Compensation for delayed flights Discussion Area

carminekitsune

So I'm working on a claim to Monarch for a delay back in 2011, where me and the friend I was travelling with landed 7 hours and 43 minutes behind schedule due to a technical fault.

Based on those, we should definitely be entitled to something. My question is that we were flying from Gatwick to Alicante, which is a distance of 1450km. That falls just 50km short of the threshold between claiming €250 and €400 (ie above 1500km its the lower amount and above the higher). Would I be able to round the distance up so I can claim €400? Especially since the delay was almost 8 hours meaning we lost a full day off our holiday!

What I was thinking of doing is submitting a claim requesting the higher amount, saying I know it falls just below the threshold but I believe they should take into consideration the relatively minuscule difference in distance compared to the massive delay, but I'm a little worried that they'll reject the claim straight out and we'll end up getting nothing. Any advice?

austin9658

moonpigs wrote: »

Hi myself and my wife caught a plane from LBA to Cyprus in 2011with jet2 when halfway there at 38000ft the plane caught fire and made an emergency landing in the macedonian mountains. Everybody on the flight thought they were going to die. They put us up in a hotel with no air conditioning and miles from the hill Billy airport that I wouldn't fly a kite from. We arrived in Cyprus 27 hours later. Can we make a claim for a delay?

Vauban wrote: »

I wish you well with your claim.

111KAB wrote: »

Yes you can.

I am little bit confused with the statement of Vauban and 111KAB, doesn't this case fall under "Extraordinary Circumstance".

Caz3121

carminekitsune wrote: »

My question is that we were flying from Gatwick to Alicante, which is a distance of 1450km. That falls just 50km short of the threshold between claiming €250 and €400 (ie above 1500km its the lower amount and above the higher). Would I be able to round the distance up so I can claim €400?

Under 1500km is under 1500km and is €250
you cannot round the distance up

austin9658

carminekitsune wrote: »

So I'm working on a claim to Monarch for a delay back in 2011, where me and the friend I was travelling with landed 7 hours and 43 minutes behind schedule due to a technical fault.

Based on those, we should definitely be entitled to something. My question is that we were flying from Gatwick to Alicante, which is a distance of 1450km. That falls just 50km short of the threshold between claiming €250 and €400 (ie above 1500km its the lower amount and above the higher). Would I be able to round the distance up so I can claim €400? Especially since the delay was almost 8 hours meaning we lost a full day off our holiday!

What I was thinking of doing is submitting a claim requesting the higher amount, saying I know it falls just below the threshold but I believe they should take into consideration the relatively minuscule difference in distance compared to the massive delay, but I'm a little worried that they'll reject the claim straight out and we'll end up getting nothing. Any advice?

I wish you to go with you claim. But I don't think so airlines will agree to pay you €400 instead of €250. Who wants to pay more if he is legally right.

carminekitsune

Caz3121 wrote: »

Under 1500km is under 1500km and is €250
you cannot round the distance up

Cheers for the response Caz EDIT: And austin too!

So €250 is how much they are obligated to give me as it were? Annoying, but understandable!

That said, could I try to use my awesome powers of persuasion to get them to give me something extra voluntarily? Or is that a risky move that would affect my claim? I'm just nervous of giving them any reason to deny my claim!

111KAB

"I am little bit confused with the statement of Vauban and 111KAB, doesn't this case fall under "Extraordinary Circumstance".


A technical problem with a plane is an ordinary happening (every minute of every day a plane goes tech) and not an extraordinary circumstance. In addition a 27 hour delay in respect of a four hour flight is ridiculous and the airline should have bought in a substitute rather than delaying passengers for over a day. The recent rejection of the Huzar -v- Jet2 appeal by the Supreme Court confirms technical problems are not extraordinary.

Caz3121

carminekitsune wrote: »

That said, could I try to use my awesome powers of persuasion to get them to give me something extra voluntarily? Or is that a risky move that would affect my claim? I'm just nervous of giving them any reason to deny my claim!

the levels of compensation are set in the regulations. The airlines would rather give you nothing so I think encouraging them to try to give you more than your legal entitlement is going to be next to impossible. If your travel insurance makes payment for this length of delay there is nothing to stop you claiming from them too

austin9658

carminekitsune wrote: »

could I try to use my awesome powers of persuasion to get them to give me something extra voluntarily? Or is that a risky move that would affect my claim? I'm just nervous of giving them any reason to deny my claim!

I appreciate if you have believe that your excellent power of persuasion make airlines pay more, then you must do it. BTW someone said " Take risk if you win you will lead if you lose you can guide"

Andrew_Fish77

Reply from Monarch rejecting my claim - ZB228

Not sure what to do next, with the response from Monarch, to me the fault with the right hand main landing gear is a technical fault - is this Monarch trying to fob me off? What should I do next?

Our records show that the aircraft scheduled to operate your flight suffered a fault with the right hand main landing gear. As I’m sure you can appreciate safety is our priority, consequently the fault had to be rectified before the aircraft could be declared serviceable.

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.

legal_magpie

Andrew, this reply was probably sent (or dictated) before the Supreme Court decision. You should send them a letter before action mentioning that decision and giving them a reasonable period to accept the claim (probably 14 days) or else. If they still refuse or fail to reply within the deadline, sue 'em.