind regards,
MONARCH CUSTOMER RELATIONS TEAM

do I have good grounds to make a claim for 4 x €250 ? will they fight it with all they have or do I have a good case ? Is it just a case of filling out the 4 page form ? if they do play hard-ball, is it worth appointing one of the 'no win no fee' specialist lawyers to save myself the hassle of potential court cases and so on ?

thanks in advance,
Nick

LOBSTER22

Firstly , thankyou so much for all the advice on the boards - I have spent a good while looking through the posts and apologies if this has already been covered but I could not find an answer ?

Essentially I flew form Malaga to Gatwick on ZB743 on the 28th August 2012 and the flight was some 6 hours or so delayed. I made a claim to monarch which they have rejected -

" Our records show that the aircraft originally scheduled to operate your flight was forced to divert during its previous flight due to dangerous weather conditions and as a result the aircraft was not in position at Gatwick to operate the outbound flight to Malaga "

Obviously I have no idea if this is true (!!) and also just seems a bit of an obvious way of getting out of paying !!! Does anyone know if this can be used as " extraordinary circumstances " and whether they would advise me to push on to make a court claim ?

Many thanks indeed.

romanby1

Vauban wrote: »

You need to include them in your bundle, and should highlight the most relevant parts for the judge.

On your other point, I don't think it is true to say that the airline must prove you were not on the plane. The court must make an assessment about whether on the balance of probabilities you were. So you are likely to need some evidence, unless the flight was in the last couple of years (when you would expect the airline to keep a record). Credit card statements, passport stamps, or indeed anything else to corroborate your story.

My settled claim 3 weeks prior to court date was on the Small Claims Track. We had to provide full copies of documentation to the airline, the court with the court fee, a copy for us to refer to in court and a further copy with where possible original documents. to take on the day of court, (what for I do not know)

Vauban

LOBSTER22 wrote: »

Firstly , thankyou so much for all the advice on the boards - I have spent a good while looking through the posts and apologies if this has already been covered but I could not find an answer ?

Essentially I flew form Malaga to Gatwick on ZB743 on the 28th August 2012 and the flight was some 6 hours or so delayed. I made a claim to monarch which they have rejected -

" Our records show that the aircraft originally scheduled to operate your flight was forced to divert during its previous flight due to dangerous weather conditions and as a result the aircraft was not in position at Gatwick to operate the outbound flight to Malaga "

Obviously I have no idea if this is true (!!) and also just seems a bit of an obvious way of getting out of paying !!! Does anyone know if this can be used as " extraordinary circumstances " and whether they would advise me to push on to make a court claim ?

Many thanks indeed.

No it can not. The weather is an extraordinary circumstance only if it presents "meteorological conditions incompatable with the flight concerned". What a bunch of crooks!