SUCCESS with MONARCH

georgedaviesce

Hi all - I'm new to the forum - just thought I would share my success with Monarch after a long battle. Resent my email yesterday after the ruling in Sept 15 ruled in favour of extraordinary circumstances. My original claim was rejected due to fuselage damage with could not have been foreseen. The information provided on this forum was incredibly useful - I'm from a criminal justice background so know some of the lingo so hopefully my letter will help some of you.

Yippee! Good luck to everyone else.

George

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Dear Mr and Mrs George

I am sorry to learn of the disappointment that prompted your correspondence. Providing our customers with a safe and efficient service is our first priority. I would like to reassure you that every effort is made to ensure the flights depart on time and in the unlikely event we are unable to do so, we aim to get you to your destination at the earliest opportunity. That said our ability to keep disruption to a minimum is always dependant on the resources available to us on the day.

I can confirm that your claim for compensation has now been assessed and you are entitled to compensation in accordance with EU Regulation EC261/2004 due to your delay.

In line with the above a cheque to the value of £457.25 (the Sterling equivalent of €600.00 based on today’s Reuters exchange rate) will be sent to each individual within twenty eight days. Please be aware that payments for children will be incorporated in the total value of the cheque forwarded to the adult who submitted the claim on their behalf.

If you have contacted the Civil Aviation Authority (CAA) regarding your claim, or the National Enforcement Body (AESA in Spain) responsible for the country you departed from. We would kindly request that you instruct the relevant authority that your claim has been resolved in order to close your case.

For your reference if you have another claim for an alternative delayed flight to the above this will be responded to separately.

Best regards

EU Claims Advisor
Monarch Airlines


Sent: 27 January 2016 12:25
To: EU Claim
Subject: Compensation Claim

To whom it may concern:

I have been contacted by the CAA recently to advise me that I may want to re-submit my rejected claim made a couple of years ago.

I draw your attention to the September 2015 ruling as outline below;

Sept 2015: The European Court of Justice confirmed in the van der Lans v KLM case that technical problems are not "extraordinary circumstances", meaning passengers are entitled to claim compensation.

I have also found the following extract which clearly defines the court's ruling;

"The court found that technical problems, whether unexpected or discovered during routine maintenance, are not extraordinary circumstances, meaning passengers are entitled to claim compensation. It said this is because technical faults, even those caused by unexpected events, are inherent in the normal exercise of an air carrier's activity."

My most recent correspondence with yourselves (I now draw your attention to highlighted green area below) which clearly states an a technical problem rendered the aircraft unable to fly and this was was of a result of "extraordinary circumstances".

Having sought legal advice, I am advised that now I have bought this to your attention, further delays in processing the claim may be construed as wilful breach of European Court Law.

I look forward to hearing from you soon.

Regards,

George

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Forwarded message

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From: "EU Claim" <EUClaim@monarch.co.uk>
Date: 14 Nov 2013 10:37
Subject:

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 are sorry for the delay you experienced that has led to your claim for compensation. 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 due to fuselage damage, an aircraft within the fleet was unserviceable and therefore unsafe to fly. Despite Monarchs best efforts there were no alternative aircraft with sufficient capacity to operate your flight. As a result there was a further delay due to the aircraft having to stop in Luxor to re-fuel. Despite our best efforts 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,

EU Claims Customer Advisor
Monarch Airlines
Email:EUClaim@monarch.co.uk

Tyzap

Well done George and thanks for posting.