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monarch airlines ZB613 28-07-2012

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please can anybody help?? had this reply from monarch airlines... is this a reasonable excuse for ec....




Re ZB613 Las Palmas to Manchester 28th July 2012


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 originally scheduled to operate your flight suffered a burst tyre on landing, and for safety reasons the aircraft was declared unserviceable until the problem could be rectified. In order to reduce the length of your delay and minimise the disruption to passengers, passengers on your flight were transferred to the first available aircraft from within our fleet. As a result these events led to a delay in the scheduled departure time of your flight.


Having considered the factual background of this case, 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.


Yours sincerely,


Sophie Etchells
Customer Service Centre Advisor
Monarch Airlines
[EMAIL="EUclaim@monarch.co.uk"]EUclaim@monarch.co.uk[/EMAIL]

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