MOnarch; Flight Delay Compensation. What can CAA do

Plum44

I am attempting to pursue a claim with Monarch regarding a delayed flight from Palma to Birmingham last May. I sent in my claim within a week of returning, received an acknowledgement, waited 28 days then emailed to prompt a reply. This resulted in them declining my claim! Apparently the aircraft had a faulty system data acquisition concentrator and 'The component which failed is considered ‘on condition’ which refers to parts which should not require unscheduled maintenance or replacement during normal operational service. When parts such as this fail during normal operation when maintained in accordance with the relevant maintenance programme this is an unpredictable event.' I did not accept their reasoning on the basis that technical faults cannot be considered exceptional circumstances and asked for a copy of the report into their investigation. This was acknowledged, required prompting again and I have now received an email to say they still deny my claim and also refusing to release a copy of their report as 'this documentation cannot be disclosed to passengers'!

The Civil Aviation Authority website has its own claim form which I attempted to complete but was declined as my departure was from outside UK. Somewhere in the site it stated 'Regulation 261/2004 applies to all flights operated by any airline from any EU airport and flights to an EU airport operated by any EU airline'. It then refers me to the National Enforcement Body of the country of departure, i.e. Spain.

My flight was the return flight from a weeks holiday out of Birmingham aiport to Palma. Surely this should be covered under the above rule?

In all honesty I was more angry about the appalling treatment we experienced through Monarch at the airport during the 8 hour delay and am wondering if there is a way of claiming some compensation for that rather than what would be a complete refund of the fare under the above Regs.

I feel they are banking on us mere mortals not knowing enough about aircraft technicalities and so not having the confidence to pursue matters. Indeed, I have no idea what a system data acquisition concentrator is! Should I just give up and put it all down to experience, I have already vowed never to fly with Monarch again under any circumstances! :undecided

111KAB

Plum44

1) Read page one of 'proper' Monarch thread - FAQ's
2) Read this if you can be bothered > http://www.dailymail.co.uk/news/article-2338887/Our-victory-thousands-left-stranded-flight-delays-Couples-payout-26-hour-ordeal.html
3) Help also here > https://www.facebook.com/MonarchComplaints
4) Forget NEB.

TwoSeniorCitizens

PaulPonting wrote: »

We had a response from AESA in Spain regarding Monarch's 50% reduction in compensation for our flight that was under 3500km and the delay was between 3 and 4 hours. They are in no doubt that the full compensation is due under the terms of EC 261/2004, and have written to Monarch ordering them to pay the full amount. So far nothing. The CAA seem unwilling to commit hemselves on this subject. Why can the Spanish authorites try and do something whilst the CAA are nonplus. regrettably the AESA letter is worth nothing in court if I choose to go down that route. I have written to The Europen parliament to see what they come up with.Very disappointed with the CAA a letter from them stating no reduction is permissible in compensation on any flight under 3500km (not only ours)would bear a lot more weight and help others like myself who are in the same position.

I have already posted on another forum about Monarchs 50% reduction in our our compensation for a delay of 3 hours 45 minutes from a Spanish Airport in 2010. I am new to this forum so forgive me if I am doubling up. I explained on the other forum that my husband has fallen in deterioting health and therefore the option of going to Court, because of my personal circumstances is not option.I cannot leave my husband on his own for long periods Idid E Mailed Iain Osborne Group director of the CAA Regulatory Policy explaining our unfortuneate circumstances about 2 months ago asking for the CAA to make a ruling whether a 50% reduction in compensation for delays of between 3 and 4 hours is warranted. Not suprisingly he did not answer himself but passed my request down the line to one of his subordinates. (So much for any sympathy). Basically they fudged the issue and said because the flight was from Spain they could not get involved. I E mailed them back asking for a general ruling whether the 50% reduction was justified either from a UK airport or any other in Europe but date all has gone quiet. Surely it is not too much to ask the CAA to rule whether a reduction in compensation is warranted whether it be from A UK, spanish, French or any other European airport. I cannot see why the CAA cannot rule and put on their website about this General issue which does not apply to a specific flight. I can only wait in hope unless someone has an easy suggestion. As already mentioned because of my husband's health problem my involvement can only be minimal but I know there are others who have had their compensation reduced by 50% so can anyone give me any advise please. Has someone got any contacts in the CAA who could look into this issue otherwise it seems as I am stuck. We did complain to Monarch shortly after our flight delay well before thisriuling for EC261/2004 came into force so I am not "Jumping on the Bandwaggon!!" Thank you for any useful feedback you could give me.

Mark2spark

Two seniors, I answered (sort of) your other post, but, to be blunt, you are between a rock and a hard place. There isn't any punishment for Monarch to lie to you and break the law, so they will. The ONLY recourse you have is to take them to small claims court.

You could check your house insurance policy and see if you have legal cover? If so, a solicitor might take it up for you. But realistically, that would involve as much letter writing as taking them to court yourselves.

The only other thing I can think of is a family friend that would spare you the time for the form filling. They would undoubtedly cave in before it got to a judge, as it's indefensible.

DavePollard

The CAA have now introduced revised guidelines stating there can no reduction in compensation for flights under 3500KM with delays of between 3 and 4 hours.

Chris1447

What a pathetic contribution by Iain Osborne of the CAA on Watchdog last night. Anne Robinson really took him to task. He admitted the CAA could take legal action against Monarch (and Thomas Cook) but it was blatantly obvious they were completely side stepping the issue. Isn't it about time the CAA took some positive action.

Emsden

We've just been refused compensation from Monarch for the 22 hour delay to our ZB286 flight from Gatwick to Tenerife on 23 August. I will be pursuing this claim, anyone else on that flight?