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

111KAB

diggerb wrote: »

I now have to decide whether to appeal or more likely go through the process again in my wifes name.

Surely a simple letter to Monarch pointing out they have already 'lost' on one passenger should dictate (even to Monarch!) that it is foolhardy going through the same process/cost again - there again it is Monarch

diggerb

Seriously, the contents of the engineers log of rectifying the problem had to be seen to believed astonishing !!!

statictom

A senior judge has ruled in an appeal hearing against Jet2 that airlines are incorrect to deny passengers compensation by claiming that technical defects which develop in flight are "extraordinary circumstances".
Previously airlines had tried to reject claims on the basis that technical defaults were unforeseeable and beyond their control, but this ruling confirms passengers are still entitled to compensation.
The judgement was made after a hearing on 8th Oct 13 at Manchester County Court, where the judge revealed that three separate passengers had also tried to claim compensation for the same flight, but on each occasion the district judge had failed to apply the law correctly.

"This judgement has provided much needed clarity to this complicated area of law"
His Honour Judge Platts ruled that the issue is not whether the technical problem was expected or unexpected, but that the airlines have a duty to resolve these technical issues and the resolution of those issues is firmly in the control of the airline, therefore it cannot be Extraordinary Circumstances under EC 261/2004.
The judge has confirmed that airlines cannot argue a technical defect is extraordinary simply because it is unexpected, unforeseeable or unavoidable.

DTDfanBoy

Excellent stuff, I can't wait to read the actual judgment, I don't suppose it has been published anywhere yet ??

statictom

DTDfanBoy wrote: »

Excellent stuff, I can't wait to read the actual judgment, I don't suppose it has been published anywhere yet ??

http://www.euclaim.co.uk/news/532/Technical-Defects-Not-‘Extraordinary’-In-Flight-Delay-Claims

andythomas

SUCCESS!

ZB661 Malaga - Man 08/07/12

Monarch have agreed a settlement out of court.
The terms of which are confidential, but I am happy with the outcome

I guess the Manchester case on 8th October may have had an influence!

greylib

And another success! :j

Flight ZB978 Birmingham - Malaga 15th October 2012 - original post this thread, #3129 (still not allowed to post links).

After all the trouble other people have reported, this one seems almost too easy.

I sent my claim in early August, received their standard "extraordinary circumstances" letter, sent an NBA early September, followed by Money Claim Online late September.

Monarch responded within the 14 days saying that they would defend the action. Then, this morning I received a letter from them:

Please find attached a cheque in full and final settlement of your above claim. Please ensure that you file a Notice of Discontinuance with the Court and send us a copy as soon as possible.

Please note that the settlement amount and terms of settlement are strictly confidential between the parties.

I assume Monarch are reading this thread. This part's for you:

Since I didn't offer confidentiality, I'm not bound by your last sentence. I've put the cheque in the bank and will file your Notice of Discontinuance as soon as it's cleared.

We really didn't have to do it this way. You knew the flight was going to leave late, so you could have warned us and provided us with an early voucher (enough for a meal), instead of one which arrived after we'd eaten and didn't even cover the cost of a dessert. The aircraft touched down at 11pm instead of 7pm - you should have had someone at Malaga to make sure that people were ok for onward travel. We had planned to go by bus, but managed to get a lift - others might not have been so fortunate. And we should have had a letter of apology waiting for us when we got back.

The fact that you did none of these things showed very clearly that the circumstances of our flight were not "extraordinary" in any way. For you, they were business as usual. I'm glad it's costing you, and I hope it will continue to cost you until you make an effort to give your customers what they've paid for.

Vauban

Hear, hear! Monarch are truly pants!

Well done on your success.

JPears

greylib wrote: »

And another success! :j

Flight ZB978 Birmingham - Malaga 15th October 2012 - original post this thread, #3129 (still not allowed to post links).

After all the trouble other people have reported, this one seems almost too easy.

I sent my claim in early August, received their standard "extraordinary circumstances" letter, sent an NBA early September, followed by Money Claim Online late September.

Monarch responded within the 14 days saying that they would defend the action. Then, this morning I received a letter from them:
I assume Monarch are reading this thread. This part's for you:

Since I didn't offer confidentiality, I'm not bound by your last sentence. I've put the cheque in the bank and will file your Notice of Discontinuance as soon as it's cleared.

We really didn't have to do it this way. You knew the flight was going to leave late, so you could have warned us and provided us with an early voucher (enough for a meal), instead of one which arrived after we'd eaten and didn't even cover the cost of a dessert. The aircraft touched down at 11pm instead of 7pm - you should have had someone at Malaga to make sure that people were ok for onward travel. We had planned to go by bus, but managed to get a lift - others might not have been so fortunate. And we should have had a letter of apology waiting for us when we got back.

The fact that you did none of these things showed very clearly that the circumstances of our flight were not "extraordinary" in any way. For you, they were business as usual. I'm glad it's costing you, and I hope it will continue to cost you until you make an effort to give your customers what they've paid for.

Like your style, b ut a bit tame perhaps

greylib

JPears wrote: »

Like your style, but a bit tame perhaps

<grin>

That's me, I'm afraid. Just naturally reticent and mild-mannered!