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

James_H_2

I will be attempting to re-open a case I had denied by Monarch last year for flight ZB227 from PMI to LGW on 9th May 2012.

We were scheduled to leave at 10:05am (CEST) and arrive at 11:25am (UK) however due to two separate faults with the plane, we had to divert to Manchester and then down to Gatwick.

I can't remember what the first fault was, however the second was faulty ILS (Instrument Landing System) equipment and as they had flown an old 757 into Mallorca, there were no other planes to get a spare from. We flew to Manchester as it was their hub and they had spares there.

Once arriving, we picked up some Monarch employees for a ride down to LGW.

We finally arrived at 16:18 UK time, 4 hours 54 minutes later than anticipated.

We weren't offered complimentary food, although we were given one free "paid-for" drink.

Monarch originally refused citing technical problems, but I will be attempting to apply for compensation again and will keep you all up to date!

Apologies for the length, but I was being as verbose as possible in the hope someone else on our flight finds this on Google!

Screenshot from EUclaim of our flight:


James.

data1704

Hi,
Please accept my apologies in advance if I've missed it, but I cannot see anyone mentioning flight ZB648 from Manchester to Larnaca, Cyprus 07 Sept 2011 scheduled to depart 15:45, and arrive 22:25. Instead it finally departed 20:50 and arrived 03:20 the following morning, some 05 hrs late.

I've been through the claims process with Monarch. I sent the original claim on 27 Nov 2012 and finally on the 06 June 2013 they replied. Monarch of course used 'Extraordinary Circumstances' as an excuse;

"Our records show that the aircraft that was originally scheduled to operate your flight had to divert into Munich on its previous rotation. This was because, upon descent into Innsbruck, its intended destination, the auxiliary power unit bleed failed. The auxiliary power unit then performed auto-shutdown and would not restart. Whilst an aircraft can operate with an unserviceable auxiliary power unit, unfortunately, Innsbruck airport have restrictions on this and therefore, the aircraft had to divert to Munich.

As a consequence, your departure from Manchester was unavoidably delayed. However, your flight departed at the earliest opportunity once the aircraft was declared serviceable and was able to resume its planned flying programme."

I complained to the CAA straight away (June 2013), and on the 27 Feb 2014, they replied to say that they were in agreement with Monarch, and they stated;

"In your particular case, the CAA reviewed the technical information provided by Monarch Airlines about flight ZB648 on 7th September 2011 and it was our view that Monarch Airlines could not have avoided delaying the flight due to a serious technical problem. As such, our view is that compensation is not payable to you on this occasion. The technical information provided to us remains confidential as it was provided to us as part of our investigation into your case"

So, the CAA have upheld Monarch's decision.

However, in light of Huzar v Jet2.com, I have written back (last Friday 13th), to Monarch (quoting that judgement to them) to challenge their original decision and strangely (strange because it's always an automated response followed by several months of silence), Monarch replied back almost immediately saying;

"We have received the Judgement and we currently reviewing our position.
We will be in contact with you in due course."

I await their more detailed response.

Does anyone know of anything else to do with this particular flight?
Many thanks

ANT123

I had compensation for flight ZB239 Lanzarote to Gatwick on 27th July 2010 delayed for 6hrs 53 mins caused, they say, to an extraordinary circumstance. This was described as a fuel leak caused by a damaged pipe in the number one engine just prior to departure from Gatwick on the outbound sector. After Engineers carried out their investigations the aircraft was deemed as unserviceable and unsafe to operate until a replacement part was fitted. To "SPEED" things up, passengers were transferred to another aircraft. The delay was awful, two single mums with 5 children under the age of 8.. Offered a measly 5€ each to spend on a meal and drinks, in an airport that charges at least 6€ for a burger ! Needless to say, I will be asking Monarch to reopen the case in light of the latest court ruling on 10th June 2014.
As I don't see this particular flight on the list... would be interested if anyone else has tried to claim for it ?

lmandeville

Hi all,

I currently have a small claims court case against Monarch which they submitted a defense to prior to Huzar appeal court case which they referenced in their defense stating that it would be worth waiting for this result before going to court. I'm not sure what my next steps should be, should I approach Monarch again seeing if they want to settle for the full amount (assume I will loose court fees), wait for the small claims court to do something (not sure what the next step is, just saying "defense" online). Is anyone else in a similar position?

Mark2spark

There's no reason for you to lose court fees. A gesture of goodwill would be to waive the interest claimed - assuming you have?
Drop them an email stating that in light of Huzar you are willing to settle for the full amount as per the regulation, + court costs, and waive the interest.
If they persist towards a hearing, then FULL interest will be claimed.

barrygram

hi I have just received my claim form and it states they will only pay 50% if your delay was over 3 hrs but under 4hrs I have checked on the EU regulation website and it doesn't state this any where, does any one know if this is true? thanks

Vauban

barrygram wrote: »

hi I have just received my claim form and it states they will only pay 50% if your delay was over 3 hrs but under 4hrs I have checked on the EU regulation website and it doesn't state this any where, does any one know if this is true? thanks

Only for journeys over 3500km (ie from 600 to 300 euros). This is all in the MSE article.

Sickasapup

I was recently on a delayed Monarch flight, I have received an email from Monarch, apologising for the delay which was caused by "technical difficulties within the Monarch fleet" and advising that I may be able to claim through my travel insurance. The delay was 7 and a half hours and it appears from information that I have read that compensation from the airline could be 400 euros per person, unless the airline claims that the technical issue was an extraordinary event. I am now debating whether to raise an insurance claim, as Monarch suggest, or pursue a claim directly with Monarch. My feeling at the moment is to go direct to Monarch but any advice would be greatly appreciated.

Vauban

You can do both - though I would be surprised if your insurance policy paid out anything significant.

Start with the Monarch thread, and the FAQs on page one. Also the ibdependent Facebook page "Monarch Complaints" tend to be helpful.

Sickasapup

Thank you for that.

Your hat will be useful for Ascot Ladies Day