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

Quicklearner

Hello All

I was on flight MON349 Gatwick to Sanford Airport Florida on 30/07/2009. This flight was subject (as I recall)to a 5 hour delay. I have today received written correspondence from Monarch who have not accepted our claim. They state as follows:
"Our records show that the aircraft originally scheduled to operate your flight became unserviceable after suffering a fault with the Ground Power Control Unit. Despite our best efforts this led to a delay in the scheduled departure time of your flight. In order to reduce the length of your delay and minimise the disruption caused, passengers on your flight were transferred to the first available aircraft from within our fleet. Having considered the factual background of this incident, we are satisfied that the disruption in your case 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".

Can anyone clarify if their reasons stated fall within extraordinary circumstances? If not should we pursue this and any ideas on next letter wording?

Thank you

blondmark

NikA wrote: »

Hi all - my wife and I were delayed last July.

MON1484
Gatwick to Dalaman
9th July 2012.

There was a fault with the plane and it took 9 hours for them to provide a replacement. We lost the first afternoon / evening of our holiday, arriving in Turkey at midnight instead of 3pm.

I filed my claim last October and have finally heard back with a letter today. Monarch claim the delay was caused by a left wing bleed leak which left the plane unserviceable according to safety engineers. They claim this can be considered extraordinary circumstances and have stated we will receive no compensation.

Thanks to everyone who has contributed to this thread - seems like 99.9% of us are getting the same response. I'll now decide whether to pursue my claim legally. I have been in contact with the CAA throughout and so will wait to hear from them first.

As you probably know, technical problems do not constitute extraordinary circumstances (Frederike Wallentin-Hermann v Alitalia – Linee Aeree Italiane SpA) and the airline is expected to have a spare plane on hand to avoid such delays (Xa ZR 15/10).

The CAA will only serve to delay your claim, but of course you have six years so it won't do any harm either.

blondmark

Quicklearner wrote: »

Hello All

I was on flight MON349 Gatwick to Sanford Airport Florida on 30/07/2009. This flight was subject (as I recall)to a 5 hour delay. I have today received written correspondence from Monarch who have not accepted our claim. They state as follows:
"Our records show that the aircraft originally scheduled to operate your flight became unserviceable after suffering a fault with the Ground Power Control Unit. Despite our best efforts this led to a delay in the scheduled departure time of your flight. In order to reduce the length of your delay and minimise the disruption caused, passengers on your flight were transferred to the first available aircraft from within our fleet. Having considered the factual background of this incident, we are satisfied that the disruption in your case 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".

Can anyone clarify if their reasons stated fall within extraordinary circumstances? If not should we pursue this and any ideas on next letter wording?

Thank you

Technical problems do not constitute extraordinary circumstances (Frederike Wallentin-Hermann v Alitalia – Linee Aeree Italiane SpA) and the airline is expected to have a spare plane on hand within 3 hours to avoid such delays (Xa ZR 15/10).

You should give them 14 days to agree your compensation and then sue.

mrsboss

I have just had a successful claim from Easyjet for 1200 euros! I also had a delayed flight by Monarch a few years ago -in fact dating back to 2006. I do not have the flight number -is there anyway I can find it? Can I still make a claim? Thanks

Caz3121

mrsboss wrote: »

I have just had a successful claim from Easyjet for 1200 euros! I also had a delayed flight by Monarch a few years ago -in fact dating back to 2006. I do not have the flight number -is there anyway I can find it? Can I still make a claim? Thanks

As per the FAQs, the small courts deadline is 6 years so you are out of time

golfovividor

Hi again,

I've got one quick question, after receiving the response from Monarch claiming extraordinary circumstances, do I need to send another NBA letter or the next step is to file a MCOL?

Thanks in advance

afish51

Hi

Another one to add to the list of refused flights:

MON326 Sanford to Gatwick - 21/08/12. Reason provided by Monarch was that "this flight developed a hydraulic leak from the right hand main landing gear bay which rendered the aircraft unserviceable and unsafe to operate". Quite extraordinary!!

The flight was delayed by 8 hours and upon arrival at Gatwick we were given a letter stating that the delay was caused by a "technical fault".

Off to the courts next.

lancs_ms

I was interested to read the following on flight-delayed.co.uk:

Passenger rights in flight delays to be expanded

Wednesday 20 February 2013

Brussels - Air passengers may very well soon receive additional
rights in filing for compensation when they have experienced flight delays or
cancellations. This is included in a confidential report that will be presented
to the European Ministers of Transport this spring.

Regulation 261/2004 will possibly be revised in the months to come. This law
protects passengers when their flight has been cancelled or overbooked. Air
passengers can claim for compensation of 250, 400 or 600 euros if one of either
occurs. As of October 2012, flight delays are also included in the legislation,
where previously, only flight cancellations entitled passengers to compensation.


The proposal will contain an amendment that will state that delays of over
five hours legally entitle passengers to compensation, and possibly also to a
refund of their ticket. The second important revision within the new regulations
is that technical errors will mostly not be considered to be force majeure
anymore. Airlines often try to evade paying compensation by invoking 'force
majeure', which means mysterious 'technical errors' have been blamed for a
disproportionate amount of delays in the past years. The revision will put an
end to that. The new legislation will also include missed connections due to a
delay of a previous flight. The European Court of Justice delivered a verdict on
this issue last October. However: the decision is not yet being enforced by all
courts and enforcement authorities throughout Europe. The item will now be added
to the revision of Regulation 261/2004.

Where will this leave Monarch and their pathetic 'technical difficulties' excuse, and will it apply retrospectively?

Marguerite0008

Hi

ZB519 Barcelona to Manchester

My partner and I both filled out the four page claim form and gave Monarch thee months (from Jan 2013) to respond. I received five separate copies of the same letter in the post today. All came in separate envelopes and three had been signed by the same person.

The key paragraph was:

'Our record show that the aircraft scheduled to operate your flight suffered a failure of the onboard computer that monitors the engines of the aircraft. For safety reasons engineers declared the aircraft unserviceable until the fault could be fixed. Despite our best efforts we were unable to transfer passengers to an alternate aircraft from within our fleet. Unfortunately these events led to a delay of the scheduled departure of your flight.'

There then follows the same sentence from other letters that begins, 'Having considered the factual background of this case...'

This delayed flight was featured in an article in the Independent on 18th July 2012.

I will get on with making a claim via the CAA/ Court.

blondmark

lancs_ms wrote: »

I was interested to read the following on flight-delayed.co.uk:


Where will this leave Monarch and their pathetic 'technical difficulties' excuse, and will it apply retrospectively?

Monarch generally lie about consumers' rights to compensation, so any change will have no effect, as they will simply continue lying. Litigation is the only language they understand.