Compensation for delayed flights Discussion Area

suelees1

You'd be better on the Monarch page https://forums.moneysavingexpert.com/discussion/comment/60808261#Comment_60808261

This same question has been answered dozens of times. There's tons of advice on that forum

Vauban

LIMPIT wrote: »

Can anyone advise what my next step should be please ;
We were delayed by nearly 6 hours at Innsbruck Airport waiting for a Monarch flight to arrive from Gatwick.
After reading the tips on this site, I contacted Monarch, completed their application form for compensation and was looking forward in receiving the guideline amount of 250 euros.
Received letter from Monarch stating that " Under European 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"
Monarchs records show that the aircraft developed a flight deck switch fault which affected the aircrafts emergency lighting, this rendered the aircraft unserviceable and unsafe to operate.
Engineers attended the aircraft and established a replacement switch was required that was sourced and shipped to Gatwick and this caused the delay.
And as a result Monarch very conveniently consider the circumstances of this delay as being "extraordinary" and outside their control, so they are unable to accept the claim for compensation.
I would really appreciate any further help

The fact that you seem surprised suggests you probably haven't read-up much of what's around here. As Sueless says, go to the Monarch thread and read the FAQs on page one. They're a good place to start - with useful links - and contain help on what to do next.

BUT ... don't assume this is going to be easy. You won't get your money from Monarch without quite a fight.

l.walton

MrHeart wrote: »

Further to my previous posts, and with no luck through solicitors provided by Legal Expenses Insurer, a final letter to Singapore Airlines has yielded results. The day before I was to issue court proceedings Singapore Airlines have made a full settlement of my claim.:j
The message I would send to all frustrated claimants is Don't Give Up.
Good luck to all.

Hi,

Just wondering what address you used for Singapore airlines? I put in a claim against them months ago and have not heard a word.

thalia22

This is a legal question that I require clarification on, and if my understanding is correct or not. In a codeshare situation between three airlines, British Airways (BA), American Airlines (AA), and Iberia Airlines (IB), and the flight operator, and the aircraft of the codeshare is BA, then is BA liable for Claims under EU261/2004, even if your flight ticket has been issued under either AA, or IB. I suspect that the claim would be made against the actual operator BA should the need arise.

Vauban

thalia22 wrote: »

This is a legal question that I require clarification on, and if my understanding is correct or not. In a codeshare situation between three airlines, British Airways (BA), American Airlines (AA), and Iberia Airlines (IB), and the flight operator, and the aircraft of the codeshare is BA, then is BA liable for Claims under EU261/2004, even if your flight ticket has been issued under either AA, or IB. I suspect that the claim would be made against the actual operator BA should the need arise.

Yes - your claim is against the airline that actually operated the flight - regardless of whom you bought your ticket from. This can work against you, for example, if you buy a return ticket to the US with BA, and the return leg is operated by an American airline on a codeshare agreement: you would be entitled to no compensation under 261/04 if that flight were delayed.

kevstarkie

OK after some advise as Virgin have finally got back to me after about 20 weeks of waiting.

As expected they have rejected my claim on the grounds that the delay was caused by extraordinary circumstances that were beyond their control and could not of been avoided even if all reasonable measures had been taken.

They then go on to say that my flight was delayed because of an unforeseen technical issue that came to light after departure. After take off it says the captain reported a smell of smoke and abnormal vibrations so as a precautionary measure we returned to Orlando.

Upon lading hey say their engineers began troubleshooting, they managed to identify the fault and started to fix the issue, however more time was needed to rectify the problem. After looking into all avenues they were left with no option but to delay the service overnight.

They then go on to say having looked through the engineers reports this particular issue had not been encountered or reported on the aircraft's previous sector, they also state that the aircraft did take off safely after all preliminary departure checks had been carried out with no cause for concern.

They then finish by saying it would be an intolerable sacrifice for them to keep a spare aircraft as well as a stand by crew in the rare chance that they would be used.

So I'm asking for advise on what to do next if at all but by reading that I say how can it be extraordinary circumstances out of their control if they then go on to admit it was a problem with their aircraft? Also i get their point about a spare aircraft and crew but after the overnight stay it was still about 24hrs late leaving the second time, I know that an aircfrat flies in earlier than the evening return flight so why did we have to wait even longer to leave? Whats everyones thoughts and advise please?

kevstarkie

From doing more reading in last hour or so, am I right in thinking I should send a NBA letter, then 14 days after that fill in the MCOL form and go from there?

Vauban

kevstarkie wrote: »

From doing more reading in last hour or so, am I right in thinking I should send a NBA letter, then 14 days after that fill in the MCOL form and go from there?

If you want to pursue your claim, yes.

kech_2

I'm trying to claim compensation from Germanwings for an 11 hour delay in 2012 and have contacted them repeatedly, as have the CAA on my behalf with no response (although they have compensated the friend I travelled with!). I started filling out a MCOL online form but how do you make a claim if they are not based in the UK?

Would appreciate any advice on this!

Thank you!

Holiday_Happy

Thank you so much for alerting us on flight delay compensation. Our party of five were booked on a Continental flight from Glasgow to New York in November 2008 & the flight was delayed 7.5 hours. Continental were taken over by United Airlines since 2008 so I emailed them and within five weeks we were offered either $1000 travel vouchers each or €600 cash each. The money has now been transferred to our bank. Many thanks.