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

batman44

Anyone pick this up?
Quote Monarch defence,
7.
[FONT=&quot]Paragraph 15 of the Preamble under the Regulation, in the context of a delay or cancellation, extraordinary circumstances should be deemed to exist where an event gives rise to the delay or cancellation 'of one or more flights by an aircraft' even though all reasonable measures had been taken to avoid the delay or cancellation.[/FONT]

It actually says

Para 15, reg 261/2004 preamble

Extraordinary circumstances should be deemed to exist
where the impact of an air traffic management decision
in relation to a particular aircraft on a particular day
gives rise to a long delay, an overnight delay, or the
cancellation of one or more flights by that aircraft, even
though all reasonable measures had been taken by the
air carrier concerned to avoid the delays or cancellations

Am I correct?

This just show how they re word the regs and twist it! Shame Monarch.

batman44

Tyzap wrote: »

IMO point 20 should not still be in that list, but lets face it, that list is now also out of date and in need of updating as bird strikes are still in there too.

Your right bud but it is not legal and No20 actually says "In Flight FOD" so that only means a bird? Oh a flying bolt or a UFO!

Tyzap

batman44 wrote: »

Your right bud but it is not legal and No20 actually says "In Flight FOD" so that only means a bird? Oh a flying bolt or a UFO!

Well does it??

17 Bird-strikes
Bird-strikes to the aircraft during a flight which might cause damage which requires immediate compulsory checks and possible repair.

18 Manufacturing Defects
Discovery of a hidden manufacturing defect by the air carrier (this is often noted by unusual failure of the same aircraft part).

19 Unexpected flight safety shortcomings
Removed following the European court decision in Sandy Siewert v Condor (English translation of the court Order available here)


20 Unexpected flight safety shortcomings
In-flight damage to the aircraft during the preceding flight, caused by a foreign-object, and which requires immediate assessment and/or repair.
Version May 2015


Can anyone come up with a scenario that would fit No20?

batman44

Tyzap wrote: »

Well does it??

17 Bird-strikes
Bird-strikes to the aircraft during a flight which might cause damage which requires immediate compulsory checks and possible repair.

18 Manufacturing Defects
Discovery of a hidden manufacturing defect by the air carrier (this is often noted by unusual failure of the same aircraft part).

19 Unexpected flight safety shortcomings
Removed following the European court decision in Sandy Siewert v Condor (English translation of the court Order available here)


20 Unexpected flight safety shortcomings
In-flight damage to the aircraft during the preceding flight, caused by a foreign-object, and which requires immediate assessment and/or repair.
Version May 2015


Can anyone come up with a scenario that would fit No20?

20. As I said bud - The kill wording (In-flight) A bird, A flying Bolt that found it's way in the wheel compartment in the air lol, A UFO! It does not say on the ground damage.

JPears

And in your case, it wasn't the preceding flight, it was the one before that, wasn't it?

batman44

JPears wrote: »

And in your case, it wasn't the preceding flight, it was the one before that, wasn't it?

That's correct bud.

batman44

batman44 wrote: »

Anyone pick this up?
Quote Monarch defence,
7.
[FONT=&quot]Paragraph 15 of the Preamble under the Regulation, in the context of a delay or cancellation, extraordinary circumstances should be deemed to exist where an event gives rise to the delay or cancellation 'of one or more flights by an aircraft' even though all reasonable measures had been taken to avoid the delay or cancellation.[/FONT]

It actually says

Para 15, reg 261/2004 preamble

Extraordinary circumstances should be deemed to exist
where the impact of an air traffic management decision
in relation to a particular aircraft on a particular day
gives rise to a long delay, an overnight delay, or the
cancellation of one or more flights by that aircraft, even
though all reasonable measures had been taken by the
air carrier concerned to avoid the delays or cancellations

Am I correct?

This just show how they re word the regs and twist it! Shame Monarch.

Can someone just confirm this for me please, just to make sure my eyes are not fooling me and I am looking at the right preamble to the regs.

gilybob

So,I got this ages ago.
Am I done or only option now is take them to court ?

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 have sustained damage prior to departure of a previous flight sector. In particular, during the walk-around inspection of the aircraft the flight crew reported a screw was embedded in the Number 3 wheel of the aircraft. It was essential that the screw was removed from the Wheel and the Foreign Object Debris (“FOD”) was inspected. A locally contracted engineer investigated and confirmed that the wheel required replacement due to the FOD. We can confirm that damage caused by FOD can occur at any time and cannot be predicted or avoided and therefore the main wheel damage was 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.

111KAB

gilybob - valid claim. About time Monarch carried a spare! Court via DIY or NWNF after reading Vauban's Guide.

batman44

gilybob wrote: »

So,I got this ages ago.
Am I done or only option now is take them to court ?

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 have sustained damage prior to departure of a previous flight sector. In particular, during the walk-around inspection of the aircraft the flight crew reported a screw was embedded in the Number 3 wheel of the aircraft. It was essential that the screw was removed from the Wheel and the Foreign Object Debris (“FOD”) was inspected. A locally contracted engineer investigated and confirmed that the wheel required replacement due to the FOD. We can confirm that damage caused by FOD can occur at any time and cannot be predicted or avoided and therefore the main wheel damage was 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.

They are having a lot of this of late, just take alook at my posts over the last few pages. Same issue as yours.