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Monarch rejection

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i claimed compensation from monarch for a 11 hour delay, and this is their reason for not paying:- any suggestions ?

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 one of our A320 aircraft developed a technical problem on its number one engine compressor vane message and the height monitoring unit. We had to arrange for the spare parts required to be transported to Luton from Gatwick and Heathrow and for further tests to be undertaken prior to the aircraft being declared safe to operate.

It was unfortunate that despite Monarch’s best efforts, we were unable to transfer your flight to another Monarch aircraft from within our fleet. However, in order to minimise the delay, we were able to make arrangements for an aircraft from Titan, an alternative carrier, to operate the flight on our behalf. Consequently, your flight departed as soon as the Titan aircraft was available.

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.

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