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

Eve4ever

Well folks, you could knock me down with a feather! I got the following email today. Just to remind you, I started court proceedings on the 26th feb for two flights, I'm entitled for 600 euros for each. The even better news is, back in the summer last year they wrote a letter to me stating the reason for both delays was the same, they had re-organised their operating program so, if they reject the other flight, its going to be an interesting day in court ! :-)

I plan to leave the court case open and no doubt I'll get a phone call from their solicitor at some point. Once I have got my court fees, interest and other 600 euros back, then I'll cease action :-)))

"Flight Details: ZB685 Sharm El Sheikh to Manchester 12/05/2012

Dear XXXXXXXX,

I am sorry to learn of the disappointment that prompted your correspondence. Providing our passengers with safe and efficient service is our first priority. I would like to reassure you that every effort is made to ensure the flights depart on time and in the unlikely event we are unable to do so, we aim to get you to your destination at the earliest opportunity. That said, our ability to keep disruption to a minimum is always dependant on the resources available to us on the day.

I can confirm that your claim for compensation has now been assessed and you are entitled to compensation in accordance with EU Regulation EC261/2004 due to your delay.



In line with the above a cheque to the value of £519 (the Sterling equivalent of €600.00 based on today’s Reuters exchange rate) will be forwarded to each claimant within fourteen working days.

For your reference if you have another claim for an alternative delayed flight to the above this will be responded to separately in due course."

4poc

Eve4ever wrote: »

Well folks, you could knock me down with a feather! I got the following email today. Just to remind you, I started court proceedings on the 26th feb for two flights, I'm entitled for 600 euros for each. The even better news is, back in the summer last year they wrote a letter to me stating the reason for both delays was the same, they had re-organised their operating program so, if they reject the other flight, its going to be an interesting day in court ! :-)

I plan to leave the court case open and no doubt I'll get a phone call from their solicitor at some point. Once I have got my court fees, interest and other 600 euros back, then I'll cease action :-)))

"Flight Details: ZB685 Sharm El Sheikh to Manchester 12/05/2012

Dear XXXXXXXX,

I am sorry to learn of the disappointment that prompted your correspondence. Providing our passengers with safe and efficient service is our first priority. I would like to reassure you that every effort is made to ensure the flights depart on time and in the unlikely event we are unable to do so, we aim to get you to your destination at the earliest opportunity. That said, our ability to keep disruption to a minimum is always dependant on the resources available to us on the day.

I can confirm that your claim for compensation has now been assessed and you are entitled to compensation in accordance with EU Regulation EC261/2004 due to your delay.



In line with the above a cheque to the value of £519 (the Sterling equivalent of €600.00 based on today’s Reuters exchange rate) will be forwarded to each claimant within fourteen working days.

For your reference if you have another claim for an alternative delayed flight to the above this will be responded to separately in due course."

Brill news,well done!
I need2post my NBA tomorrow n am a bit unsure how much info to include, ie my argument sthat a knock on effect from 3rd previous flight to ours is not an EC n that it was a tech problem. Willing 2share main jest of yr letter to JM(presuming)? Tks.

Martin85

I have had a communications from Monarch querying the amount of my claim. I claimed 400 Euros a person for a 3 hour 40 minute delay to a flight from The Canary Islands to Gatwick. Monarch are saying in line with EU Regulation EC261/2004 delays over 3 hours and under 4 hours will only be entitled to 50% of the this sum i.e 200 Euros are asking me to amend the sum I Am claiming. It may be a ploy as I am not sure if they are going to settle if I agree to amend my claim but it does sounds there is an element of hope. But before agreeing to reduce my claim with no guarantee of success I am wondering what EC261/2004 says about claims between 3 and 4 hours. I have read the main points and cannot see it but of course it may be in small print. This is about a claim I originally submitted in 2011 and resubmitted again in November 2012. Are they entitled to ask me to reduce my claim as once I agree there is no turning back. Any advise would be welcome.

Eve4ever

4poc wrote: »

Brill news,well done!
I need2post my NBA tomorrow n am a bit unsure how much info to include, ie my argument sthat a knock on effect from 3rd previous flight to ours is not an EC n that it was a tech problem. Willing 2share main jest of yr letter to JM(presuming)? Tks.

Assuming you have already written to them and/or completed their claim form, all you have to say is:

Final Letter before Action
Further to my correspondence on xx/xx/xxx, reference number xxxxxxxx, I would like to give notice that, if I do not receive a cheque for the £ XXX within 10 days, I will be seeking legal representation and will pursue this through the small claims court.

A copy of all the correspondence has been sent to the company secretary.

Yours sincerely,

You don't have put an argument together, it's for Monarch to defend themselves which happens further down the line.

rubybloo

OK - I don't want to sound like a jammy cow, but Monarch have also agreed to pay compensation on my second delayed flight, MON6073 on the 29/12/12.

I was absolutely sure this would be turned down, as the plane that was supposed to take us home from Grenoble (flight MON6072) developed a fault and they had to send a new plane from Gatwick, and they seem to have turned down all claims similar to this. We were told clearly at the airport that this was the reason for the delay. Our delay was just over 4 hours.

They are being very inconsistent in their approach but as this was a charter flight full of furious-beyond-belief skiers, having subjected us to a 27 hour delay the previous week getting to Grenoble, perhaps the ski holiday companies have threatened to withdraw business etc unless they approve these claims.

Pez4

Vauban wrote: »

That's right I'm afraid: a delay of between 3 and 4 hours means 50% of the compensation only over that distance:

3,500km+, eg, London to New York3-4 hours€300 (£259)4+ hours€600 (£515)

Did you initiate court proceedings? If so how far did you get?

Thanks for responding. Having read EC261/2004, Article 7, Section 2 my understanding is that they can only half the compensation if we were re-routed to the same destination. We still went on the same flight only it was delayed. Any comments?

lisafoster

Martin85 wrote: »

I have had a communications from Monarch querying the amount of my claim. I claimed 400 Euros a person for a 3 hour 40 minute delay to a flight from The Canary Islands to Gatwick. Monarch are saying in line with EU Regulation EC261/2004 delays over 3 hours and under 4 hours will only be entitled to 50% of the this sum i.e 200 Euros are asking me to amend the sum I Am claiming. It may be a ploy as I am not sure if they are going to settle if I agree to amend my claim but it does sounds there is an element of hope. But before agreeing to reduce my claim with no guarantee of success I am wondering what EC261/2004 says about claims between 3 and 4 hours. I have read the main points and cannot see it but of course it may be in small print. This is about a claim I originally submitted in 2011 and resubmitted again in November 2012. Are they entitled to ask me to reduce my claim as once I agree there is no turning back. Any advise would be welcome.

This information is on the main MSE and CAA site:

How much compensation are you due?
Up to 1,500km, eg, London to Paris 3 hours+ €250 (£215)

1,500km-3,500 km, eg, London to Istanbul 3 hours+ €400 (£345)

3,500km+, eg, London to New York 3-4 hours €300 (£259)

4+ hours €600 (£515)
Sterling figures based on the early February 2013 exchange rate of €1.16 euros to £1

The 50% reduction in compensation is only on flights of more than 3500km that were delayed by more than three and up to 4 hours so you are entitled to 400 euros per person. Another case of Monarch making up their own rules

urban469

Hi guys,

Bad news from Monarch, re: ZB 7206, LGW-MXP, 21 JUNE 2012

"Our records show that your flight was delayed due to technical problems within the fleet. An aircraft had developed a fault in the number one engine that required engineering work in order to be safe to fly. Despite Monarch's best efforts, this meant that there were insufficient aircraft available to operate your flight at the scheduled departure time. Consequently, your flight departed at the earliest opportunity on the first available aircraft.

Having considered the factual background of this incident, we are satisfied that the disruption was caused by an extraordinary circumstance..."

I've posted here about whether this letter implies that there was a fault with ANOTHER plane in their fleet (i.e. not my aircraft). And if that is the case, that doesn't count as an extraordinary circumstance.

kpmak

just got our claim denied letter from monarch ...flight became unserviceable after suffering a hydraulic oil leak.once the aircraft was deemed serviceable the crew exceeded their legal duty hours as a result all passengers were required to "night stop"so this is an ec ..whats my next step please

Eve4ever

kpmak wrote: »

just got our claim denied letter from monarch ...flight became unserviceable after suffering a hydraulic oil leak.once the aircraft was deemed serviceable the crew exceeded their legal duty hours as a result all passengers were required to "night stop"so this is an ec ..whats my next step please

Send two "letters before action" one to the claims department and one addressed to the company secretary giving them 14 days notice to pay you. Then if you haven't heard from them, start your claim through the small claims court which you can do on line:http://https://www.moneyclaim.gov.uk/web/mcol/welcome

You don't have to get into a debate with them, it's a waste of effort, just start legal action.