Compensation for delayed flights Discussion Area

111KAB

Grateful Sazzy if you could put details on Monarch post.

Mark2spark

Sazzy32 wrote: »

Myself partner and child were delayed on a Monarch Flight on the 13th September 2012 due to a technical fault with the plane i submitted claim forms to Monarch on the 13th December 2012 and have today received an email back that our claim is successful :j€400 each and cheque is on it's way...

Could I have the flight number and destinations please? I've got a list going on the dedicated Monarch thread which is useful information to others.
Thanks,
Mark

Mark2spark

neilsolaris wrote: »

Hi,

I recently got delayed by five hours, travelling from London to Vietnam. The check-in staff told me that the delay was caused by technical problems with the aircraft earlier in Vietnam, which had a knock on effect.

I've written to the airline requesting the compensation I believe I am due, and they have refused. I pointed out that technical problems with the aircraft do not usually constitute 'extraordinary circumstances', and asked them to explain the nature of the technical problem, and explain to me why they believe it is 'extraordinary circumstances'. The wrote back and said they they are not obliged to disclose this information, and they will not compensate me.

In addition, I pointed out that I viewed £8.00 as too insufficient an amount for refreshment expenses for 5 hours at an airport, and asked them to refund me the excess, which is actually quite low, as I spent very frugally.

My question is, do you think I should take them to the small claims court? Do you think I have any chance of winning, particularly as I don't know exactly what caused the delay? Is there any way I can find out what the technical problem was?

Thanks for your advice!

Excellent evidence to show a judge!! 14 days notice letter next, template in the FAQ's.

neilsolaris

blondmark wrote: »

Yes of course you should sue them in the small claims track upon giving them 14 days notice.

You have every chance of winning. Not only do technical problems not constitute extraordinary circumstances (Frederike Wallentin-Hermann v Alitalia – Linee Aeree Italiane SpA), the knock-on effect of another flight's extraordinary circumstances does not constitute extraordinary circumstances relating to your flight (Finnair Oyj v Timy Lassooy).

As for not being obliged to disclose the nature of their defence, they do in fact have a definite legal obligation to do so immediately under the Practice Direction on Pre-action Conduct. The Civil Procedure Rules aim to resolve issues at the earliest stage through pre-action protocols with costs’ sanctions applying, even in the small claims track, for unreasonable conduct, such as the airline's refusal to cooperate in disclosing their defence. Quote this to the judge and ask for costs in addition to your claim on an indemnity basis.

Para 1.1 states its aims as being:

to enable parties to settle the issues between them without the need to start proceedings

to support the efficient management by the court and the parties of proceedings that cannot be avoided.

Imagine the judge asking the defendant what their defence is, and their counsel replying:

"We are not obliged to disclose this information".

It's almost surreal.

Thanks Bondmark for your advice, that's all very useful. I guess my next step then is to write to Vietnam airlines giving them 14 days notice of my taking them to court, and also informing them that they have a legal duty to disclose the nature of the technical problems with the aircraft?

Their actual wording by the way, was "we should advise that it is not company policy to divulge technical data involving our aircraft and with this mind therefore we are unable to give you the information that you have requested". I think that amounts to the same thing as not obliged to supply you with the information, doesn't it?

I'll let you know how I get on.

Thanks again.

kuepper

I'm thinking of starting a claim but worried if I end up in the small claims court and win, can the airline then appeal in which case could I face financial ruin by having to pay their costs (and my own) if they ended up winning?

blondmark

neilsolaris wrote: »

Thanks Bondmark for your advice, that's all very useful. I guess my next step then is to write to Vietnam airlines giving them 14 days notice of my taking them to court, and also informing them that they have a legal duty to disclose the nature of the technical problems with the aircraft?

Their actual wording by the way, was "we should advise that it is not company policy to divulge technical data involving our aircraft and with this mind therefore we are unable to give you the information that you have requested". I think that amounts to the same thing as not obliged to supply you with the information, doesn't it?

I'll let you know how I get on.

Thanks again.

OK so although you didn't mention your airline is Vietnamese, this should make no difference in terms of eligibility as you were leaving the EU ... LINK.

You should write asking whether they wish to nominate solicitors to accept service of proceedings or whether they will accept service at 4th-5th Floor University House, 11-13 Lower Grosvenor Place, London SW1W 0EX.

You should also put them on notice of your intention to claim costs on an indemnity basis for their unreasonable conduct in refusing to disclose the nature of their defence.

Best of luck with your claim.

kuepper

I've posted this in the Jet2 thread but wondered if anyone else had comments on the Jet2 reasons for delay

richardw

kuepper wrote: »

I'm thinking of starting a claim but worried if I end up in the small claims court and win, can the airline then appeal in which case could I face financial ruin by having to pay their costs (and my own) if they ended up winning?

Yes, they'll take everything, house, car, ski chalet in Andorra,

Jhooker6

We were delayed coming back from Grand Cayman in December, I submitted the claim, using the standards given, on 28th December and today a cheque for £978.72 arrived in the post!

Thank you

kuepper

richardw wrote: »

Yes, they'll take everything, house, car, ski chalet in Andorra,

have no ski chalet anywhere but have house and car, so why isn't there a big warning about this possibility in all the threads, that's what i don't understand