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ZB278 Gatwick to Barcelona 22nd June 2013
ukwendy
Posts: 19 Forumite
Has anyone had any joy in getting compensation for this delay? We were delayed at Gatwick airport for 9 hours after the first plane had instrument problems and the replacement plane needed to have a wheel changed before it could take off! We left 9 hours to the minute after our scheduled departure and effectively lost one whole day of a 3 night break in Barcelona. We have claimed through Monarch and were refused compensation - we then declined to accept that response and asked them to reconsider but have now been told that they do not consider compensation is due:
[FONT="]For your reference the fault which occurred was not caused by a failure to maintain the aircraft. The component which failed is considered ‘on condition’ which refers to parts which should not require unscheduled maintenance or replacement during normal operational service. When parts such as this fail during normal operation when maintained in accordance with the relevant maintenance programme this is an unpredictable event. [/FONT]
[FONT="]In direct reference to the recently released EC guidelines regarding extraordinary circumstances you will note that failure of on-condition monitored parts when they have been correctly maintained in addition to any technical defect which becomes apparent immediately prior to departure or in-flight which require investigation and/or repair before the aircraft is airworthy for the intended flight are considered an extraordinary circumstance.[/FONT]
[FONT="]How can exceptional circumstances apply to TWO separate incidents on the same flight??[/FONT]
[FONT="]Any advice/thoughts will be gratefully received?[/FONT]
[FONT="]Thanks
[/FONT]
[FONT="]For your reference the fault which occurred was not caused by a failure to maintain the aircraft. The component which failed is considered ‘on condition’ which refers to parts which should not require unscheduled maintenance or replacement during normal operational service. When parts such as this fail during normal operation when maintained in accordance with the relevant maintenance programme this is an unpredictable event. [/FONT]
[FONT="]In direct reference to the recently released EC guidelines regarding extraordinary circumstances you will note that failure of on-condition monitored parts when they have been correctly maintained in addition to any technical defect which becomes apparent immediately prior to departure or in-flight which require investigation and/or repair before the aircraft is airworthy for the intended flight are considered an extraordinary circumstance.[/FONT]
[FONT="]How can exceptional circumstances apply to TWO separate incidents on the same flight??[/FONT]
[FONT="]Any advice/thoughts will be gratefully received?[/FONT]
[FONT="]Thanks
[/FONT]
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