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

Tyzap

Vauban wrote: »

I agree that it is an outrageous state of affairs - and am slightly surprised that the courts don't impose a greater sanction for when airlines are trying to defend the manifestly indefensible.

The other option I suppose is to encourage the greater use of ADRs. I have just seen another user post a link to AviationADR - who seem to cover a number of airlines (including Monarch who joined last week, apparently), and have a degree of CAA endorsement. I wonder if they deal with matters fairly, and if so whether they can induce the airlines to pay up?

The problem being that AviationADR rule 11 says they can fine the none compliant airline £100. When, say a claim to the value of £2 or 3k is at stake the airline will follow the route of least resistance. It's just not enough of a deterrent. £100 is nothing for them to risk, if it avoids paying out just a couple of £2 or 3k claims.

The best option in the short term, imo, is for the courts to impose 8% interest on each and every case and award other consequential losses to the claimant too. If it hurts the airlines they will, maybe, start to comply with the regulation and/or the results of ADR.

The long term answer tho lies with the CAA and the ECJ.

JPears

silversue wrote: »

I didn't know that Glentoran99, thanks for the info. Vauban, yes - 8%, it's what I asked for in my claim. I didn't realise the judges could vary it but I will hang on for my day in Court nevertheless.

Any idea what is meant by "upon the County Court at Liverpool not having judicial capacity to deal with all issues in airline delay cases beyond case management where there is no other nexus to Liverpool"?

silversue - have you contacted Monarch to "negotiate" any interest payable? If you have and they won't budge or reply, that will stand you in better position if it goes to court.

silversue_2

Hi JPears

No, I haven't done that but thanks for mentioning it.

djpaulc247

Monarch are saying I am not entitled to compensation as I chose not to take the flight and booked an alternative flight home the next day. Is this right?

The initial Monarch flight was delayed by around six hours arriving into Manchester and my alternative flight was the next day so either way, I was delayed on arrival by more than three hours.

Tyzap

djpaulc247 wrote: »

Monarch are saying I am not entitled to compensation as I chose not to take the flight and booked an alternative flight home the next day. Is this right?

The initial Monarch flight was delayed by around six hours arriving into Manchester and my alternative flight was the next day so either way, I was delayed on arrival by more than three hours.

Hi djpaulc,

This is what the interpretative guidelines say about a delay.
3.3. Delay
3.3.1. Delay at departure
Under Article 6(1) of the Regulation, where the departure of a flight is delayed, passengers affected by this delay have the right to ‘care’ according to Article 9, and to reimbursement and a return flight according to Article 8(1)(a). The underlying principle of Article 6(1) is that the rights depend on the duration of the delay and the distance of the flight. In this regard, it should be noted that right to re-routing as laid down under Article 8(1)(b) is not covered under Article 6(1) as it can be considered that the air carrier is trying in a first place to address the cause of the delay in order to minimise the inconvenience to the passengers.

Article 8
Right to reimbursement or re-routing
1. Where reference is made to this Article, passengers shall be offered the choice between:
(a) — reimbursement within seven days, by the means provided for in Article 7(3), of the full cost of the ticket at the price at which it was bought, for the part or parts of the journey not made, and for the part or parts already made if the flight is no longer serving any purpose in relation to the passenger's original travel plan, together with, when relevant,
— a return flight to the first point of departure, at the earliest opportunity;

Good luck.

JPears

bumped to tidy board

silversue_2

WON!!!

Finally .......settled, banked and cleared!!! Wahoo!

Thank you SO much to Vauban, 111KAB, J Pears, Legal Magpie, Mark2spark, Tyzap and this site for the invaluable advice and assistance.

Winning is sweet. I am very grateful.

Tyzap

silversue wrote: »

WON!!!

Finally .......settled, banked and cleared!!! Wahoo!

Thank you SO much to Vauban, 111KAB, J Pears, Legal Magpie, Mark2spark, Tyzap and this site for the invaluable advice and assistance.

Winning is sweet. I am very grateful.

Well done silversue, I never doubted you:beer:

Please give us a summary of how it finalised when you can.

JPears

Well done. Did you get any interest?
Enjoy.

silversue_2

yes, got interest but gave them a discount