Compensation for delayed flights Discussion Area

Baldylocks

Good afternoon

I am actually trying to help my parents, whose flight from Malaga to Gatwick on Monarch was delayed for about 12 hours back in June. They followed the proceedure and submitted their claim forms and supporting documents in July 2013. They received an email acknowledging receipt of these on 25th July 2013 but since then have been ignored.

Dad has sent a chasing email each month but to no avail. I know they can appeal to the European Regulator if Monarch reject their claim, but can anyone kindly advise me whether they can complain that Monarch have not bothered to make a decision either way?

Any help gratefully received

socrates1882

magsedin wrote: »

Hello.I have just been informed by Thomas Cook that I will not be entitled to compensation as my flight from Glasgow to Orlando was not delayed for 4 hours.It was delayed for over 3 hours though.They say that if it is over the 3500 kms then the 3 hour delay does not qualify.I have coped the table on your first page and it does say the 3 hour delay would qualify.Does anyone have any idea if what they are saying is correct.thanks.

Up to 1,500km, eg, London to Paris 3 hours+ €250 (£210)
1,500km-3,500 km, eg, London to Istanbul 3 hours+ €400 (£340)
3,500km+, eg, London to New York 3-4 hours €300 (£250)
4+ hours €600 (£510)
Sterling figures based on the early September 2013 exchange rate of €1.18 to £1

The airline is not correct. That table provided is correct.

Francesca1975

Lyngilly wrote: »

Just got this reply back from Monarch, can anyone advise what I should do now. Thanks
Re: ZB641 Larnaca to Manchester 02nd October 2013

Further to your claim for delay compensation, we are writing to advise the outcome of our investigation into your case.

Monarch Airlines aims as its first priority to provide its passengers with a safe and efficient service. We would like to reassure you that every reasonable effort is made to ensure that our 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 delay arising from 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 the aircraft scheduled to operate your flight suffered a landing gear failure during its landing into Larnaca, this meant the gear had to be extended manually and as a result the aircraft was grounded by engineers once the aircraft was parked. In order to minimise the disruption to your flight our operations team arranged for a rescue aircraft to be sent to Larnaca in order to complete your flight. Unfortunately these events led to an unavoidable delay to the departure of your flight

Having considered the factual background of this case in accordance with the published guidelines, we are satisfied that the disruption 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.

All flight delays are fully documented in accordance with the requirements of our regulator and the relevant legislation in place. Please note that this documentation cannot be disclosed to passengers nonetheless we actively supply this to the Civil Aviation Authority and National Enforcement Bodies upon request.


Yours Sincerely,

Sophie
Customer Service Centre Advisor
EU Claims
Monarch:mad::mad:

This looks like a standard 'avoidance' letter. I had a few of these before I registered my claim online with Sky Legal EU. Don't know how they sorted my claim, but I got the pay-out pretty quick.

I wouldn't bother complaining to the Civil Aviation Authority as I heard they take forever to decide your case. If I had to do it again, I would use SLEu again instead of wasting time and energy writing multiple letters to the airline. Good luck!

Jonnyboy1213

Hello i was delayed 7 hours with strategic airlines flying from manchester to crete, has anyone claimed against these and had any joy? Also has anybody got an address or email addres to send the letter of complaint to as i cant seem to find anything.

razorsedge

Jonnyboy1213 wrote: »

Hello i was delayed 7 hours with strategic airlines flying from manchester to crete, has anyone claimed against these and had any joy? Also has anybody got an address or email addres to send the letter of complaint to as i cant seem to find anything.

Was your flight in the past 12 months or before October 2012?

It looks like Strategic (who were based in Luxembourg) went into administration in Oct 2012. Some info on that here:

http://www.seatplans.com/airlines/strategic-airlines

If an airline has gone bust, then regardless of the merits of your compensation claim, unfortunately you will not get anything.

111KAB

Copy of email received today ....

Dear xxxxx,

Following our e-mail exchanges of September and in reply to your latest messages of October, I would like to tell you the following.

Indeed the European Ombudsman has received a complaint against the European Commission in relation to the publication on the Commission's website of the document 'Preliminary list of extraordinary circumstances following the National Enforcement Bodies (NEB) meeting held on 12 April 2013'. In light of the comments received from the Ombudsman, the Commission has now revised the first page of the document. In the title of the document the word "Preliminary" is replaced by "Draft". The phrase "Understanding between NEB-NEB" is added as well as a new disclaimer which states: "This document has been published at the request of the NEBs. This document is for information and guidance. The content of this document has not been adopted or in any way approved by the European Commission and should not be relied upon as a statement of the European Commission's position." The new version of the document has been uploaded on our website.

I also take this opportunity to recall that the Commission proposed the revision of air passenger rights on 13 March 2013. This proposal is now being further discussed by the legislators. As part of this revision, the Commission has proposed a clear definition of extraordinary circumstances (in line with Wallentin Case C-549/07) and an annex with a non-exhaustive list of circumstances considered as extraordinary.

I hope you will find these clarifications useful.

Yours sincerely,


Jean-Louis Colson
Head of Unit


European Commission
Directorate General for Mobility and TransportUnit D4 - Passenger rights

JPears

111KAB wrote: »

Copy of email received today ....

Dear xxxxx,

Following our e-mail exchanges of September and in reply to your latest messages of October, I would like to tell you the following.

Indeed the European Ombudsman has received a complaint against the European Commission in relation to the publication on the Commission's website of the document 'Preliminary list of extraordinary circumstances following the National Enforcement Bodies (NEB) meeting held on 12 April 2013'. In light of the comments received from the Ombudsman, the Commission has now revised the first page of the document. In the title of the document the word "Preliminary" is replaced by "Draft". The phrase "Understanding between NEB-NEB" is added as well as a new disclaimer which states: "This document has been published at the request of the NEBs. This document is for information and guidance. The content of this document has not been adopted or in any way approved by the European Commission and should not be relied upon as a statement of the European Commission's position." The new version of the document has been uploaded on our website.

I also take this opportunity to recall that the Commission proposed the revision of air passenger rights on 13 March 2013. This proposal is now being further discussed by the legislators. As part of this revision, the Commission has proposed a clear definition of extraordinary circumstances (in line with Wallentin Case C-549/07) and an annex with a non-exhaustive list of circumstances considered as extraordinary.

I hope you will find these clarifications useful.

Yours sincerely,


Jean-Louis Colson
Head of Unit


European Commission
Directorate General for Mobility and TransportUnit D4 - Passenger rights

Yeay!
Did we ever find out who was the instigator of this NEB conclave and who the actual representatives were? The minutes should surely be available for public consumption?

DHE

:T

Thomas Cook paid up, by bank transfer within 8 days of logging the complaint with them. They offered a voucher first which we decline and then settled in cash.

Rich50

Hi all,

New to this forum and have had a brief look through but not 100% clear on my question.
Put in a claim to BA the other day for 22 hr delay to Singapore. Plane got to start end of runway and just before going flaps failed on one wing. They tried hard to fix but in the end had to stop and try the next day.

Sent an e-mail to BA who replied very quickly but just gave me 6000 miles and apology.

The bit I am struggling with is if this is BAs fault or out of their control?

Cheers

phileb

Hi - Flight delayed - Extraordinary circumstances - when do they come to an end ?


Perhaps someone can enlighten?


The situation is this - our Monarch flight ZB7448 - EMA- Malaga was due to take off at 07:00 Sunday 24 March 2013 . But the airport was closed due to snow. (the same thing happened on the Saturday 23).
It reopened at 12:00 , flights started taking off and landing. Including a Thomson flight flying to Malaga same departure times. Monarch - (no information available from anyone - no vouchers, airport help desk didn't know what was happening.
The only info was the TV's - saying delayed more info at 12:00 then display boards changed showing a 15:00 departure.


Our plane airbus a320 had been sitting at the airport since 07:00.
We thought we were going to catch that.
No Monarch had decided in their wisdom to send a substitute airbus a300-600 up from Gatwick. Well it was 17:30 before we actually took off.


They rejected my claim for compensation and expenses for food & drink saying it was extraordinary circumstances - We even had to pay for out of hours car- hire as well .


Question the airport re-opened at 12:00 . Can they claim this was all extraordinary - ?
or Our original plane was made ready to fly to FARO - which was the next route our plane should have taken .


Would love some advise - have been checking for snow / postings .


CAA don't seem to much help either -
thanks