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

Vauban

glentoran99 wrote: »

Your right it's not necessary to go through them, however you are incorrect regarding using the UK CAA for a Spanish departure

It doesn't affect your right to prosecute but that wasn't in dispute it was whether the CAA where correct in refusing to help for a Spanish departure

http://ec.europa.eu/transport/themes/passengers/maritime/doc/2010_1177_national_enforcement_bodies.pdf

The competent NEB is the NEB of the EU country of departure except when the service departs from a third country. Then, the NEB of the EU country of arrival is competent.

This is correct. I suppose the only situation in which the UK CAA might legitimately have a locus is if the delay occurred on the preceding leg, which was a flight out of the UK. (That was the case with my Monarch claim, where the plane was delayed in Gatwick).

But as the CAA are pretty hopeless, this is a bit of a moot point!

theboylard

Monarch Flight ZB935 Tenerife to Birmingham, 11.20 to 15.30 abandoned after technical fault with starboard engine. It wasn't spoolling up properly.

This happened after sitting at end of runway for 30 mins.
It's a valve thingy, spare being flown from Gatwick, due in around 22.00.

Quickly organised bus transfer and hotel accommodation, food etc. although poor comms in airport so lots of folk with problems.

Otherwise info is sparse at the moment, but we think we'll be leaving hotel after 22.00 back to airport.

NoviceAngel

glentoran99 wrote: »

Your right it's not necessary to go through them, however you are incorrect regarding using the UK CAA for a Spanish departure

I always found it quite strange how flying with Jet2.com from LBA to TFS (Leeds to Tenerife) is within the CAA's remit but the incoming flight (TFS to LBA) is not!

However, I have found the AESA infinity more helpful than our own CAA. Like PtLV has already spoken, CAA=Useless AESA=No Jurisdiction .......

Take your pick, You can't win only the NBA and N1 will get you what you are rightly due...

Cheers,

NoviceAngel

magandy

Flight Details: MON8486/ZB228 LGW-PMI 26/07/2013

My son received an email from Monarch today, confirming that he and his family will be receiving compensation for the delay to the above flight, cheques should arrive within 28 days :beer:


Thank you to Martin for setting up this site and to all who contribute with their help and advice.:T


To those still fighting or waiting to hear, keep the faith!

Pablo_Murphy

MON3975 on 23/08/2011 - Heraklion to Manchester

Above flight paid out. I tried myself but got Bott & Co and the matter was resolved painlessly within weeks. Original fault was a hydraulic failure with a 15 hour delay.

stillers77

ZB7293 on 12th May 2013 from Dubrovnik to Gatwick

Flight was delayed 19 hours overnight (although we received accomodation, food etc.).

Today my wife and I received cheques for the above flights. Applied on the 18th of March and didn't hear anything back.

I sent one chase email with no reply so had given up hope. Nice to have a resolution.

prawnsalad

Hi

Would someone be good enough to advise what the chances of taking this further might be and if so how?

Flight ZB492 Birmingham to Alicante 19th August 2013


Our records show that the aircraft scheduled to operate your flight suffered a fault with the electronic engine computer (EEC) and was subsequently grounded for safety reasons. Consequently the aircraft could not operate until the fault could be traced and rectified. Despite our best efforts we were unable transfer your flight to an aircraft within the Monarch fleet, consequently this led to an unavoidable delay to the departure of your flight.

We can the EEC which failed on this occasion had only accumulated 24 flight hours since installation to the aircraft on the 17th August 2013. We can therefore confirm that such a premature failure can only have been caused by a hidden manufacturing defect of the component otherwise the part would not have failed so early into its life. Accordingly, this was beyond our control and was, in fact, a hidden manufacturing defect.

Having considered the factual background of this case in accordance with the published guidelines, 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.

Many Thanks.

Tyzap

prawnsalad wrote: »

Hi

Would someone be good enough to advise what the chances of taking this further might be and if so how?

Flight ZB492 Birmingham to Alicante 19th August 2013


Our records show that the aircraft scheduled to operate your flight suffered a fault with the electronic engine computer (EEC) and was subsequently grounded for safety reasons. Consequently the aircraft could not operate until the fault could be traced and rectified. Despite our best efforts we were unable transfer your flight to an aircraft within the Monarch fleet, consequently this led to an unavoidable delay to the departure of your flight.

We can the EEC which failed on this occasion had only accumulated 24 flight hours since installation to the aircraft on the 17th August 2013. We can therefore confirm that such a premature failure can only have been caused by a hidden manufacturing defect of the component otherwise the part would not have failed so early into its life. Accordingly, this was beyond our control and was, in fact, a hidden manufacturing defect.

Having considered the factual background of this case in accordance with the published guidelines, 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.

Many Thanks.

Hi,

You have a valid claim as a technical fault/breakdown is not accepted by the courts as an extraordinary circumstance.

Follow the great advice in Vaubans guide and issue an LBA/NBA to get the ball rolling.

Good luck.

NoviceAngel

stillers77 wrote: »

......Today my wife and I received cheques for the above flights. Applied on the 18th of March and didn't hear anything back.

I sent one chase email with no reply so had given up hope. Nice to have a resolution.

If you were to give up at the first hurdle then the airlines win, just battle on and if necessary commence legal action, it's not beyond most!

Well done your wife....

fubar4164

Hi there

Can anyone tell me how to find the judgement for Blake v Easyjet on current exchange rates please? I'm putting together my bundle and since the delay was from 2010, I want to try and ensure that I'm not disadvantaged by FOREX movements.

Thanks