Have you tried to claim compensation for flight delays?

Vauban

richardw wrote: »

Nice, but if a full response is not forthcoming, then what else are passengers supposed to do.

They are supposed to trust to the integrity and fairness of Monarch Airlines' processes. Obviously.:D

glentoran99

moneysaver1969 wrote: »

Hi is any body else trying to claim from monarch and keep getting the same email every 6 weeks. How long can they go on for ?

See below
As per our previous correspondence, we are continuing to process a high volume of EU261 delayed flight customer claims following the Huzar-v-Jet2.com case. I am sorry to advise you that we are not currently in a position to finalise your claim and we do apologise for the length of time this is taking. However, please be assured that we are doing all we can to process your claim quickly and will we continue to keep you updated as to our progress.

We kindly ask that customers refrain from emailing or telephoning the EU Claim Team to chase the outcome of their claim as this is impacting on our ability to effectively review all claims in the timely manner desired. Please be aware that the EU Claim Team cannot prioritise claims which are chased via telephone or email.

This is a further acknowledgement and should be treated as such. We would again like to make any customers aware who may consider issuing legal proceedings for reasons other than their claim becoming time barred under the Limitation Act, that if proceedings are issued we will have no hesitation in bringing this correspondence to the attention of a Judge as it reflects our efforts to communicate with customers proactively whilst working through the high volume of claims requiring action. If proceedings are issued following this acknowledgement, but prior to our full response being provided to you, please be aware that by reason of our commitment to communicate with you we will seek to recoup our legal costs which we will incur from defending such claims.

In the event that we have not yet reached a decision on your claim and we are approaching a further 6 weeks from the date of this letter, we will send you a further update.

Thank you for your understanding.

moneysaver1969 wrote: »

Has been going on since Sept 2014

Only got paid out a few weeks ago for a flight in 2011

SLTraveller

First time in forum... Apologies for the long post.

Please see below my email to Etihad where we "arrived" 7 hours late to our honeymoon destination. Tickets were not individually booked but they are not playing ball. Please see my original email and feedback from Etihad... Am i entitled? Would appreciate some advice

My email:

Re: Compensation claim for delayed flight
Booking reference: HAPHXZ

I am writing regarding connecting flight EY20 & EY4123 on 16th September 2013 from London Heathrow to Seychelles International Airport with the scheduled departure time of 14:45pm. We arrived 7 hours late at Seychelles International Airport. The delay at Heathrow led to the connecting flight being missed.

The judgment of the Court of Justice of the European Union in Tui & others v CAA confirmed the applicability of compensation for delay as set out in the Sturgeon case. As such, I am seeking compensation under EC Regulation 261/2004 for this delayed flight.

The passengers in the party were XYZ & YZX

My scheduled flight length was 8850, therefore I am seeking €600 per delayed passenger in my party. The total is €1200 for all passengers.

For reference please see attached our original documents.

I look forward to a full response to this letter within 14 days. If I do not receive a satisfactory response I intend to pursue my complaint further, which could mean taking it to court.


Response from Etihad 22/02

Thank you for your correspondence.

As a customer focused airline, we value our guests’ feedback and perspectives, so I appreciate the time you have taken to let us know about your experience when you travelled with us in September 2013.

You have every right to expect punctuality from Etihad Airways, and I can assure you that we do everything we can to maintain good performance. However, sometimes, unforeseen circumstances prevent us from operating our flights on schedule. On this occasion, the 01 hour and 41 minutes delay on your flight EY20 from London to Abu Dhabi on 16 September 2013 was due to the late arrival of the inbound flight.

Without question, Etihad fully accepts that any disruption is a major frustration to our customers, and of course, is equally frustrating towards our own aim to provide guests with the reliable service they demand, deserve, and are accustomed to.
Furthermore, I regret to learn that due to this delay you missed your onward flight to Seychelles. Although I understand that you were rebooked on an alternative flight, I can appreciate your disappointment, and I hope that you will accept our sincere apologies for any inconvenience caused.

XXX, it was certainly never our intention to leave you feeling unhappy with the services provided. Therefore, as a gesture of goodwill, I would like to offer you 10,000 Etihad Guest miles each.
These miles can be utilised towards future Etihad flights, and/or any of the 6,000+ rewards available in the Etihad Guest Reward Shop. For further information, please visit the Etihad Guest page on our website at .

Guests may also choose to convert their miles to points or virtual credit with PointsPay which can be used anywhere that accepts VISA card, both online and in stores; over 30 million different options. This is available exclusively to Etihad Guests and can be accessed via the website at

I hope that you will accept them as an extension of our apology for your experience on this occasion. If you are not already members of our programme you can enroll at. Once completed, please advise me of your Etihad Guest numbers, and I will ensure the miles are credited accordingly.

Further to your request, please allow me to explain that, compensation under EC261/2004 regulation only applies to those of our flights affected by delays of 04 hours or more and are originating from an EU airport. Therefore, as your flight EY20 on 16 September 2013 was delayed for 01 hour and 41 minutes, you are not eligible for EC261/2004 compensation.

In closing, I would like to thank you for writing, and it is my hope this experience has not permanently marred your opinion of Etihad Airways.


My 2nd response to challenge above:

Thank you for your email below.

I do not accept your offer of 10,000 guest miles as i am entitled to compensation based on the said regulation.

“Further to your request, please allow me to explain that, compensation under EC261/2004 regulation only applies to those of our flights affected by delays of 04 hours or more and are originating from an EU airport. Therefore, as your flight EY20 on 16 September 2013 was delayed for 01 hour and 41 minutes, you are not eligible for EC261/2004 compensation”

In response to your comment above, please allow me to explain that the delay length is calculated using the time the flight arrives at its destination — not the departure time. The scheduled arrival time was 06:35am, we arrived 7 hours late. Both legs of the trip were booked on the same ticket so what matters is what time we arrived at our final destination. Under EU Law, we are entitled to compensation given we missed our connecting flight, and arrived at our final destination 7 hours late for which Etihad was responsible. This is information has been provided by the Civil Aviation Authority (CAA).

Furthermore, the holiday was our Honeymoon for which we purposely chose Etihad given its excellent reputation, unaware that we would have a nightmare journey to start what would be the most important few weeks as a married couple.

I would like to give you the opportunity to review the regulation criteria once more and settle our claim. If the claim is not settled direct with Etihad we will be pursuing this with the Civil Aviation Authority as well as providing negative feedback on our experience.


Latest reponse from etihad:

Thank you for your response.

I do appreciate that your experience on this occasion was not as you, or indeed we would have liked, and once again I would like to offer my sincere apologies.

However, please be advised that we do not offer miles as a matter of course, and we believe the offer of 10,000 Etihad Guest miles each to be a generous one, and one which unfortunately we are unable to improve on.

If you would like to accept this offer, please do let me know your Etihad Guest numbers and I will ensure the miles are credited to your accounts.

Further to your concerns, please allow me to explain that, EC261/2004 compensation is only applicable for delays of 4 hours or more on flights departing from an EU airport. EC261/2004 compensation is not applicable if, due to a delay of less than 4 hours on the flight departing from an EU airport, a guest misses his/her onward connecting flight departing from Abu Dhabi and arrives at his/her final destination 04 hours or more later than originally scheduled.

On behalf of Etihad Airways, I would like to thank you for allowing me the opportunity to review your concerns.

Vauban

There is some debate about whether connecting flights are covered or not, but I think this case would be. The case law is Folkerts. Search for that, and for "connecting flights" to read others' experiences (and the debate). Plus my guide.

NoviceAngel

This may be of help http://forums.moneysavingexpert.com/showpost.php?p=67242002&postcount=7829

Yes, Vauban there is a whole thread about the debate, I'm trying to find it....

JPears

I think the argument for the connecting flight is sound, where the connection is outside of the EU, on a single ticket. Why should it be any different when theflights are wholly within the EU? I have seen nothing in the regulation which would say otherwise.
What we may see is airlines issuing very definite seperate tickets for such flights in an attempt to mitigate possible liabilities.

NoviceAngel

NoviceAngel wrote: »

This may be of help http://forums.moneysavingexpert.com/showpost.php?p=67242002&postcount=7829

Yes, Vauban there is a whole thread about the debate, I'm trying to find it....

Here it is, https://forums.moneysavingexpert.com/discussion/5128329

remember it well now

Vauban

JPears wrote: »

I think the argument for the connecting flight is sound, where the connection is outside of the EU, on a single ticket. Why should it be any different when theflights are wholly within the EU? I have seen nothing in the regulation which would say otherwise.
What we may see is airlines issuing very definite seperate tickets for such flights in an attempt to mitigate possible liabilities.

I share your instinct, JP. But I know that those of a more legal bent are sceptical - it's to do with the definition of a "flight" apparently, with a journey comprising several flights. There has to be a delay,as I understand it, with the EU part of the journey (the EU flight) for the Regulations to kick in. If the delay is entirely out of the EU area, then apparently the Regulation probably doesn't apply (even if the journey started in the EU).

moneysaver1969

glentoran99 wrote: »

Only got paid out a few weeks ago for a flight in 2011

Did you receive the same email every 6 weeks asking to wait another 6 weeks ?

NoviceAngel

moneysaver1969 wrote: »

Did you receive the same email every 6 weeks asking to wait another 6 weeks ?

Virtual Prize awarded for the MSE member with the highest number of six week emails from Monarch ?!?!

Play the game, if you like ping pong or just issue the NBA but don't let it go on for six years!!!