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

111KAB

mozzer1966 wrote: »

im being numb now wheres FAQ'S lol

https://forums.moneysavingexpert.com/discussion/4384583

Vauban

:doh:

111KAB wrote: »

https://forums.moneysavingexpert.com/discussion/4384583

I've found a new emoticon. :doh:

mozzer1966

111KAB wrote: »

https://forums.moneysavingexpert.com/discussion/4384583

Got it many thanxs

will now push on with claim

sharronn23

Our flight was delayed by 8 hours and I found the following on a forum;

Delay on the MAN-CFU-MAN was due to the aircraft being used earlier in the day to operate a LGW-DLM-LGW due to A330 stuck in PFO tech.
The first available A300 that came available after the first rotations was despatched to MAN to operate the CFU.
No spare A330 or A300 in the programme today.

Do we have a claim?

Vauban

sharronn23 wrote: »

Our flight was delayed by 8 hours and I found the following on a forum;

Delay on the MAN-CFU-MAN was due to the aircraft being used earlier in the day to operate a LGW-DLM-LGW due to A330 stuck in PFO tech.
The first available A300 that came available after the first rotations was despatched to MAN to operate the CFU.
No spare A330 or A300 in the programme today.

Do we have a claim?

If this is true - that Monarch used your plane for another route - then you should have a claim.

The PPRUNE forum is fairly reliable, but still hearsay. Write to the airline to make a claim, as per the FAQs on page one. They may play tough, however, and legal action could be necessary ...

Issuma

Vauban wrote: »

:doh:

Thanks also for this, we've just suffered a 23 hour delay with Monarch from Manchester to Mytilene the aircraft was 'broken down' in Skiathos awaiting a part, the same aircraft was also delayed the previous Saturday again awaiting a part........I have submitted a claim but after reading some of the threads I'm not sure whether we will get anywhere !!!

111KAB

Issuma wrote: »

I have submitted a claim but after reading some of the threads I'm not sure whether we will get anywhere !!!

Probably NBA then Court to realise your legitimate claim.

LBD

Again here is all the information and links you need, please read it and the links, you will find most of what you need there......you need to read this, otherwise when you reach court , you will not have the necessary information, when you come to do you witness statement you will not have the necessary information, to argue your case...................

It's not just as simple as asking someones who has already won for their court bundle and submitting that......

YOU NEED OT KNOW THE POINT TO ARGUEON AND THE CASE LAW TO QUOTE..........





QUOTE=Centipede100;58530703]FAQ's

All blue words are links to relevant posts.

WARNING
Please read these FAQ's and guidance, together with the MSE article in order to discover useful information before you ask a question!

What to do next after reading the FAQ's.

Airline bust= no claim
The claim is against the airline, not the travel agent, not the package holiday company, not the administrator, nor anyone else. AIRLINE ONLY. If the airline is bust, you have no-one to claim against. It doesn't matter if the package tour operator is still in business and the airline is not. No airline = no claim.

Anything from 17th Feb 2005 -you can claim but if the airline says no - you can't take them to court.... but check out the corrections to the (inaccurate) MSE article:

MSE article corrected

Flight Stats Check your delay length time (you may have to register)

'Which!' draft letter to set the ball rolling Start off your claim
Alternatively:

CAA Template letter Standard claim letter to initiate a claim

After denial of your claim, issue 14 days notice of Court Action:

Centipede100 Template letter This is the 'Notice Before Action' letter (NBA or LBA)

Explanation of the legal process of NBA, 14 days notice before court claim.

Small claims time limitIts 6 years in England & Wales, 5 years in Scotland
European court press release on time limits to claim It's the time limit in each member state, which 6 years in England & Wales.

MCOL : Link to the Court Forms (for England & Wales)
How to claim in Scotland - Link to guide to Scottish procedure to small claims
Scottish Court Fees

Package holiday flights ARE covered.


Regulation261\2004
CAA Denied boarding
Right to Care
CAA contact details

Technical fault with plane is NOT "extra ordinary circumstances" so you CAN claim
Extraordinary circumstances + Extra ordinary Circumstances
Technical issues
More Technical issues with background
EC's explained yet again

Thomas Cook address, phone number, and email address
Thomas cook incident Oct 26 2012

Thomson address
Emirates Airlines address

KLM Claim form
Ryanair address
Ryanair Irish appeal explained
How to combat Ryanair using the English Court System
BA Address
BA complaint web-site

BA forum explaining the regulation in plain english *ESSENTIAL READING*

Jet airways address

Compensation per person + Monarch email
Monarch Claim form

European small claims court forms How to issue a court claim against a foreign airline with no UK address

Airline claims 2 years maximum to claim The England & Wales time limit is 6 years, - that's the Law - Scotland 5 years (see link above for Scotland)

'More' Judgement on 22nd NOV confirms the limit is whatever applies in the Country - 6 years England & Wales, 5 years Scotland

Wallentin-Hermann judgement The concept of extraordinary circumstances explained in legal terms

Original Sturgeon judgment giving rise to delay compensation:

Legal challenge to Sturgeon judgment - The ECJ Grand Chamber ruling on the 23 October 2012

Folkerts v Air France case C-11/11 Missed connection due to delay on first flight still qualifies for compensation if arrival is later than 3 hours

Eglitis & Ratnieks case C-294/10 Airline should organise its resources in good time to be able to ensure the operation of the flight after Extraordinary Circumstances have ended (so called knock on effects) http://curia.europa.eu/juris/document/document.jsf?text=261%252F2004&docid=82052&pageIndex=0&doclang=en&mode=req&dir=&occ=first&part=1&cid=477772#ctx1[/QUOTE]

Sherratthead

Issuma wrote: »

Vauban wrote: »

:doh:

Thanks also for this, we've just suffered a 23 hour delay with Monarch from Manchester to Mytilene the aircraft was 'broken down' in Skiathos awaiting a part, the same aircraft was also delayed the previous Saturday again awaiting a part........I have submitted a claim but after reading some of the threads I'm not sure whether we will get anywhere !!!

I was on that same flight...! (both of them). I've put a claim in so will update on here how they reply! I'm expecting a fight!

Jayne

ceraliam

Vauban wrote: »

If this is true - that Monarch used your plane for another route - then you should have a claim.

The PPRUNE forum is fairly reliable, but still hearsay. Write to the airline to make a claim, as per the FAQs on page one. They may play tough, however, and legal action could be necessary ...

Another flights plane was damaged on the ground by a vehicle in Manchester. They used the plane that was due to fly out to Corfu to pick us up, to transfer the passengers from the damaged plane to their destination, then fly back to Manchester, pick up the Corfu passengers then fly out to Corfu where we then boarded for our return to Manchester....phew.
We were delayed 9 hours. I had my claim rejected by monarch due to "extraordinary circumstance" I have since wrote to CAA who wrote back to say I have to send the claim to the relevant NEB in the country we departed from....I haven't done this as yet and was thinking of writing to Monarch again due to the new guidelines update....

Anybody any advice on this would be appreciated