50% reduction in claim for delay between 3 and 4 hours

111KAB

Magic_Moments wrote: »

Thank it great news Paul. Does that mean I can appeal to Monarch against my refused claim and also demand 8% interest from the date of the flight. I am unsure of the position regarding the latter can anybody clarify.

Interest is only applied if you go through the court process.

Vauban

Magic_Moments wrote: »

Thank it great news Paul. Does that mean I can appeal to Monarch against my refused claim and also demand 8% interest from the date of the flight. I am unsure of the position regarding the latter can anybody clarify.

Did Monarch agree to pay 50% of your compensation then, Magic?

Wishful_Thinker

The CAA have amended their guidelines as below stating that there vis no case for a reduction in compensation for flight under 3500km and for delays between 3 and 4 hours. Has anyone tested Monarch on this subject yet and if so what was their response!!!

Compensation for flight delays for certain flights

Flight Length

3,500km +
e.g. London to New York

Delay to destination

Between 3 and 4 hours

More than 4 hours

Compensation

€300

€600

50% reduction to compensation between 3-4 hours

This reduction applies only to flights to/from destinations outside Europe and where the flight is greater than 3,500km in length. Compensation for flights of less than 3,500km, or intra-community (within Europe) flights of any distance cannot be reduced by 50% if the delay is between 3 and 4 hours on arrival.

NicksTheMan

I just fail to understand now that the CAA have amended their guidelines what defence Monarch has to offer. Has anyone received a reason behind Monarch's decision why this section of EC261/2004 does not apply to them.

Chris1447

Have Monarch stated exactly on what grounds they are reducing compenstion by 50% between 3 and 4 hours for flights under 3500km. The CAA have now found a case to add it to their guidelines emphatically stating now NO reduction can be made in the amount of compensation. I believe other bodies in EU have the same conclusion. Is it not about time that either the CAA or another European body take Monarch to court, especially as no other airline appear to be following suit over this issue. Once the Court has found in favour AGAINST Monarch then that should be the end of the matter. This is a general issue applying to a large number of people and is not specific to a particular flight like erxtraordinary circumstances.

DavePollard

On 13 March 2013, the Commission proposed a revision of Regulation (EC) 261/2004*. The proposal mainly aims at improving the application and the enforcement of air passengers' rights. It also introduces a series of new passenger rights and clarifies a number of existing legal grey zones in favour of the passengers. For further information, please see the following press release *:
http://europa.eu/rapid/press-release_MEMO-13-203_en.htm



Article 6 of the proposals provides that “Passengers shall have a right to compensation from the operating air carrier in accordance with Article 7 where the passenger arrives at its final destination:

(a) five hours or more after the scheduled time of arrival for all intra-Community journeys and for journeys to/from third countries of 3500 kilometres or less;

(b) nine hours or more after the scheduled time of arrival for journeys to/from third countries between 3500 and 6000 kilometres;

(c) twelve hours or more after the scheduled time of arrival for journeys to/from third countries of 6000 kilometres or more”

The full text of the proposal can be found below:
http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=COM:2013:0130:FIN:EN:PDF



The proposal is under discussions, you may monitor the progress of the proposal and the various stages before it is adopted, the deliberations with the other two co-legislative institutions (European parliament and Council of the EU), as well as their input on the following link of the Legislative Observatory of the European Parliament**:
http://www.europarl.europa.eu/oeil/popups/ficheprocedure.do?reference=2013/0072(COD)&l=en



However, as a general information service of the European Union (EU) , we are not in position to foresee the precise day in which the proposal will have been approved and the relevant legal amendments will enter into force.

If you wish advice on your rights as a passenger and how to proceed with the complaint in case of a delay under the current legal framework, we invite you to get back to us and provide us more information on the flight, country where the incident took place, airline, and information given by the airline, grounds on which the flight has been delayed.

We hope you find this information useful. Please contact us again if you have other questions.

* Follow this path to access EU law: EUR-Lex > Simple Search > Natural Number > select document type, year and number of the legislation > press "Search". The "bibliographic notice" provides information on the document, such as dates, procedure and consolidated versions.

** Follow this path to access a press release: RAPID > tick "Search complete database" and type the reference or use key words > press "Search" > choose format and language.

** Follow this path to access information on the decision-making process: Legislative Observatory > click on "Search by reference" > select option (e.g. "Commission document" or "Procedure reference") > press "OK" > scroll down to the result (end of page) and click on the reference number.

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Date: Friday, 04/10/2013 15:39:53

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Can you confirm under from The europena Parliament prospective that there is no provision under EC 262/2004 that there is no provision to reduce compensation for delays between 3 and 4 hours and for flights under the distance of 3500km. The CAA website now states this fact and wanted to make sure that this is line with the EU directive cbefore approach the airline. Thank You

This is an E Mail I received from Europe Direct on this subject which may or may not help.

Vauban

DavePollard wrote: »

This is an E Mail I received from Europe Direct on this subject which may or may not help.

I vote for "may not".

Not sure why you've posted this Dave.

The law is clear on the 50% reduction, the CAA is also (now) clear. The airline won't play, however, because they don't think you have the confidence to take them to court. And I think they are right.

DTDfanBoy

You may want to hide your email address before a spambot finds it :eek:

shakin01

Hi everyone,

I too have recently contacted Monarch regarding a four hour delay from Larnaca to Manchester in September 2012. After filling out the forms, I was sent a cheque for 50% of the expected amount (£166). I asked if they could confirm the actual length of the delay and I explained that I would not cash the cheque until I had a satisfactory response. Here is their reply:

[FONT=Times New Roman,serif][FONT=Calibri,sans-serif]Thank you for your email.[/FONT][/FONT]
[FONT=Times New Roman,serif][FONT=Calibri,sans-serif] [/FONT][/FONT]
[FONT=Times New Roman,serif][FONT=Calibri,sans-serif]I can confirm that your scheduled time of arrival was 00:45 (GMT) and your actual time of arrival was 04:43 (GMT) therefore your total delay time was 238mins.[/FONT][/FONT]
[FONT=Times New Roman,serif][FONT=Calibri,sans-serif] [/FONT][/FONT]
[FONT=Times New Roman,serif][FONT=Calibri,sans-serif]Kind Regards[/FONT][/FONT]
[FONT=Times New Roman,serif][FONT=Calibri,sans-serif] [/FONT][/FONT]
[FONT=Times New Roman,serif][FONT=Arial,sans-serif]Sophie [/FONT][/FONT]
[FONT=Times New Roman,serif][FONT=Arial,sans-serif]Customer Service Centre Advisor[/FONT][/FONT]
[FONT=Times New Roman,serif][FONT=Arial,sans-serif]EU Claims[/FONT][/FONT]
[FONT=Times New Roman,serif][FONT=Arial,sans-serif]Monarch [/FONT]
[FONT=Arial,sans-serif][/FONT]
[FONT=Arial,sans-serif][/FONT]
[FONT=Arial,sans-serif]According to flightstats, my delay was actually 240 minutes. Does anyone have any recommendations for disputing these two minutes, or is the word of Monarch final? I understand that based on the CAA guidelines that I am entitled to an increased amount anyway, but just wondered if I could dispute their offer based on this issue as well.



[/FONT][/FONT]

shakin01

Thanks Centipede,

After threatening to take legal action, Monarch sent a reply stating how they are legally able to reduce the amount of compensation due.

I'll get some legal advice and see how it goes from there!