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

David_e

celtica57 wrote: »

I was going to take it to small claims court but wondered if it was worth it?

If you read the FAQs you will understand if your case is strong enough to succeed and, if so, how to pursue it. If you don't want to do that, speak to a no win no fee firm.

glentoran99

so about a year (or more later) i got a very helpful reply from the CAA

During our investigation we received information from Monarch about the flight concerned, which we have considered in the light of EU guidelines on the “extraordinary circumstances” exception of EC 261/2004.

After considering all the evidence available to us, it is our view that the disruption of your flight is of a type which means that the airline does not need to pay compensation. It appears from the information provided that the disruption was beyond the control of the airline and could not have been avoided. It is our view therefore that this disruption falls under the ‘extraordinary circumstances’ exception of EC261/2004 and as such, we believe that you are not entitled to compensation in this case.

Unfortunately we are unable to take your case any further on the compensation part of your claim. Our opinion that, in this case, the disruption was due to extraordinary circumstances is based on the information provided to us. It is not legally binding and only relates to the flight concerned.

We understand that this may be disappointing for you. You do still have the option of going to county court but, in our opinion, we believe that the airline has a strong case not to pay compensation and, as such, it is for you to decide whether you wish to pursue this further. You can find information on how to take court action at https://www.gov.uk/make-court-claim-for-money/overview.


so even the CAA are pointing towards those guidlines as law, and ignoring the actual precedent set, Hope this Huzzar appeal goes the right way or I think mine will be over

David_e

glentoran99 wrote: »

so even the CAA are pointing towards those guidlines as law, and ignoring the actual precedent set, Hope this Huzzar appeal goes the right way or I think mine will be over

I hope so too. It should because it will be an analysis of the law - not some random list created (so it appears) to assist airlines.

glentoran99

Centipede100 wrote: »

I think you are ignoring Wallentin-Hermann to your detriment. Even if the Huzar appeal is found in favour of the airlines then you will still have a valid case under precedent case law.

Im sure you're right but the claims company im using seem to be depending on the Huzar judgement for mine,

Vauban

glentoran99 wrote: »

Im sure you're right but the claims company im using seem to be depending on the Huzar judgement for mine,

I bet they are! Because if Huzar is upheld, the airlines have no case. It will be the easiest money they've ever made!

DM0904

No luck I'm afraid. It's looking for a needle in a haystack 😔

Vauban

DM0904 wrote: »

No luck I'm afraid. It's looking for a needle in a haystack 😔

It took me about 10 minutes to go through August, looking for a Luton to Larnaca flight. There's only one that fits the bill - 16 August - which should have left at 3.50pm but was delayed on departure by three and a half hours. The recorded arrival time is clearly an error. But looking at the typical actual journey times, it's about 6 hours and 15 minutes, from a scheduled 6 and a half hours. If this is right, it would put you over three hours late by about 15 minutes.

But you will need some evidence that you took the flight, and Monarch are unlikely to have kept passenger data nearly 6 years on. I doubt a NWNF company will take the case if you have no documentary proof.

topgolf2

Hi new to this, does anyone know anything about the above flight Gatwick to Corfu June 25th 2012 delayed approx. 9 hrs would be pleased to know if anyone was on same flight and has had any success with Monarch.

Caz3121

start with the FAQs on the Monarch thread
https://forums.moneysavingexpert.com/discussion/4896699

Just to add (as I see you posted on the Monarch thread a few weeks ago) - finding someone on the same flight that has made a claim may not help. What information are you actually wanting to get about the flight?
Have you actually written to the airline (template letter in FAQs) - what stage is your claim at? what reason have they given?

David_e

topgolf2 wrote: »

Hi new to this

You posted about this on 11 February on the correct thread?