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

Vauban

111KAB wrote: »

Manosteel - do not get too technically orientated (unless you are an aeronautical engineer) and just stick to the fact that you were delayed greater than 3 hours due to an ordinary circumstance (ie a plane going tech).

I generally agree with this sound advice. But also it is useful to see the event print out document, which gives useful timings. (I think both 111KAB and my cases benefited from this.)

111KAB

Vauban wrote: »

I generally agree with this sound advice. But also it is useful to see the event print out document, which gives useful timings. (I think both 111KAB and my cases benefited from this.)

JPears

111KAB wrote: »

Seriously?! Ha ha ha. Better comedians than airline operators......:rotfl::rotfl::rotfl::rotfl::rotfl::rotfl:

lmandeville

Hi,

I've recently had a refusal from Monarch and followed up with a letter to the Cyprus Aviation Authority as we were traveling from Cyprus to the UK. Is this correct or should I have gone to the CAA?

Our flight was back in July 2009 [FONT=&quot]MON3469

Thanks
[/FONT]

razorsedge

lmandeville wrote: »

Hi,

I've recently had a refusal from Monarch and followed up with a letter to the Cyprus Aviation Authority as we were traveling from Cyprus to the UK. Is this correct or should I have gone to the CAA?

Our flight was back in July 2009 [FONT=&quot]MON3469

Thanks
[/FONT]

The Cyprus authority is the right NEB for your flight as Cyprus is where your flight originated. However, whether it is correct to actually bother with them is a different question. Anything the Cyprus AA say will be ignored by Monarch and unlikely to be of any help in a UK court.

lmandeville

razorsedge wrote: »

The Cyprus authority is the right NEB for your flight as Cyprus is where your flight originated. However, whether it is correct to actually bother with them is a different question. Anything the Cyprus AA say will be ignored by Monarch and unlikely to be of any help in a UK court.

Thanks. Based on this what is the suggested way to proceed?

111KAB

lmandeville wrote: »

Thanks. Based on this what is the suggested way to proceed?

You or a NWNF to take them to court is the only way to go.

lmandeville

111KAB wrote: »

You or a NWNF to take them to court is the only way to go.

Ok. Thanks for your help

lmandeville

111KAB wrote: »

You or a NWNF to take them to court is the only way to go.

Thanks again, this is the response I originally had from Monarch, is there much chance of a result if taken to court based on their response? Should I be asking for proof of this?

[FONT=&quot]Re: Flight MON3469 Paphos to Gatwick on 8th July 2009[/FONT]
[FONT=&quot]Further to your claim for delay compensation, we are writing to advise of our conclusion.[/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]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]Our records show that the aircraft originally scheduled to operate your flight became unserviceable after suffering a fuel leak whereby a pipe was found to have split inside the inner fuel tank. Despite our best efforts [/FONT][FONT=&quot]this led to a delay in the scheduled departure time of your flight. In order to reduce the length of your delay and minimise the disruption caused, passengers on your flight were transferred to the first available aircraft from within our fleet. [/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]Yours sincerely,[/FONT]

David_e

lmandeville wrote: »

Thanks again, this is the response I originally had from Monarch, is there much chance of a result if taken to court based on their response?

Yes, you need to do some reading to understand the law (it's not desperately complex) unless you are going to speak to a no win no fee firm.

These are my thoughts:

http://forums.moneysavingexpert.com/showpost.php?p=63704354&postcount=4238

lmandeville wrote: »

Should I be asking for proof of this?

No need. They probably wouldn't give it and if you take legal action they may well then give a completely different defence. You have what they said in writing so that's adequate.