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

sharon366

Mon4362 manchester to sharm 23/04/11

Monarch have now confirmed they are paying us compensation
On this flight , £434 x 3

batman44

Just need to clear something up if anybody knows,

1. Where reference is made to this Article, passengers shall receive compensation amounting to:
(a) EUR 250 for all flights of 1500 kilometres or less;
(b) EUR 400 for all intra-Community flights of more than 1500 kilometres, and for all other flights between 1500 and 3500 kilometres;
(c) EUR 600 for all flights not falling under (a) or (b).
In determining the distance, the basis shall be the last destination at which the denial of boarding or cancellation will delay the passenger's arrival after the scheduled time.
2. When passengers are offered re-routing to their final destination on an alternative flight pursuant to Article 8, the arrival time of which does not exceed the scheduled arrival time of the flight originally booked
(a) by two hours, in respect of all flights of 1500 kilometres or less; or
(b) by three hours, in respect of all intra-Community flights of more than 1500 kilometres and for all other flights between 1500 and 3500 kilometres; or
(c) by four hours, in respect of all flights not falling under (a) or (b),
the operating air carrier may reduce the compensation provided for in paragraph 1 by 50 %.

Am i entitled to 600 euro or 300 euros?

My scheduled flight lengthwas 4112km; Sharm to Manchester

We were not offered alternatives.

Were in the reg does it say they can reduce by half other than above?

Thanks

NoviceAngel

batman44 wrote: »

Just need to clear something up if anybody knows,

1. Where reference is made to this Article, passengers shall receive compensation amounting to:
(a) EUR 250 for all flights of 1500 kilometres or less;
(b) EUR 400 for all intra-Community flights of more than 1500 kilometres, and for all other flights between 1500 and 3500 kilometres;
(c) EUR 600 for all flights not falling under (a) or (b).
In determining the distance, the basis shall be the last destination at which the denial of boarding or cancellation will delay the passenger's arrival after the scheduled time.
2. When passengers are offered re-routing to their final destination on an alternative flight pursuant to Article 8, the arrival time of which does not exceed the scheduled arrival time of the flight originally booked
(a) by two hours, in respect of all flights of 1500 kilometres or less; or
(b) by three hours, in respect of all intra-Community flights of more than 1500 kilometres and for all other flights between 1500 and 3500 kilometres; or
(c) by four hours, in respect of all flights not falling under (a) or (b),
the operating air carrier may reduce the compensation provided for in paragraph 1 by 50 %.

Am i entitled to 600 euro or 300 euros?

My scheduled flight lengthwas 4112km; Sharm to Manchester

We were not offered alternatives.

Were in the reg does it say they can reduce by half other than above?

Thanks

If you were NOT offered re-routing and had to wait it out and were subsequently delayed you are entitled to the full amount of 600 Euros for your delay.

I don't see any confusion Batman.

Cheers,

NoviceAngel

JPears

It doesn't. I think you are correct, the 50% reduction ONLY applies if you are re-routed.
Batman, how long was your delay?

NoviceAngel

1.
to be delayed beyond its scheduled time of departure:
When an operating air carrier reasonably expects a flight
(a) for two hours or more in the case of flights of 1 500 kilo- metres or less; or
(b) for three hours or more in the case of all intra-Community flights of more than 1 500 kilometres and of all other flights between 1 500 and 3 500 kilometres; or
(c) for four hours or more in the case of all flights not falling under (a) or (b),
passengers shall be offered by the operating air carrier:
(i) the assistance specified in Article 9(1)(a) and 9(2); and
(ii) when the reasonably expected time of departure is at least the day after the time of departure previously announced, the assistance specified in Article 9(1)(b) and 9(1)(c); and

Taken from the regs, full link to regs in Vaubans guide....

batman44

JPears wrote: »

It doesn't. I think you are correct, the 50% reduction ONLY applies if you are re-routed.
Batman, how long was your delay?

3hrs 20mins

Is this anywere in other rulings saying over 3hrs but under 4 hours for this distance?

I don't know where I got it from.

Money supermarket state this as well, or lord Vauban knows i am sure.

How much compensation can I claim?


As with welfare packages, the compensation you’re entitled to is determined by the length of your flight and how long the delay is. The table below outlines the different levels of compensation you can claim following a flight delay.

Length of flight Delay to destination Compensation due Up to 1,500km More than 3 hours €250 1,500km to 3500km More than 3 hours €400 More than 3,500km More than 3 hours but less than 4 hours €300 More than 3,500km More than 4 hours €600

Vauban

JPears wrote: »

It doesn't. I think you are correct, the 50% reduction ONLY applies if you are re-routed.
Batman, how long was your delay?

It's not in the Regs - it's in the subsequent Sturgeon Judgement (which determined - unlike the regs - that a delay can be considered a de facto cancellation if it exceeds three hours).

What Sturgeon said was:

63 It is important to point out that the compensation payable to a passenger under Article 7(1) of Regulation No 261/2004 may be reduced by 50% if the conditions laid down in Article 7(2) of the regulation are met. Even though the latter provision refers only to the case of re-routing of passengers, the Court finds that the reduction in the compensation provided for is dependent solely on the delay to which passengers are subject, so that nothing precludes the application mutatis mutandis of that provision to compensation paid to passengers whose flights are delayed. It follows that the compensation payable to a passenger whose flight is delayed, who reaches his final destination three hours or more after the arrival time originally scheduled, may be reduced by 50%, in accordance with Article 7(2)(c) of Regulation No 261/2004, where the delay is – in the case of a flight not falling under points (a) or (b) of Article 7(2) – less than four hours.

Put simply: if your flight was over 3500km (ie 600 Euros) and you arrived over three but less than four hours late, then the airline only needs to pay you 300 Euros. This 50% reduction only applies to flights of 3500km+ - though Monarch have previously tried to apply it to all categories of flight.

NoviceAngel

batman44 wrote: »

3hrs 20mins

Ohh now you tell us.....:rotfl:

batman44

Vauban wrote: »

It's not in the Regs - it's in the subsequent Sturgeon Judgement (which determined - unlike the regs - that a delay can be considered a de facto cancellation if it exceeds three hours).

What Sturgeon said was:



Put simply: if your flight was over 3500km (ie 600 Euros) and you arrived over three but less than four hours late, then the airline only needs to pay you 300 Euros. This 50% reduction only applies to flights of 3500km+ - though Monarch have previously tried to apply it to all categories of flight.

Once again Vauban to the rescue! I knew I had seen it somewhere, just needed to be sure to put on my claim form to the court.

batman44

NoviceAngel wrote: »

Ohh now you tell us.....:rotfl:

Big one over on the TC thread later! lol:D