Flight delay compensation, all other EU airlines

onejontwo

I've been asked to move this to the relevant airline compensation thread, but I can't find anything for Monarch so please tell me if I need to move it.
Anyway here goes:-

Advice please on a 12 hour 50 minutes delayed flight from Almeria Spain to Manchester on 4th October 2015. I have used resolver for my case but have had a response from Monarch into my wifes private e-mail address (although I don't know how they got this) in which they say that there is no compensation as it was "extraordinary circumstances"
In a nutshell the incoming plane landing at Almeria airport hit a bird on its landing approach which apparently knocked out one of it's landing lights. We were advised that it would be ok to fly with a damaged light if this was not fixed but because it was a bird strike an engineer would have to inspect the plane before clearing it to fly.
Now we accepted this but the problem was that because it was due to depart at 21.45 and the airport closed at 22.45 it was not possible to have an engineer look at it as the nearest engineer was 2 hours away. Therefore we were put up in a hotel about 10 km away with food and drink and returned to the airport the next day around 12 hours 50 minutes later than scheduled.
I have escalated my case through resolver but I'd like your views on my chances.

Caz3121

onejontwo wrote: »

I've been asked to move this to the relevant airline compensation thread, but I can't find anything for Monarch so please tell me if I need to move it.

Monarch thread https://forums.moneysavingexpert.com/discussion/4384583

Luzor

We experienced a 5 hour delay a year ago. Technical fault, due to a puncture requiring wheel replacement.
Taking airline to small claim court. Hearing due 31st December!
Whilst I sent my 'bundle' to the court and Defendant, Air Malta have not sent anything to me or the court except for a single sheet claiming 'Extraordinary Circumstances'. Cut off date for sending our submissions has come and gone.


How do these things pan out if there is no documentation from one side?

davholla

Luzor wrote: »

We experienced a 5 hour delay a year ago. Technical fault, due to a puncture requiring wheel replacement.
Taking airline to small claim court. Hearing due 31st December!
Whilst I sent my 'bundle' to the court and Defendant, Air Malta have not sent anything to me or the court except for a single sheet claiming 'Extraordinary Circumstances'. Cut off date for sending our submissions has come and gone.


How do these things pan out if there is no documentation from one side?

Good luck I hope it goes well. I am thinking of doing the same with Iberia although there are some no win no fee solicitors.

111KAB

'Normal' bundle deadline is 14 days prior to hearing with skeleton on the day. Presume therefore you had a directive to send bundle way ahead of the hearing and provided with a date for same.


If this is the case then suggest you advise the Court (ask for letter to be placed on file) you have not received their defence (how are you sure that Air Malta have not supplied to the court?) however you mention a single sheet ..... surely this has a little more on it than the words 'extraordinary circumstances'?

JPears

housekeeping bump

kaggi

I recently flew from Edinburgh to Tampa with a stop in Newark. We were delayed in Newark for over 6 hours due to a flat tyre. We booked with Lufthansa but actually flew with united as a codeshare. We were not offered anything at the airport (which does not accept cash in any food places!). Does anyone know what our rights are to compensation and who/how we claim?

Caz3121

kaggi wrote: »

I recently flew from Edinburgh to Tampa with a stop in Newark. We were delayed in Newark for over 6 hours due to a flat tyre. We booked with Lufthansa but actually flew with united as a codeshare. We were not offered anything at the airport (which does not accept cash in any food places!). Does anyone know what our rights are to compensation and who/how we claim?

If your flight to Newark was on time and the delay was fully outside the EU on a non-EU airline then the airline will refuse compensation as they will say EU261 does not apply.
There is a view from some people that, given all on one ticket it should, but this will involve you going to court yourself as the NWNF companies will not take this type of case on.
There have been others on here that said they were going to try that but I have not seen any successful tales of delays fully outside the EU qualifying for anything under EU261
(you will find similar scenarios under the US and Canadian airline thread and the non-EU airlines thread)
Initially you would contact United, they will then reject the claim and you can decide whether you want to try court or agree that it does not qualify for EU261 compensation

davholla

My wife flew with Iberia to South America and was delayed by 5 hours. Iberia refuse to pay up
A) Should I try to take them to the small claims court myself
or
Use a solicitor if so any recommendations?

Caz3121

davholla wrote: »

My wife flew with Iberia to South America and was delayed by 5 hours. Iberia refuse to pay up
A) Should I try to take them to the small claims court myself
or
Use a solicitor if so any recommendations?

Start with Vauban's guide...what reason do Iberia give for refusing compensation? If it was weather/ATC etc then they would be correct that they are not liable under EU261