As long as you're happy that you'll be able to show the court that you have made every effort to settle out of court then that's fine.
The test will be what is reasonable.
If you have supplied all of the details, and copies of identity and booking confirmation etc in the original letter, then the requirement by Monarch for you to duplicate that information and incur a further 8 week delay is unreasonable IMO.
Being an early claimant, I also got the two page version of the claim form. In fact I thought that would be Monarch's next move, to inform me that i've filled in the 'wrong' claim form, and that I need to fill in the 4 page version.
Seeing as there's NO requirement to fill in their claim form in the first place - this is a civil matter and they don't get to MAKE the rules - I would just go straight to MCOL from there. But they are on the countdown now for me to file so that stage has passed.
I'm pretty sure there would a requirement to at least attempt to claim the compensation before going directly to suing someone over it... A 2 (or 4) page form doesn't seem particularly onerous a task to get hundreds of euros given to you (for what most people would probably view as absurdly ridiculous legislation anyway).
The delays in responding are a completely different matter, but throwing a hissy fit about how they have no legal power to insist you fill out a form makes you look like a drama queen...
I'm pretty sure there would a requirement to at least attempt to claim the compensation before going directly to suing someone over it... A 2 (or 4) page form doesn't seem particularly onerous a task to get hundreds of euros given to you (for what most people would probably view as absurdly ridiculous legislation anyway).
The delays in responding are a completely different matter, but throwing a hissy fit about how they have no legal power to insist you fill out a form makes you look like a drama queen...
You're missing the point callum. I'm not suggesting anyone goes straight to court and doesn't claim sociably first.
I'm saying that a claim has already been made using the template letter from the CAA that gives the airline all of the facts.
4 weeks later Monarch write and say you have to fill in their claim form as they're not accepting the CAA letter.
Which makes things different.
I don't think the legislation is absurd anyway, after spending 10 hours airside in an airport with no info and when there's a strike on in the shops and they are closed, and the airline gives you enough money for a happy meal each, perhaps you'd also feel different.
The point of the legislation is to get airlines to sharpen up their acts and not treat people like cattle.
I apologise for the further inconvenience for having to contact us again regarding your claim for compensation.
As per our previous correspondence I can confirm we are still working through all claims that have been received as quickly as possible. In order to expedite all claims we have introduced weekend working and increased the size of our claims team which, going forward, will speed up the process.
Again I thank you for your continued patience and please be assured we will respond, in full, as soon as possible.
Kind Regards
Stacey Wilson
EU Claims Advisor
Monarch Airlines
Tel: +44 (0) 1582 531712
Email: [email protected]
Hi we just heard about the new ruling , we were delayed, a couple of hours at gatwick (thomas cook) airport to the Dominican republic, then six hours on board the flight on the runway, while they sent for a new part for the plane.. this was 1st Sept 2010 but we don't know the flight number? where can we get this/ someone mention Q&A but i dont know what this is..will we be entitled to copesation with out this info ta
It is still not clear to me whether Monarch intend to process claims, and are just veryslow, or intend to refuse. Either way, it is a very poor service to customers.There must be something more we can do regarding Monarch's current position where they refuse to update/reply to you?
Out of curiosity, I thought I would check out ABTA's website. The following points are included in their Code of Conduct:
ABTA MEMBERS SHALL:
Standard of Service 6A) Maintain a high standard of service toClients.
Disrepute 6B) Not bring ABTA or its membership into disrepute.
Compliance with the Law 6C) Comply with all relevant statutory andregulatory requirements.
Awareness of this Code 6D) Ensure that they and their staff are familiar withthe provisions of this Code of Conduct.
further, members undertake to:
Correspondence with Clients 5B) Deal with all correspondence with Clients aspromptly as possible and, in any event, within the following time limits:
i) an acknowledgement shall be sent not later than 14 days from the date of receipt of correspondence and
ii) detailed reply, or a reply containing a detailed explanation for any delay,shall be sent not later than 28 days from the date of receipt of correspondence.
An ABTA'sboard of Directors is Hugh Morgan... from Monarch and Cosmos Holidays!
What if we all complain to ABTA as Monarch is, in my opinion, in breach of the Code of Conduct? Does anyone think it would help?
You're missing the point callum. I'm not suggesting anyone goes straight to court and doesn't claim sociably first.
I'm saying that a claim has already been made using the template letter from the CAA that gives the airline all of the facts.
4 weeks later Monarch write and say you have to fill in their claim form as they're not accepting the CAA letter.
Which makes things different.
I don't think the legislation is absurd anyway, after spending 10 hours airside in an airport with no info and when there's a strike on in the shops and they are closed, and the airline gives you enough money for a happy meal each, perhaps you'd also feel different.
The point of the legislation is to get airlines to sharpen up their acts and not treat people like cattle.
Sorry I misread that, though I hardly see what the big hassle is with filling out a form in return for hundreds of euros...
Of course it's absurd and no, I wouldn't feel different. To be honest, I personally think it's pathetic to expect hundreds of euros of compensation for a ten hour delay in an airport. I'm not remotely saying I wouldn't claim it, I clearly would, but your attitude comes across as someone who feels they deserve a large sum of compensation for going through such a "horrific ordeal" - which I just cannot see 10 hours waiting in an airport with a "happy meal" as being. Unpleasant yes, but I'm fairly certain the average person could get through it without sustaining mental scarring...
Sorry I misread that, though I hardly see what the big hassle is with filling out a form in return for hundreds of euros...
Of course it's absurd and no, I wouldn't feel different. To be honest, I personally think it's pathetic to expect hundreds of euros of compensation for a ten hour delay in an airport. I'm not remotely saying I wouldn't claim it, I clearly would, but your attitude comes across as someone who feels they deserve a large sum of compensation for going through such a "horrific ordeal" - which I just cannot see 10 hours waiting in an airport with a "happy meal" as being. Unpleasant yes, but I'm fairly certain the average person could get through it without sustaining mental scarring...
It appears EU reg 261/2004 was brought in to encourage airlines to get their act together, but they forgot the necessary enforcement bit, so the airlines consulted their lawyers and realised that they could carry on as normal and put into practice their fob off and get lost approach and if they have to pay out, on the rare occasion, it'll have negligible affect on profits.
The passengers that have had horrendous experiences in the extreme, there are some in these forums viz Tor Air and the like, are the ones that have been seriously let down by the lack of enforcement in the reg.
It appears EU reg 261/2004 was brought in to encourage airlines to get their act together, but they forgot the necessary enforcement bit, so the airlines consulted their lawyers and realised that they could carry on as normal and put into practice their fob off and get lost approach and if they have to pay out, on the rare occasion, it'll have negligible affect on profits.
The passengers that have had horrendous experiences in the extreme, there are some in these forums viz Tor Air and the like, are the ones that have been seriously let down by the lack of enforcement in the reg.
If passengers have had "horrendous experiences" then I can see why they'd be annoyed about being fobbed off for compensation.
Having to sit in an airport for 10 hours however is not remotely "horrendous". As I said, if you're eligible to get it then claim it, but most people on here are acting as if they've been to hell and back because of a delay - something normal people can cope with perfectly fine.
I can see the point of the regulation, but it's been put together dreadfully. Why on earth someone should get given €125 in compensation because their €30 flight from Paris to London was delayed by 2 hours I have no idea.
....Having to sit in an airport for 10 hours however is not remotely "horrendous"...
All depends on circumstances, which we don't have perfect knowledge of. Some have missed funerals of loved ones, some have slept on airport floors overnight etc. Some have been to their own 'hell' and back and that is bad enough for them.
Have you seen the chaos that ensues when a flight is cancelled, particularly late at night?
BTW You don't get compensation for a 2 hour delay.
Replies
The test will be what is reasonable.
If you have supplied all of the details, and copies of identity and booking confirmation etc in the original letter, then the requirement by Monarch for you to duplicate that information and incur a further 8 week delay is unreasonable IMO.
I'm pretty sure there would a requirement to at least attempt to claim the compensation before going directly to suing someone over it... A 2 (or 4) page form doesn't seem particularly onerous a task to get hundreds of euros given to you (for what most people would probably view as absurdly ridiculous legislation anyway).
The delays in responding are a completely different matter, but throwing a hissy fit about how they have no legal power to insist you fill out a form makes you look like a drama queen...
You're missing the point callum. I'm not suggesting anyone goes straight to court and doesn't claim sociably first.
I'm saying that a claim has already been made using the template letter from the CAA that gives the airline all of the facts.
4 weeks later Monarch write and say you have to fill in their claim form as they're not accepting the CAA letter.
Which makes things different.
I don't think the legislation is absurd anyway, after spending 10 hours airside in an airport with no info and when there's a strike on in the shops and they are closed, and the airline gives you enough money for a happy meal each, perhaps you'd also feel different.
The point of the legislation is to get airlines to sharpen up their acts and not treat people like cattle.
Dear Mr Edwards,
Thank you for your email.
I apologise for the further inconvenience for having to contact us again regarding your claim for compensation.
As per our previous correspondence I can confirm we are still working through all claims that have been received as quickly as possible. In order to expedite all claims we have introduced weekend working and increased the size of our claims team which, going forward, will speed up the process.
Again I thank you for your continued patience and please be assured we will respond, in full, as soon as possible.
Kind Regards
Stacey Wilson
EU Claims Advisor
Monarch Airlines
Tel: +44 (0) 1582 531712
Email: [email protected]
What should I do next?
Many Thanks
Out of curiosity, I thought I would check out ABTA's website. The following points are included in their Code of Conduct:
ABTA MEMBERS SHALL:
Standard of Service
6A) Maintain a high standard of service toClients.
Disrepute
6B) Not bring ABTA or its membership into disrepute.
Compliance with the Law
6C) Comply with all relevant statutory andregulatory requirements.
Awareness of this Code
6D) Ensure that they and their staff are familiar withthe provisions of this Code of Conduct.
further, members undertake to:
Correspondence with Clients
5B) Deal with all correspondence with Clients aspromptly as possible and, in any event, within the following time limits:
i) an acknowledgement shall be sent not later than 14 days from the date of receipt of correspondence and
ii) detailed reply, or a reply containing a detailed explanation for any delay,shall be sent not later than
28 days from the date of receipt of correspondence.
An ABTA'sboard of Directors is Hugh Morgan... from Monarch and Cosmos Holidays!
What if we all complain to ABTA as Monarch is, in my opinion, in breach of the Code of Conduct? Does anyone think it would help?
Sorry I misread that, though I hardly see what the big hassle is with filling out a form in return for hundreds of euros...
Of course it's absurd and no, I wouldn't feel different. To be honest, I personally think it's pathetic to expect hundreds of euros of compensation for a ten hour delay in an airport. I'm not remotely saying I wouldn't claim it, I clearly would, but your attitude comes across as someone who feels they deserve a large sum of compensation for going through such a "horrific ordeal" - which I just cannot see 10 hours waiting in an airport with a "happy meal" as being. Unpleasant yes, but I'm fairly certain the average person could get through it without sustaining mental scarring...
It appears EU reg 261/2004 was brought in to encourage airlines to get their act together, but they forgot the necessary enforcement bit, so the airlines consulted their lawyers and realised that they could carry on as normal and put into practice their fob off and get lost approach and if they have to pay out, on the rare occasion, it'll have negligible affect on profits.
The passengers that have had horrendous experiences in the extreme, there are some in these forums viz Tor Air and the like, are the ones that have been seriously let down by the lack of enforcement in the reg.
If passengers have had "horrendous experiences" then I can see why they'd be annoyed about being fobbed off for compensation.
Having to sit in an airport for 10 hours however is not remotely "horrendous". As I said, if you're eligible to get it then claim it, but most people on here are acting as if they've been to hell and back because of a delay - something normal people can cope with perfectly fine.
I can see the point of the regulation, but it's been put together dreadfully. Why on earth someone should get given €125 in compensation because their €30 flight from Paris to London was delayed by 2 hours I have no idea.
All depends on circumstances, which we don't have perfect knowledge of. Some have missed funerals of loved ones, some have slept on airport floors overnight etc. Some have been to their own 'hell' and back and that is bad enough for them.
Have you seen the chaos that ensues when a flight is cancelled, particularly late at night?
BTW You don't get compensation for a 2 hour delay.