FAQ's to flight delay compensation queries

Slacker123

Dear Readers

I have had the following response from Monarch:

In some circumstances, passengers may be entitled to compensation under EU Regulation 261, however the Regulation states that compensation is only payable when a flight is delayed in excess of three hours after the scheduled time of arrival. We have established that your flight was scheduled to arrive at 1830z and actually arrived at 1917z and this equates to a delay of 47 minutes. As a consequence no compensation is payable within the terms of the regulation.

Can anyone advise me what my next step should be?

Thanks for readings:)

111KAB

Slacker123 wrote: »

Dear Readers

I have had the following response from Monarch:

In some circumstances, passengers may be entitled to compensation under EU Regulation 261, however the Regulation states that compensation is only payable when a flight is delayed in excess of three hours after the scheduled time of arrival. We have established that your flight was scheduled to arrive at 1830z and actually arrived at 1917z and this equates to a delay of 47 minutes. As a consequence no compensation is payable within the terms of the regulation.

Can anyone advise me what my next step should be?

Thanks for readings:)

YES - if your delay was only 47 minutes count yourself lucky!

gautamvt

Hi all,

I was offered Airmlies instead of Cash. I couldn't find any help regarding this here. Please can somebody suggest whether I can reject airmiles and request cash.

For 8 hrs delay, more than 3500 miles, for a family of 4 I was offered 60,000 skywards (airmiles) from Emirates. Since I may not use them and I don't collect them now, I want to reject this offer. Please suggest and let me know if anybody has experienced this.

Thanks in advance.

Mark2spark

gautamvt wrote: »

Hi all,

I was offered Airmlies instead of Cash. I couldn't find any help regarding this here. Please can somebody suggest whether I can reject airmiles and request cash.

For 8 hrs delay, more than 3500 miles, for a family of 4 I was offered 60,000 skywards (airmiles) from Emirates. Since I may not use them and I don't collect them now, I want to reject this offer. Please suggest and let me know if anybody has experienced this.

Thanks in advance.

Regulations state they you can have cash if you desire. Have you read them?

Mark2spark

This thread is for questions of a non-specific nature or for questions regarding the Regulation or precedent case law, AFTER YOU HAVE READ THE FAQ'S, as it is starting to become overly long with questions that should be in one of the specific airline threads.

Please repost your question in the airline-specific thread in this sub-forum which has been set up to answer questions related to the airline involved in your claim.
You may well find the answer to your question in the FAQ's above.

gautamvt

Mark2spark wrote: »

Regulations state they you can have cash if you desire. Have you read them?

Thank you very much Mark2spark. I couldn't find anything specific about this in the forum (I searched thru the threads).

apologoies, I had a quick search thru the regulations but I guess I overlooked it. Thx.

efremis

I too have put a compensation claim to Monarch Airlines for a 10 hour delay. I completed their claim form and submitted all the evidence. This is the email that I received from them:

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 suffered a spoiler fault, rendering the aircraft unserviceable and unsafe to fly until this fault had been rectified. Engineers advised that a replacement spoiler actuator was required which was sourced at Manchester and transported to Gatwick as soon as possible. Despite our best efforts we were unable to transfer passengers on your flight to an alternative aircraft from within our fleet as would be our aim in circumstances such as this. Your flight departed as soon as the aircraft became serviceable but, unfortunately, these events led to a delay in the scheduled departure time of your flight.

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.

I have now responded quoting the stated cases in previous threads. I wait and see.
My thoughts are if they turn me down again, I want to take this further. Either small claims court or on a no win, no fee basis with Easy Flight Claims. Your thoughts are greatly appreciated.:)

Mark2spark

Please post in the dedicated Monarch thread, as the post just two above yours asks?

kuepper

It seems to be a worry for other ppl as well as me but doesnt seem to get answered when posted as far as I can see - I have a concern that if I do end up in Small Claims and win, that the airline will find grounds to appeal and if successful in the appeal it will claim costs which could be ruinous to me and this is frightening me from starting the process off.

richardw

.......please delete