Flight Compensation Claim. what constitutes extraordinary circumstances

mooretr

My Monarch flight has been cancelled due to "industrial action" which doesn't appear to affect ANY other airlines flying to the same airport at the same time. We have been offered a later flight that day, but it means we miss the first day of our holiday.
Any advice

TomLikesSausages

When we received a response from Monarch to our claim in 2011 they gave us details of the reason for the delay which was basically a new part was required on the outward bound flight and technical problems on the return flight. At no stage did they mention extraordinary or unusual circumstances in their original corresponce. Our claim were denied purely because there was no EU ruling at that time. We have resubmiitted our claim in late October2012, but if they come back with a no because of extraordinary circumstances will it increase our chances that they did not mention any unusual in the original correspondence in 2011. Also the same flights were delayed two weeks runnings for overv 3 hours.

Mark2spark

TomLikesSausages wrote: »

When we received a response from Monarch to our claim in 2011 they gave us details of the reason for the delay which was basically a new part was required on the outward bound flight and technical problems on the return flight. At no stage did they mention extraordinary or unusual circumstances in their original corresponce. Our claim were denied purely because there was no EU ruling at that time. We have resubmiitted our claim in late October2012, but if they come back with a no because of extraordinary circumstances will it increase our chances that they did not mention any unusual in the original correspondence in 2011. Also the same flights were delayed two weeks runnings for overv 3 hours.

No it won't.

DavePollard

I am sure the when the EU ruling was passed most of the airlines perceived instances of extraordinary circumstances were not meant to be included. It is more a case of finding out what are NOT considered to be extraordinary circumstances. Has the EU court now washed it hands of the matter or have the CAA or any other body gone back to them for a clarification or a further review

Wishful_Thinker

Has anyone tried contacted Watchdog or Simon Calder (often on BBC breakfast TV) about how many cases of different extraordinary circumstances the airlines (especially Monarch) are using to dismiss claims. These forums are very incredibily helpful and Useful .I appiate some contributors are putting in a huge amount of excellent work on our behalf but getting the issue aired on television will only help everyone's case. I have yesterday written a letter to Watchdog to highlight this issue and have suggested they perhaps look at all Forums connected with Flight compensation Claims to see the extent of the problem Perhaps if enough people did the same then maybe they would feature this problem on the Watchdog programme which might "Name and Shame" Monarch. and possibly have a positive effect. Does anyone know an E Mail address for Simon Calder

richardw

It's already been on daytime watchdog.

tallion80

We had a 7 hour delay, this is part of an email I have received after we filled in the claim form.
Our records show that the aircraft that was scheduled to operate your flight developed a green system hydraulic leak upon landing in Alicante following its outbound sector. Following an investigation by an engineer, it was established that a pylon case drain pipe had broken and the part required for rectification was located at Airbus in Hamburg.

Due to this aircraft having to remain in Alicante awaiting the arrival of the spare part, your flight was transferred to the first available aircraft from within the Monarch fleet, which we operated out from Manchester at 0020 hours GMT.

Having considered the factual background of this incident, I am satisfied that this was indeed an extraordinary circumstance that could not have reasonably been prevented by Monarch. I am unable to agree to your claim for compensation.

Leedsteacher

We have had a very similar letter from Monarch about our daughter's 14 hour delay. This was due to technical faults on 2 planes. I contacted Monarch and was told if I was not happy we should contact the CAA which we are now doing. I think we should all persue our complaints as far as we can and not allow the airlines to think they can simply refuse all complaints as being extraordinary circumstances.

heidme

Martin85 wrote: »

We are persuing a flight delay compensation claim with Monarch Airlines, and are still waiting for anything more than a holding response. However we have noticed that the airlines are using extraordinary circumstances beyond the airline's control as a way of getting out of settling. What constitutes extraordinary circumstances apart from the obvious points like Strikes, Weather, Ash Cloud and Civil Unrest. Surely not having a part available etc is not covered by this. Is there a listof exacctly what is and is not covered, or is the EU ruling very vague that allows the airlines to use such issues as a "Get Out Clause"

Just received e.mail from monarch using extraordinary circumstances, but I contacted them when I arrived in UK after the delay and was told the reason for the delay was that they had ordered 8 new aircraft and only received 2 and that was the reason their schedule was in disarray. This is a different reason completely to what their e.mail says. I am now contacting the CAA.

Mark2spark

heidme wrote: »

Just received e.mail from monarch using extraordinary circumstances, but I contacted them when I arrived in UK after the delay and was told the reason for the delay was that they had ordered 8 new aircraft and only received 2 and that was the reason their schedule was in disarray. This is a different reason completely to what their e.mail says. I am now contacting the CAA.

What a shame you don't have the initial excuse in writing.
IMO you should also file a court claim on line now whilst you wait for the CAA.