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

111KAB

Helpmeout wrote: »

Hi just wondering if anyone else was delayed on flight ZB473 from Sharm-Birm on the 7/05/2013. The flight was delayed for 17 hours and 50 mins . I received a email from monarch shortly after the delay to confirm the flight delay was down to a technical problem but I am just in the middle of deciding whether to put in a claim and wondered wether anyone else had been successful .
Thanks

You have a valid claim but read the Huzar thread as the determination of this case will have a bearing on yours. The fact you have an email explaining a technical problem caused your delay should assist. Whether you decide to pursue by yourself to gain 100% compensation or use a no win no fee (around 73%) is down to you. The other alternative is to walk away - really depends upon how much you want/need/deserve the money . Look here as well > https://www.facebook.com/MonarchComplaints

MarkW1

I was delayed at Manchester going to Palma in June flight ZB532 shcheduled at 6.20, boarded at 7am, took off at 10.30am. Three and a half hours of pure fun sat on the aircraft due to a faulty valve. Initially they thought they had fixed it, hence the reason for boarding us. But ultimately they had to replace the part. I've jumped through the usual hoops with contacting Monarch and just had a reply this morning. Apparantly Jet2 are appealing the Huzar case from last month in the Supreme Court. Monarch have stated this will take until October to reach judgement.

I'm just wondering whether to still go ahead immediately with court action or keep my powder dry until October??

111KAB

MarkW1 - read Huzar thread - October is a suggested date when the Supreme Court decide whether to allow the Jet2 appeal - if they do allow this could take ages/years to resolve. I have sent you a PM.

catzeyezuk

Good evening. I would appreciate any advice you guys could give me. My family (party of 12) were delayed on Flight MON 1484 Gatwick to Dalaman on 11th June 2012. It was a delay of approx. 10 hours. The reason given for the delay was that the aircraft had been involved in a collision the day previous at an overseas airport and had to be certified safe before flying into Gatwick to resume its flight schedule.
We've had lots of correspondence with Monarch and they claim extraordinary circumstances. So we wrote to the CAA and they responded that they responded as follows:
"It appears from the information provided that the airline cannot rely on the “extraordinary circumstances” exception from the Regulation to refuse to pay compensation. It is our considered view that the airline has not demonstrated that this disruption was beyond their control, and have not taken appropriate measures to avoid and or minimise the disruption. As such, in our opinion, the disruption to your flight is of a type which means that the airline should pay compensation.
We have given our view to the airline and have asked them to pay compensation to you as required in EC Regulation 261/2004. Our view on this case is based on the information provided to us, is not legally binding and only relates to the flight concerned. Currently the airline maintains their position that extraordinary circumstances applies and they are refusing to pay compensation. However, we are not an ombudsman scheme and we are unable to impose a solution on an airline. "
Monarch still refuse to pay.
So I opened a case with the small claims court with the basic summary being why the flight was delayed and the fact that Monarch made no effort to inform the passengers of the delay in a timely manner or reschedule/draft in another aircraft.


They are defending the case quoting lots of different judgments and basically saying it was an extraordinary circumstance (they quote point 19 of the NEB guidance document - which I can only see is a DRAFT)


Any advice? Can you provide me with similar cases that I can quote back to them? I found the Koott v Thomson judgment on MSE but wondered if you could help with any more? Can they really rely on a guidance document, particularly one in a draft format only?


I am no expert, so I presume the next step is to argue their points in Court - any help or advice for this?


Many thanks in advance

111KAB

AS you say a draft document and basically a list dreamt up by the airlines which has no legal standing. You have a (very) valid case and the problem you experienced is not something which can be considered as extraordinary. I have sent you by PM a suitable link. There is little point in drafting out your statement yet and also little point in playing correspondence ping pong with Monarch. Wait until you receive a hearing date and go from there.

Kazblack0

Well, I don't know where I go now because Monarch rejected my claim but kept all my paperwork, so I don't have the boarding passes and evidence to take it further. I was delayed 8 hours both going out and coming back from Majorca, but can't take it any further without all my original boarding passes and stuff.
Any advice ?

111KAB

Kazblack0 wrote: »

Well, I don't know where I go now because Monarch rejected my claim but kept all my paperwork, so I don't have the boarding passes and evidence to take it further. I was delayed 8 hours both going out and coming back from Majorca, but can't take it any further without all my original boarding passes and stuff.
Any advice ?

Sorry to rub it in but as has been said many times before do not send originals only copies as airlines have the habit of 'loosing' correspondence, this being one of their ways of getting out of paying. I have sent you a PM but try and list out all the info you know, date, flight number, route etc as it is not imperative to have all/every bit of information. See what you can find then post again if necessary.

111KAB

If Monarch rejected your claims there must be some relevant information on their letters plus I presume you put in two claims (there and back) so have both been rejected? You are looking at either 800€ per passenger or 500€ depending upon where you flew from in respect of both legs so it is worth your while having a good search!

kefkat12

I put in a claim to Monarch at the beginning of July, this year. Yet to hear back. I tried to claim 2 years ago after our holiday with the 6 hour delay. They sent a load of excuses at the time. I left it. Recently I discovered about the claims through here. So I wrote again.

I didn't have the flight chits etc, after 2 years, however sent them as much detail as I could. It took them 6 weeks to reply last time so I will give them to the middle of August before deciding what to do next.

We still fly with Monarch to where we go every year as it is the cheapest route to do it with the only self catering company where we stay, linked to them.

Pretty peeved off about it all. Glad I have come on and read this though. it was here I got the information in the first place to claim, so re worded the letter and thought got nothing to lose.

I sent it recorded delivery so I know they have it

Getting_Savvy

Hi

Does anyone know if I can claim compensation for the following:

Due to fly out with Monarch from Humberside at 2230hrs on Tue 16 Sep 2008 - an air stewardess was ill when the incoming flight landed so 20 passengers were denied boarding as they didn't have enough staff left on the flight for the number of passengers when she went off to hospital

Eventually we were contacted by the airline and had to meet at Humberside Airport at 0100hrs on Thu 18 Sep - we were then bussed to Gatwick and put onto a flight (think it was Thomson) and eventually took off at approx 0900hrs/0930hrs

Lost 36 hrs of a weeks holiday