Compensation for delayed flights Discussion Area

Mark2spark

urban469 wrote: »

I've just received a claim form from Monarch, which lays out the compensation that may be awarded. But there's an odd point on there which states that if the flight arrival was delayed more than three hours BUT LESS THAN FOUR HOURS, the amount of compensation will be reduced by 50%.

I've never seen this before. Is this correct?

See the MSE article:

http://www.moneysavingexpert.com/travel/flight-delays

Mark2spark

I have now given Monarch a reasonable amount of time since being in receipt of my claim to escalate things.
Self explanatory email sent just now:

Booking Ref: ******
Flight no: ZB227
Date: 07/10/12
Route: PMI - LGW
Passenger names: *Me & my wife*
Dear Sirs,
I have sent your claim form and all requested documentation by recorded delivery, on 31/10/12.
You have therefore been in receipt of this information and claim for approximately 10 weeks.
There appears to be little to investigate as the flight Captain, the head of cabin crew, and your own customer services, have stated that the delay was due to Monarch.
I therefore require you to settle my claim within the next 14 days, by cheque payable to the named passengers, and that if you fail to do so, I reserve the right to issue legal proceedings without giving you further notice in writing.
Should a legal claim be launched, costs and interest will also be claimed.
I look forward to your early settlement of this simple matter.

Signed and my address

111KAB

Mark - as far as I can ascertain Monarch Airlines Limited have yet to compensate anyone as they appear to quote extraordinary circumstances in respect of every delay of 3 hours +. My belief is that they are frightening passengers and indeed I know from people who were delayed on my flight that they just cannot be bothered to pursue. I feel that you are being pushed into the claim route ~ whether you finally end up going to Court is dependant upon Monarch appearing of course.

WestHamDaz

Back in November I posted how we had a delay of over 5 hours leaving Heathrow for Larnaca, flying BA out of LHR.

A letter was sent recorded delivery based on the template suggested on this forum. I had received no confirmation after 14 days so sent an email via the contact us page on the BA site, and apart from the automated reply heard nothing again.

Over Christmas I sent a final warning email and that I would begin court proceedings in the new year.

Today, after having no contact at all from BA I have received an email

Dear WestHamDaz


Thank you for contacting us about your claim for compensation.
Following a recent decision made by the European Court of Justice, you are entitled to compensation for the delay of your flight BA662 on 06 November 2012. The distance of your disrupted flight, as calculated in accordance with EU legislation, was between 1500km and 3500km. Based on this, you are entitled to €400 in compensation.
As there are two passengers included in your claim, the total compensation due is €800 which converts to £641.60. Please provide the following information so I can set up your bank transfer:

• Bank name
• Branch name
• Sort code (6 digits)
• Account number (8 digits)

If you would like to fax us your details our fax number is 01787 883 195 or you can send your details by email using our link below. Please feel free to send more than one email or fax if you are concerned about providing all your information at once, and include your case reference number on all correspondence.
I look forward to hearing from you.
Best regards
Mr BA Customer Service Chap
British Airways EU Compensation Claims

rusty_frog

111KAB wrote: »

Mark - as far as I can ascertain Monarch Airlines Limited have yet to compensate anyone as they appear to quote extraordinary circumstances in respect of every delay of 3 hours +. My belief is that they are frightening passengers and indeed I know from people who were delayed on my flight that they just cannot be bothered to pursue. I feel that you are being pushed into the claim route ~ whether you finally end up going to Court is dependant upon Monarch appearing of course.

Much can also be said of Thomas Cook.
Even when they concede a technical/mechanical fault they still decline to settle and claim extraordinary circumstances.

WestHamDaz

Oh, and thanks to those on here posting up all the valuable info and advice.

It is appreciated :beer:

richardw

Mark2spark wrote: »

......Should a legal claim be launched, costs and interest will also be claimed...

Can you claim costs?

111KAB

richardw wrote: »

Can you claim costs?

I understand you can claim court costs but not personal costs ie travel, time of work etc however if found in your favour and you want to 'push it' you can ask the DJ to take your/any other costs into consideration before the award is made however those costs cannot form part of a claim.

Vauban

I too have lost patience with Monarch: I have just sent the CAA a letter by email, copying Monarch in, along the following lines:

Dear Sir/Madam,

Re: Compensation claim for delayed flight [Monarch Airlines]

I am writing to refer my complaint to the Civil Aviation Authority, after failing to receive a substantive response from Monarch Airlines.

My complaint, sent to Monarch originally on the 12th May 2012, related to flight ZB249, which was scheduled to arrive in Gatwick (from Sharm el Sheikh) at 21.00 on the 8th April 2012. The flight in fact arrived at 21.09 on the 9th April - just over 24 hours late.

The passengers in the party were myself (Dr. Vauban), my wife (Ms. Vauban) and our three children (Vince, Victor and Vern Vauban). As my scheduled flight length was 3860 km, I am therefore seeking compensation of €600 per delayed passenger in my party (ie a total sum of €3000).

Monarch initially refused my claim on the 5th May 2012, "pending receipt of the ECJ's decision". I therefore wrote again on the 7th October 2012, once the ECJ had confirmed the applicability of compensation for delay, and reiterated that I was seeking compensation under EC Regulation 261/2004 for this delayed flight. Monarch responded on the 29th October, asking me to complete a compensation application form for myself, my wife, and my children. I completed these forms and sent them to Monarch on the 5th November. Monarch acknowledged receipt on the 13th November, and advised me that I should expect a substantive response within 6-8 weeks.

Unfortunately no further response has been received however, despite my reminding Monarch that a reply is now outstanding. Nor has Monarch given me an indication of when I might expect to receive a substantive reply, and I fear that they are simply stonewalling my request. I have now been waiting since May of last year for Monarch to resolve this issue and would be very grateful if the CAA, as the competent regulatory body, could press Monarch to respond constructively and without further delay.

I should also be grateful if the CAA could look into the circumstances of the delay we suffered. Although the flight was from Sharm el Sheikh, I understand that the delay occured entirely within the UK - and that the technical fault meant the plane never left Gatwick. Monarch wrote to me on the 11th April to apologise for the delay, which they said "was caused by a technical problem with the operating aircraft". I understand that, as the European Union's Advocate General has noted: "In its judgment, the Court held that Article 5(3) of the Regulation ‘must be interpreted as meaning that a technical problem in an aircraft which leads to the cancellation of a flight is not covered by the concept of “extraordinary circumstances” within the meaning of that provision, unless that problem stems from events which, by their nature or origin, are not inherent in the normal exercise of the activity of the air carrier concerned and are beyond its actual control’." I should therefore appreciate hearing the CAA's view on whether the technical faults that delayed my flight should be regarded as covered by the concept of "extraordinary circumstances".

Please accept my thanks in advance for your assistance with this matter, and do advise me if you require any further information or documentation, which I will happily provide.

Yours faithfully,

Vauban

cc: Monarch Airlines

I am confident that Monarch is in breach of its legal obligations, and it is pathetic that they are dragging their heels so obviously. I am fairly reconciled to having to take this to court - but I hope to have a helpful opinion from the CAA on my side too.

What a shame Monarch prizes its corporate reputation - and its customers - so poorly ...

111KAB

thalia22 wrote: »

Hi their,
In my original contact with the CAA, prior to the Uk high Court blocking further UK claims until ratification from the ECJ, the CAA forwarded on my behalf, my claim to the Spanish Regulator the AESA, who investigated my claim fully. The CAA stated that they were only acting as a post box, passing my claim to the Country of origin, (Spain), and its official air regulator, the AESA.
So I would suggest you write directly to the AESA, and copy it to the CAA for their reference file.
The adress for the AESA is:-
Ministerio De Fomento. Agencia Estatl De Seguridad De La Aviacion Civil Y proteccion Al Usuario, (AESA), Po De La Castellana, 67, 28071, Madrid, Spain. tel:91 597 8321/72 31/50 75. www.sequridadaerea.es
.

I have today been advised their address has changed to .....

Agencia Estatal de Seguridad Aerea
Division de Calidad y Proteccion al Usuario-
Seccion de atencion al Usuario
Avenida General Per!n nº 40
28020 MADRID

HOWEVER I am unsure if this is in respect of my contact (delay claim) or in general.