Compensation for delayed flights Discussion Area

richardw

Nope snoodle, xl uk went bust, there's no money reserved for you or others.

snoodle_2

Awww i knew that wud be the case richardw.. thanks for the quick reply tho :-)

richardw

richardw wrote: »

There's http://www.bottonline.co.uk/aviation/flight-compensation-claims-form

Btw gmar96, I suggested the above because I don't think you have the necessary skills and characteristics to achieve a good result on your own, irrespective of how much time and effort you put in.

jiffers

Dear experts and fellow-travellers,

I have received a refusal of compensation from Monarch but, still feeling rather aggrieved at the extent of the delay (over seven hours), I feel obliged to pursue the claim, if possible.

Brief details are:-
Scheduled arrival time in Manchester was 20:30 GMT on 27th March 2011
Actual arrival time in Manchester was 03:48 GMT on 28th March 2011

I completed, and submitted, the "EU Compensation Claim Form" and attached to it Monarch's own "Flight Delay apology" email which they sent to me the day of our return to Manchester. In that email they say "If you have a travel insurance policy, you may be entitled to make a claim" and they also attached a PDF file containing proof of the delay.
That, in itself, seems to imply that they agree that something had happened which was of such significance to possibly lead to a claim against my insurance policy.

Within a calendar month of my having submitted my claim form, Monarch emailed me to say that "Our records show that your flight was delayed due to technical problems within the Monarch fleet" which led to "insufficient aircraft from within the fleet to operate your flight on time". This, they claim, represents the "extraordinary circumstance that could not have reasonably been prevented by Monarch Airlines", and duly rejected my claim.

Running a fleet of aircraft ought to bring with it a responsibility to have sufficient spare capacity to cope with the unexpected, in my opinion. Does the law, in this case agree with Monarch or is my position a reasonable one and do I pursue the claim further?

I would welcome any constructive advice at all, since I really do not like having the wool pulled over my eyes by corporate suits.

With thanks in anticipation,
Geoff (aka Jiffers)

Vauban

Geoff: Have a look at the Monarch thread, including the FAQs on page one. If you want to take this further - through court action yourself or with a NWNF lawyer - almost everything you need is in the FAQs. Have a look too at the Facebook page "monarch complaints" for more useful links and allies.

jiffers

Many thanks for your speedy response, Vauban. I will check out the FB page, later. I already checked the MSE Forum page which lists flight numbers that have been successful or not, but the flight involved in my case does not appear in either category.
Cheers,
Geoff

David_e

Radio 4 Moneybox programme have a feature on delay compensation now. It'll be available on iPlayer later.

111KAB

David_e wrote: »

Radio 4 Moneybox programme have a feature on delay compensation now. It'll be available on iPlayer later.

https://www.facebook.com/MonarchComplaints/posts/232992410217724

Vauban

David_e wrote: »

Radio 4 Moneybox programme have a feature on delay compensation now. It'll be available on iPlayer later.

Did I mishear, or did Iain Osbourne say he'd never heard of the expression "unexpected flight safety shortcoming" and didn't know what it meant? Er, have you ever actually read Regulation 261/04, Iain?

I think he also confirmed that the CAA supported the airlines in "more than half" of the occasions a case is referred to them. Which confirms what I and others have been saying. He also confirmed that the CAA hadn't taken action over the airlines' handling of compensation requests, as there were no legal rules. Erm, then what is the Regulation? And he said - all too readily - that the CAA couldn't/wouldn't make the airlines pay, even if they thought they should.

So what I take away from this is: apply to the CAA and have a 40% chance of them agreeing with you, but not enforcing that. Or start legal action, where the stats have a 90% success rate (even if you have to wait for the Dawson and Huzar judgements to run their course first).

No brainer, really.

maggiesharm

Hi, Please forgive me if not using correct forum etiquette etc, but first time used! Booked a package holiday through Thomas Cook to Egypt in July 2007 for 3 people which was delayed by 4 hours coming home. I booked by credit card. Just looked at my ticket, (I knew I horded stuff for a reason!) but we travelled with Astreus airlines, who I now believe may not be trading! So my question is, who do I try to claim my refund back from? Thank you