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

redater

I'm a bit confused as to why Monarch are using the French air traffic strike as an excuse.Is it to deter people from seeking compensation?

111KAB

powerpack1 wrote: »

Unfortunately if you read FlightStats T & C's the last one says you cannot use their information for a claim under regulation EC261/2004! Which leaves the question why?
Also on the letter sent by Monarch they say they will only pay 50% of possible compensation because we were delayed less than 4hrs.
Surely if it has been set up that airlines are to pay compensation why are they trying to wriggle out of their obligations & not just suck it up like the banks!

1) True Flightstats cannot be used as evidence but the airline (in your case Monarch) have the evidence. Flightstats is a good source to reinforce your recollection of timing.
2) The Monarch 50% wording is totally incorrect - and they know it - just trying it on and they will continue to do so unless more people take Court action.
3) The airlines cannot afford to pay everyone out who has a legitimate delay claim - they would go bust - particularly Monarch. Work it out - 6 million passengers a year, 3% delayed over 3 hours = 180,000 pax per annum which over 6 years = over 1 million passengers inconvenienced with an average claim of say 325€ = a lot more money than even the owner of Monarch has!

111KAB

redater wrote: »

I'm a bit confused as to why Monarch are using the French air traffic strike as an excuse.Is it to deter people from seeking compensation?

They will use every excuse/lie they can think of. In my Court case the Barrister stated that the normal turnaround time for a Monarch plane at Palma airport was 5 hours whereas we all know it is around one hour. The Judge knew as well!

Beammupscotty

Just a quick update for flight mon1875. I have just received a claim form from Monarch. Going to fill it in now and see what happens. They say they will reply within 28 days of receiving claim. Will keep you all informed.

mozzer1966

[FONT=&quot]Re: Flight MON3584 Manchester to Corfu on 7th August 2009

[/FONT][FONT=&quot]Had an email response today reading as follows

[/FONT][FONT=&quot]Dear Mr Morris,[/FONT]
[FONT=&quot] [/FONT]
[FONT=&quot]Thank you for your email.[/FONT]
[FONT=&quot] [/FONT]
[FONT=&quot]I do apologise that you have not received a response regarding your flight delay claim. However I can inform you that an email was sent on 25th June 2013 around 14:17pm. Here is a copy of the correspondence sent back in June.[/FONT]
[FONT=&quot] [/FONT]
[FONT=&quot]Re: Flight MON3584 Manchester to Corfu on 7th August 2009 [/FONT]
[FONT=&quot] [/FONT]
[FONT=&quot]Further to your claim for delay compensation, we are writing to advise of our conclusion.[/FONT]
[FONT=&quot] [/FONT]
[FONT=&quot]Providing our passengers with a safe and efficient service is our first priority. We would like to reassure you that every reasonable effort is made to ensure that Monarch Airlines flights depart on time and in the unlikely event we are unable to do so through disruption, we aim to provide a solution at the earliest opportunity. [/FONT]
[FONT=&quot] [/FONT]
[FONT=&quot]As previously advised, in some circumstances passengers may be entitled to compensation for such disruption under European Union laws. However, any monetary payments are subject to certain criteria being satisfied. Under these laws 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. [/FONT]
[FONT=&quot] [/FONT]
[FONT=&quot]Our records show that the aircraft originally scheduled to operate your flight became unserviceable after suffering a hydraulic oil leak. However unfortunately once the aircraft was deemed serviceable the crew exceeded their legal duty hours and were required to take a period of minimum rest. As a result all passengers on your flight were required to ‘night stop’ in Manchester. Your flight operated at the earliest opportunity the following day once a new crew had been called out.[/FONT]
[FONT=&quot] [/FONT]
[FONT=&quot]Having considered the factual background of this incident, we are satisfied that the disruption in your case was caused by an extraordinary circumstance that could not have reasonably been prevented by Monarch Airlines. We are, therefore, unable to accept your claim for compensation for the reasons given. [/FONT]
[FONT=&quot] [/FONT]
[FONT=&quot] [/FONT]
[FONT=&quot]Yours sincerely,[/FONT]
[FONT=&quot] [/FONT]
[FONT=&quot]Sophie Etchells[/FONT]
[FONT=&quot]Customer Service Centre Advisor[/FONT]
[FONT=&quot]EU Claims [/FONT]
[FONT=&quot]Monarch
[/FONT][FONT=&quot]Tel: +44 (0)844 4815626[/FONT]
[FONT=&quot]Email: [EMAIL="euclaim@monarch.co.uk"]euclaim@monarch.co.uk[/EMAIL]
www.monarch.co.uk[/FONT]


Intresting because start of email is not true as no email was sent on said date no email was received except response from original lettersent in April 2013 with claim forms attached.



The fact that allassangers were called to the gate 50 mins before departure and the plane was in complete darkness no activity in or around the plane then approx 30 mins after plane was due to depart told we were not flying that night and we were all having to stay in a hotel and flight resheduled for following morning.


The apparant fault was repared but crew were over their flight time to me is NOT a exceptional circumstance


Next step??????????????????

111KAB

mozzer1966 wrote: »

Next step??????????????????

Exactly same 'excuse' they gave me - hydraulic leak - I took them to Court (Worcester) - Judge was having none of it and told them a technical problem is not an extraordinary circumstance. Sent them away and told them to pay me compensation + Court application costs + Court hearing costs + interest + parking fees + travel costs + time off work!

Vauban

Next step = NBA

mozzer1966

Vauban wrote: »

Next step = NBA

many thanx

bit new to this so any more guidence lol
:rotfl:

Vauban

mozzer1966 wrote: »

many thanx

bit new to this so any more guidence lol
:rotfl:

Have a good read of the FAQs

mozzer1966

Vauban wrote: »

Have a good read of the FAQs

im being numb now wheres FAQ'S lol