Compensation for delayed flights Discussion Area

Noop

I just had a 24 hour delay with Monarch from Egypt to LGW. In fairness to them they did put us up in a lovely all inclusive hotel for the night, but it's by the by really. Customer service in Egypt was non existant, i continually asked for food a drinks vouchers, and it took 6 hours from arriving at the airport to leaving a getting in the bus to the hotel. We had nothing given to us for that time in the airport. Had the standard costs incurred really, including car parking at the airport, and a roof over my dogs head for the night - but it's just inconvenient for all involved.

It was a technical fault - all other flights at the time to LGW were taking off, so they can't really argue there. Am now waiting on a call back from Monarch to see what they're going to do about it. Believe everything that happened fell within all the requirements, so will try my best there.

Noop

Ok just an update to that, Monarch say that it was a delay, not a cancellation and they will not compensate anything! Any ideas?!

Noop

Yeh i just emailed them the sequence of events. Even their website says:

"Our primary concern is to transport you to your destination safely and on time, but in the event of your flight being delayed or cancelled, or that you are denied boarding due to over booking, Monarch Airlines is aware of our obligations under the European legislation regarding your rights to compensation (Regulation (EC) 261/2004).
If, after you purchase your ticket, we make a significant change to the scheduled flight time, which is not acceptable to you, and we are unable to book you on an alternate flight, which is acceptable to you, you will be entitled to a refund for the ticket or the portion of the ticket as applicable. "

Told them i didn't want to, but would continue to pursue the matter until it came to a satisfactory end. As per the regulation, they should be handing over 600 euros to us all.

Nice hotel though, thanks Monarch :beer:

richjp

I was on the same flight! MON4278 on Sunday???

I've emailed Cosmos (who we booked the package through) with no response yet (though I only did this yesterday!). I've been nice in the first instance and just pointed the regulation out and asked them to provide us with details of how to claim.

However, if they say "no" - then I will point out the ruling Harbord vs. Thomas Cook in 2006, in which a small claims court judge ruled that " A time differential of 24 hours is indicative more of cancellation than delay" (and therefore should be subject to the compensation due under the "cancellation" legislation under EU Ruling 261/2004). Google it - as he won the case.

You should also hammer home the fact that they said the cause was "technical problems", which under EU Ruling 261/2004, does not excempt them from paying compensation.

Please feel free to PM me, or update this post with any details as to how you get on.

richjp

Sorry - little update here....

My recollection of events was that they eventually told us at the airport that the flight was "cancelled" and not "delayed". This was a member of the airport staff, not Monarch - but surely cancelled means just that?

Incidentally, I noted the time we departed and it was 1730 on Monday (the moment we left the runway), which was 24 hours and 15 minutes later than scheduled.

Yes, I liked the Hilton too - but unfortunately, that doesn't account for the fact we wasted an entire day as a result.

richjp

Thanks.

I think that the tour operator and airline are one and the same anyway. It was booked via Monarch Holidays, who are part of Cosmos and the flight was Monarch's too.

I'll await their reply and see whether they will forward my correspondence internally, or whether they want me to persue this directly.

Noop

Haha, i'm planning on deleting all my holiday hotel photos and replacing them with the Hilton!!

Anyway, update from me, well none really - had an acknowledgement to my email. Will call them tomorrow and remind them of their 7 day turn around.

To be honest i can't see how they can wiggle out of it - it's a technical fault, so they can't claim extraordinary circumstances. Delay was 24hours, so they still have to treat us as a cancellation.

My other thoughts after reading that regulation is that other than the hotel, they didn't follow any of their duties of care to us. I asked 3 times for grub at the airport!! They didn't have any "port of call" in the check in area, there was no clear signage etc etc

Wonder if they'll say the technical fault was due to the extraordinary circumstances :rolleyes:

Oh Rich - it was 1732 the wheels left, we had a countdown in row 18!!

kilo_2

Cityboy wrote: »

In most cases airlines will not rebook you onto another carrier flying the same route when delays or cancellations occur. Sad but true.

This statement might be true if it applies to low cost carriers or charter type airlines. As far as scheduled airlines are concerned in most cases they will try and book you on other carriers if you ask!

The problem is most people do not ask (mainly because they are unaware they could) and the agent either cannot be bothered to look or avoids doing so, possibly to reduce costs. Having a good knowledge of partner airlines and routes help but is not essential.

E.g your BA flight from JFK to LHR is cancelled - no other BA flights available that day? You can't afford to be delayed? Ask to be accommodated on an American airlines flight leaving later on (if space is available it will be done).

kilo_2

Well in that case I would say BA are the exception to the rule. Most other major carriers would accommodate you. Status helps, but is not neccessary.

I still stick to my advice that people who are flying major carriers and have their flight cancelled for operational reasons ( not weather , air traffic control etc. ) , and need to travel that day should ask for a flight on an alternative carrier.

Noop

There was a lady on the flight who asked for exactly that - she had to pay £200 for a transfer onto the Thomson flight.