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

Monster59

MON1473 Chania - Gatwick 11/09/12 Previous flight fuel level indicator failure (998)

Flight compensation now received through Bott & Co on this flight!

magandy

ZB228 LGW-PMI 26/07/2013
Has anyone been paid compensation on the above flight from Gatwick to Palma Majorca.
My son put his claim in July 2014 and just keeps getting the standard deferral email from them every six weeks. Any advice welcomed.

NoviceAngel

magandy wrote: »

ZB228 LGW-PMI 26/07/2013
Has anyone been paid compensation on the above flight from Gatwick to Palma Majorca.
My son put his claim in July 2014 and just keeps getting the standard deferral email from them every six weeks. Any advice welcomed.

Please see this post
http://forums.moneysavingexpert.com/showpost.php?p=68251074&postcount=4462

JonasLane2014

Monarch have today come back with the following response to a claim we made for a five + hour delay to Dubrovnik last year. Summary of original complaint made in writing.
• Having arrived at the airport at 4.15 am to allow for check-in times for a 6.40am departure time, did not fly until 11.47am.
• Advised initially that flight delayed until 8.40am. Subsequently re-advised that flight then delayed until 11.40am meaning
• Flight delayed in total by 5 hours 7 minutes from original departure time leaving the runway at Manchester airport at 11.47am meaning that compensation is due under Regulation (EC) 261/2004 for flights between 930 and 1,860 miles. As per the regulation “when the delay is five hours or longer, passengers may opt for reimbursement of the full cost of the ticket… “
• Although given meal vouchers, compensation still required as we had been in the airport for over seven and a half hours, impacting dramatically on first day of a 7 day holiday.
• As per Regulation (EC) 261/2004 requires airlines compensate passengers if their flight is cancelled or heavily delayed. They must also offer you meals, refreshments and hotel accommodation as appropriate whilst you wait for a
• No notification until ten minutes before due original departure time by any announcement or Monarch staff.
• Girl at desk had no idea of delays, only realised a problem when partner informed her.
Long story short. Faulty part initially caused delay, but a replacement was not available at Manchester airport, so they requested a replacement from Gatwick, that was subsequently delayed en route to Manchester, they have replied this morning in this manner. Please help as I believe that we have further reddress but do not know how to proceed next.

Dear Mr Jones, Mrs Mason and Miss Mason,

Re: Flight ZB1354 Manchester to Dubrovnik on 26th July 2014

Further to your claim for delay compensation, we are writing to advise the outcome of our investigation into your case.

Monarch Airlines aims as its first priority to provide its passengers with a safe and efficient service. We are sorry for the delay you experienced that has led to your claim for compensation. We would like to reassure you that every reasonable effort is made to ensure that our 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.

As previously advised, in some circumstances passengers may be entitled to compensation for delay arising from 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. The Civil Aviation Authority and European National Enforcement Bodies have published guidelines regarding what can and cannot be considered as extraordinary circumstances and we base our decision on these guidelines.

Our records show that the aircraft scheduled to operate your flight was discovered to be suffering with a technical fault whereby the flight deck’s oxygen repeatedly depleted. Aircraft are not permitted to operate without flight deck crew having a sufficient and functional oxygen supply and therefore the aircraft was declared unserviceable requiring an oxygen bottle change.

Following your flight the original oxygen bottle was returned to the manufacturer for analysis and it was identified that the depletion was caused by an internal leak. This is clearly a hidden manufacturing defect and completely beyond our control.

Having considered the factual background of this case in accordance with the published guidelines and applicable case law, we are satisfied that the disruption 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.

All flight delays are fully documented in accordance with the requirements of our regulator and the relevant legislation in place. Please note that this documentation cannot be disclosed to passengers nonetheless we actively supply this to the Civil Aviation Authority and National Enforcement Bodies upon request.

Please note that the contents of this letter and the circumstances surrounding your delay are strictly confidential.


Yours sincerely

Clare Daniels
EU Claim Advisor
Monarch Airlines Ltd
01582 531712

legal_magpie

Jonas, we've all read this guff before. They are blinding you with useless verbiage in the hope that you will go away. Suggestions:
1. Read and study Vauban's guide
2. Send them a notice before action
3. Sue them, either on your own or via a solicitor.

swanlake83

Advice required pls - we had an 8hr delay from gatwick to sharm 21/08/2008 I initially complained to monarch April 2013 well within the six year deadline, it included all evidence I could possible need and more and this was their response -

'Our records show that the aircraft that was originally scheduled to operate your flight had to return to stand following departure, due to the number one engine bleed valve failing to open during engine start up. Engineers attended and declared the aircraft unserviceable and unsafe to operate until the bleed valve could be replaced.

As a consequence, your departure was unavoidably delayed, however, in order to reduce the delay and minimise disruption, we transferred passengers to the first available aircraft from within our fleet. Your flight departed at the earliest opportunity once the replacement aircraft had completed its previous flying commitments.

Having considered the factual background of this case, we are satisfied that the disruption 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'

Now this was not the case as the doors didn't close and we did not taxi away anywhere - my response to their refusal echoed this also!
I referred it to the Caa and was given a ref number also, monarch emailed me in the October of 2013 again advising that they have reviewed it again after the Caa asked them too and still don't feel that I'm due any compensation for myself, husband and child from the delay.

I cannot seem to find this flight on any of the lists at the beginning of this forum but would be very keen to speak to someone who also was on this flight and see if they have had similar or different contact with monarch !
I waited again until the ruling appeal and even the Caa emailed me advising that airlines had been ordered to reopen previously closed/refused cases - so again emailed monarch several times since then with the auto reply receipt emails but no word back from them what so ever, I have also tried this with Caa, and phoned them, everyone is busy very backlogged promise a return call but it never happens !

It's like they all ignore me - I would like to pursue legal action in a small claims court but am unsure if I am able too as the 6 yrs has now passed but I feel that I should have that option as I had submitted the claim well within the period and it's been out of my hands that the airline has refused to acknowledge me let alone resolve it, it's as if they have purposely left my contact due to the year of incident being near, on, past the deadline now thats no fault of my own ???
Can anyone pls advise what my options could be it would be most appreciated, I know each case of different with varied scenarios but I'm fed up with being fobbed off

Many thanks
S

Grumpelstiltskin

Swanlake August 2008? You are out of time. You should have issued court proceedings before the 6 year time limit was up.

missLB82

Hi, I am trying to find historic flight information for delayed Monarch Flight. Can anyone help PLEASE?

Kuoni tell me that the flight was MON6525 delayed by 24 hours until 23/03/2010 from Mombasa to Manchester.

Monarch are claiming that the flight details are incorrect so "will not process [my] claim form". I must "resubmit with the correct information".

I know that I sat in an airport for a very long time and then had to go to another hotel overnight for 24 hours and I missed a day off work!

Any help very gratefully accepted.

Thanks

swanlake83

Grumpelstiltskin wrote: »

Swanlake August 2008? You are out of time. You should have issued court proceedings before the 6 year time limit was up.

Hi thanks for responding, I was told by monarch in emails that they couldn't re asses my claim after I sent a further email to them when jet2 was ruled in passengers favour until the appeal was heard - this was all within the 6 year timeframe and advised it was put on hold again with them!

I've just called monarch again and managed to speak to someone who said he will email me later after looking into it but confirmed that the claim is still open but couldn't give me a reason why no one had responded to my attempts to contact them even though I have proof they were delivered from the auto reply emails they sent as receipt

I honestly feel like they are playing the game to avoid as many payouts as possible :-(

NoviceAngel

missLB82 wrote: »

Hi, I am trying to find historic flight information for delayed Monarch Flight. Can anyone help PLEASE?

Kuoni tell me that the flight was MON6525 delayed by 24 hours until 23/03/2010 from Mombasa to Manchester.

Monarch are claiming that the flight details are incorrect so "will not process [my] claim form". I must "resubmit with the correct information".

I know that I sat in an airport for a very long time and then had to go to another hotel overnight for 24 hours and I missed a day off work!

Any help very gratefully accepted.

Thanks

You should start by reading Vaubans excellent guide.