Compensation for delayed flights Discussion Area

111KAB

richardw wrote: »

Have you made it clear to Monarch that you are fully aware of the detail regarding Wallentin Hermann v Alitalia and also Sturgeon?

Yes! They are however, at this stage, defending and all I await is a court date.

richardw

Don't forget that if Monarch advance a defence of 'Extraordinary Circumstances' Article 5 of http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=CELEX:32004R0261:EN:HTML

says

"Article 5
Cancellation
....
3. An operating air carrier shall not be obliged to pay compensation in accordance with Article 7, if it can prove that the cancellation is caused by extraordinary circumstances which could not have been avoided even if all reasonable measures had been taken...."

So simply ask for the proof, and if they don't provide it, let the case continue.

111KAB

richardw wrote: »

Don't forget that if Monarch advance a defence of 'Extraordinary Circumstances' Article 5 of http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=CELEX:32004R0261:EN:HTML

says

"Article 5
Cancellation
....
3. An operating air carrier shall not be obliged to pay compensation in accordance with Article 7, if it can prove that the cancellation is caused by extraordinary circumstances which could not have been avoided even if all reasonable measures had been taken...."

So simply ask for the proof, and if they don't provide it, let the case continue.

This was actually a delayed not a cancelled flight so Articles 6/7 are more relevant but thanks for your response.

Yorkshire_Dangermouse

So...after a little dancing around with Flybe over the time the coach arrived into Manchester, they've now offered either £200 cheque or £300 in Flybe vouchers. Tough call as to which I accept...not....

:j

So now just to hear back from Swiss Airlines - had nothing since my 9 November letter, so NBA issued yesterday.

Thanks again to all the stalwarts on this forum :T :T :T

Mark2spark

111KAB wrote: »

Yes! They are however, at this stage, defending and all I await is a court date.

IMO the letter writing stage has now ended. Simply amass your evidence and take it to court. Whilst it is up to them to *prove* that the circumstances were extraordinary, you may well get a judge that is not up to speed with the latest rulings by the ECJ, being that you'll be one of the first cases to get to court, so you'll need to show the judge the case history so that the judge can see what the requirements of extraordinary are in fact are.
I mean, if a judge was to just apply the typical 'test of reasonableness', then it could be held that a sudden breakdown of a part (for instance) is beyond the airlines control, and not apply the reasoning of the ECJ that it should be fixed quickly, before the 3 hour delay bar is reached.

Mark2spark

Yorkshire_Dangermouse wrote: »

So...after a little dancing around with Flybe over the time the coach arrived into Manchester, they've now offered either £200 cheque or £300 in Flybe vouchers. Tough call as to which I accept...not....

:j

So now just to hear back from Swiss Airlines - had nothing since my 9 November letter, so NBA issued yesterday.

Thanks again to all the stalwarts on this forum :T :T :T

Looks like your on your way YD :T

Mark2spark

111KAB wrote: »

See my post 3707 regarding my delay.

Monarch have indicated they intend defending my Court claim and I can only think their defence will be extraordinary circumstances. I have written to the CAA asking for their opinion quoting the circumstances of my flight (technical) delay and their response is awaited. I have also sent the CAA a copy of page 4 of the Monarch claim form where they list their understanding of the extraordinary circumstances and quote the CAA. I have stated that IMO, they are 'using' the CAA name irresponsibly - again I await their response. From the information on the CAA website my delay was not due to a problem outside of Monarch's control and this is also borne out by the ECJ ruling information kindly provided by Centipede.

What I mean 111KAB, is that Monarch's brief might well attempt to hoodwink the Court by 'quoting' the CAA as per Andy's post below, so your reply from the CAA, when it comes, might be vital evidence.

Andy_International wrote: »

You may not be entitled to compensation despite suffering a delayed flight where the delay was caused by Extraordinary Circumstances. The CAA has issued guidance on the meaning of Extraordinary Circumstances as including but not limited to the following:
a) Aircraft technical faults discovered just before flight or during the flight concerned;
b) Damage to the aircraft caused by:
 Acts of sabotage or terrorism;
 Bird strike;
 Ground incurred damage (i.e. baggage truck, air bridges);
 Lightning strike;
 Pepperpot event (eg large hailstones);
 Severe turbulence;
 Heavy landing; or
 Foreign object damage;
c) Catastrophic engine failure or engine surge;
d) De-pressurisation;
e) Electronic hardware / software ‘conflicts’ which indicate that the aircraft is not fit to fly and which cannot easily be cleared;
f) Hidden manufacturing defect that impinges on flight safety;
g) Meteorological conditions incompatible with the operation of the flight concerned;
h) Security risks;
i) Unexpected flight safety shortcomings;
j) Strikes; or
k) Political instability.

Mark2spark

111KAB wrote: »

November 16th - MCOL submitted for £400 (2 pax) + £35 costs + interest - Monarch given 14 days by court to respond.

Can I just ask 111KAB, whether you filed two separate MCOL claims, or a joint claim?
Just asking, seeing as Monarch are asking people to make separate claims, when clearly if it's all on one booking, then all parties should be compensated, and that the lead passenger can make this claim on their behalf.

Bradford904

Has anybody actually had a successful claim with monarch & been paid out?

Denando

Woo hoo! I've just had a letter from BA saying they are sending me a cheque for £971 for my 2 delayed flights in 2009. Don't think I even paid that much in the first place.

Many thanks to Martin for drawing my attention to this new ruling in the first place.