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

pescmy

Hi all,

I applied via the monarch claim form on 6/1/13 & I got the reply below today. Can anybody advise what action I should take now? Thanks

The flight was delayed for 11 hours so I am claiming for myself and my partner.

Re: MON305 Manchester to Sanford 09TH June 2012

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 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. Extraordinary circumstances have been defined by the courts and the European Regulations themselves provide a non-exhaustive list of which circumstances can indeed be categorised as extraordinary.

Our records show that the aircraft scheduled to operate your flight was grounded due to the number 1 engine suffering from high pressure vibration. Engineers carried out an inspection of the engine and found metallic dust debris in the Exhaust Nozzle, this was then sent for analysis and during this time further investigation including an engine boroscope inspection was necessary. As soon as investigations were concluded and aircraft was declared serviceable the aircraft was able to depart.

It was unfortunate that in spite of exploring all conceivable options, there was no availability within our own fleet to transfer your flight to another Monarch aircraft, or indeed to transfer passengers to an aircraft chartered from a third party operator. As a consequence, the flight departed at the earliest opportunity as soon as an aircraft became available.

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.

Please do not hesitate to contact us if we can provide any further assistance or information.

Yours sincerely,

111KAB

Pescmy - up to you really. Read through the thread ~ if you feel confident enough to go to Court yourself do so - if not and you are prepared to part with around 25% of your entitlement then go via a no win/no fee firm. Either way - GOOD LUCK!

Makela2009

Mark2spark wrote: »

Possibly it was a different plane scheduled for you then, as our flight was due to arrive at 12.40, some 2 hrs 45 mins before yours - IMO that's too long a turn around time. Our delay was 6 hours but they made up half hour approx in the air due to allowing 2 and a half hour flight time for a 2 hour flight, so 5 and a half hours in all.

However, all is not lost. Monarch have conceded to you in writing that it was a tech issue that caused your delay. I wouldn't mess around much longer, no need to involve the CAA either IMO, you have it in writing that it was a tech issue, and that supplying another plane - something within their control - was also not met within time.

Hi
just spotted this. My own flight was due to depart Malage at 9pm 7-10, and was actually delayed 10 hours. As far as i am aware there were three Monarch flights Uk bound which were delayed on 7th october. Is there any way of checking this?

I have received the usual EC response from Monarch this week - to be fair they only took a week to respond to my email. They site the issue as a flight deck seat track fault. Any idea what they're on about?

thanks:beer:

TomLikesSausages

If Monarch Airlines claim extraordinary circumstances to our claim,- which we think reading other post is very likely,- is there a time limit for when you have to advise them/initiated Court proceedings. We would wish to try the CAA course before taking the matter to Court but believe they have a backlog of up to 3 months.

Makela2009

Malaga to Manchester scheduled time 19:05 7th October 2012

Flight ZB661

10hr delay

Reason flight deck seat track replacement


:beer:

111KAB

TomLikesSausages wrote: »

If Monarch Airlines claim extraordinary circumstances to our claim,- which we think reading other post is very likely,- is there a time limit for when you have to advise them/initiated Court proceedings. We would wish to try the CAA course before taking the matter to Court but believe they have a backlog of up to 3 months.

Even if the CAA agree with your position this will not alter things - they cannot force Monarch to pay you. The only way you can make Monarch pay up is to take them to Court, possibly armed with the CAA comment. You have six years from the date of delay to submit a Court claim.

harry911

mark2spark wrote: »

known flights that monarch have agreed compensation on:
zb227 pmi - lgw 07/10/12 payment received
zb3566 luton - fiumicino 07/10/12 payment received

flights denied for ec's
mon3693 20/9/2011 mombassa-gatwick ruptured start duct in the number one engine
zb743 malaga - gatwick 7/10/12 - no2 c-duct engine fault and fan cowl delaminated. Replacement from memphis.
Zb655 malaga -manchester 4/11/12 nose landing gear fault
zb743 malaga - gatwick 14/7/12 - nose landing gear fault
zb743 malaga -gatwick 15/07/12 engine prob on previous flight
zb743 malaga - gatwick 28/7/12 - air bleed leak on previous flight with crew out of hours knock on ec
zb685 sharm el sheikh - manchester 29/09/12 wing flap hinge pin sheared off
mon1484 gatwick-dalaman 17/09/12 wet lease recall & first officer called in sick
zb248 gatwick -sharm el sheik 8/4/12 cracked windscreen needed replacing
zb249 sharm - gatwick 08/04/12 cracked windscreen
mon5028 manchester to zakynthos 31/05/12 cracked windscreen
mon329, lgw - sanford 8/05/10 cracked windscreen
zb742 gatwick - malaga 07/10/12 engine duct fault, replacement shipped from tennessee
zb252 gatwick - alicante 2/06/12 steering and brakes tech issue on previous flight and crew out of hours so plane in egypt overnight knock on ec
zb581 faro - manchester 3/11/12 previous flight tech issue, divert to dalaman
zb959 pmi - bhx 03&04/07/12 hydraulic pipe failure
zb3566 luton - rome on 3/04/12 fuel valve fault
zb217 faro - gatwick 20/08/12 previous flight emergency floor lights knock on ec
zb534 manchester - palma 30/09/12, problem with previous flight zb685 from sharm el sheikh (wing flap hinge sheared off) knock on ec
mon2018 gatwick - male 19/04/09 digital engine control fault, previous flight knock on ec
zb3566 luton-rome 03/04/12.....previous flight fuel valve fault knock on ec
mon7909 corfu - lgw 20/09/10 ec: Faulty wiring in nose wheel
mon5953 corfu - gatwick 26/07/08 previous flight split bleed duct knock on ec
mon5643 pvk - man 26/8/12 previous flight fluid leak from aileron knock on ec
mon5765 sharm - lgw 08/07/10 throttle jammed, replace cable
mon303 man - sanford 15/6/2012 computer replaced and headwinds on previous flight knock on ec
zb533 palma - man 07/08/12 wheel nut problem
mon1875 lesbos - man 01/06/12 on board computer problem

zb970 bhx to malaga refused payment

harry911

harry911 wrote: »

zb970 bhx to malaga refused payment

as any body been offered payment for this flight

111KAB

harry911 wrote: »

as any body been offered payment for this flight

Date and reason for refusal (EC) would assist.

NF_ponies

:mad:
Having submitted a claim with Monarch in November by email using their forms we have received a letter today refusing the claim due to - guess what - exceptional circumstances. The letter states that" the aircraft scheduled to operate your flight suffered a fuel leak and was grounded for safety reasons.Engineers immediately attended the aircraft & began the necessary remedial work.It was unfortunate that despite Monarch's best efforts we were unable to transfer passengers on your flight to an aircraft chartered from a third party carrier or to transfer passengers to an alternate aircraft from within the Monarch fleet, as would be our aim in circumstance such as this. Unfortunately these events led to a delay in the scheduled departure time of your flight, which operated at the earliest opportunity on the original airraft once it was declared serviceable". The letter also says that the "European Regulations themselves provide a non-exhaustive list of which circumstances can indeed be categorised as extraordinary". Our understanding from what we were told and observed at Malaga at the time was that the problem was actually with the incoming flight from the UK - it is hard to check this now. Was anyone delayed on ZB012 on this date? Now we need to decide what to do next.
By the way,thanks to everyone who has been working hard on this forum. Really good advice and info.