Compensation for delayed flights Discussion Area

111KAB

s_mobee wrote: »

It was the same airline and flight number

Treat it as a delayed flight therefore.

angel1533

Anyone heard of Claim4Flights .com or know anything about them?.

delvey

How long after returning my N180 form off should I expect a reply/contact?

widzy1

Help?!

This airline is a charter company operating via Monarch's website.
I had a 12 hour delay with them from LGW-Las Palmas in June this year.

I have sent them my claim, which i had to pay £15 to send recorded as they are based overseas in Lithuania.

They have replied stating: 'we are very sorry to inform you that the Flight was delayed due to Extraordinary Circumstances, and this is not something that could have been foreseen or controlled by the company'

The problem is - I was issued a letter from the company at the Airport on the day of travel and their excuse was that this was due to a 'crewing issue' This is on company headed paper.

Do I have any grounds to take this further and If so what are my next steps??

111KAB

widzy1 wrote: »

Help?!

This airline is a charter company operating via Monarch's website.
I had a 12 hour delay with them from LGW-Las Palmas in June this year.

I have sent them my claim, which i had to pay £15 to send recorded as they are based overseas in Lithuania.

They have replied stating: 'we are very sorry to inform you that the Flight was delayed due to Extraordinary Circumstances, and this is not something that could have been foreseen or controlled by the company'

The problem is - I was issued a letter from the company at the Airport on the day of travel and their excuse was that this was due to a 'crewing issue' This is on company headed paper.

Do I have any grounds to take this further and If so what are my next steps??

Presume this is Small Planet - if so your flight number would assist as they also have bases in Poland and Italy. Expect you did not have a ZB or MON prefix flight number.

KrisB

solobunny wrote: »

Hi,
Received a few days ago the following:
Re: ZB216 London Gatwick to Faro on 10thJune 2012

Further to your claim for delay compensation, we are writing to advise of our conclusion.
Providing our passengers with a safe and efficient service is our first priority. We would like to reassure you that every reasonable effort is made to ensure that Monarch Airlines flights depart on time and in the unlikely event we are unable to do so through disruption, we aim to provide a solution at the earliest opportunity.

As previously advised, in some circumstances passengers may be entitled to compensation for such disruption under European Union laws. However, any monetary payments are subject to certain criteria being satisfied. Under these 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. Extraordinary circumstances have been defined by the courts and the European Regulations themselves provide a non-exhaustive list of which circumstances can indeed be categorised as extraordinary.

Our records show that on arrival into London Gatwick from the previous flight, the aircraft scheduled to operate your flight was found to have suffered damage to the fuselage. Engineers attended the aircraft and ascertained that considerable investigation and tests would be required in order for the aircraft to be safe to fly. The time taken to complete this work and declare the aircraft serviceable meant that Faro airport had closed for the night and that your flight would not be able to operate that evening. Despite Monarch’s best efforts to source alternative aircraft from within the fleet and also from other third party carriers there was no availability to transfer passengers on your flight as would be our aim in circumstances such as this. As a result the flight was able to depart at the earliest opportunity the following day on the original aircraft.

Having considered the factual background of this incident, we are satisfied that the disruption in your case was caused by an extraordinary circumstance that could not have reasonably been prevented by Monarch Airlines. We are, therefore, unable to accept your claim for compensation for the reasons given.

Please do not hesitate to contact us if we can provide any further assistance or information.

Do you think your comments to 'neilsolaris' apply here?

The delay was 17hrs!!

I got exactly the same response. It was such an incredibly frustrating delay which was dealt with appallingly by Monarch - so little information provided, so much time for them to source alternative flights/planes, such poor organisation in arranging for overnight accommodation (I arrived at our hotel at 1am to be woken up at 3am for the bus back to catch the flight the following morning!). I will never ever fly with Monarch again.

Have you pursued your claim any further? I'm not sure whether damage to the fuselage counts as extraordinary circumstances or not. Even the most recent guidance on extraordinary circumstances from the NEB meeting in April 2013 (see the most recent MSE newsletter for link) seems quite ambiguous. Has anybody had any success in claiming for this flight or similar 'excuses'?

111KAB

KrisB and solobunny have valid reasons to claim. Technical problems such as this are not extraordinary. Post on Monarch thread. When you get to Court there are plenty of things you can pull them apart on, Wallentin being key but just ask for proof that they tried to source a plane from another operator - they won't have any proof.

Spanish_Trader

Hi All,

I had a flight to Australia in March 2010 via KL - the flight took off on time, but about 3 hours into the flight developed a technical problem and returned to Heathrow. I was re-booked onto the airlines next flight, which was 12 hours after the original flight had been scheduled.

Should I be claiming for a flight delay or flight cancellation? Some advice would be appreciated!

cheers,
JD

1geoff

ive had this reply from thomson:

in a limited number of circumstances regulation 261/2004 of the EU now entitles some affected customers to a payment when their flight is delayed over three hours on arrival.

the European Court of Justice has confirmed that, as the regulation doesn't say how long passengers have to bring their claims, we need to look at our national law. the supreme court in the UK has said that all claims to do with "international carriage by air" need to be brought within two years. we therefore cant consider claims for flights that were delayed more than two years ago.

am i being fobbed off or should i now take it to the CAA?

HELS

I flew with BMIBaby in 2010 but it's now been sold to IAG. Does anyone know who this company is or whether I could try claiming from them please?