Compensation for delayed flights Discussion Area

LBD wrote: »

Just witness statements from head of operations only 3points made by him....it cost monarch 2,500 to 3000 to reposition the aircraft...then claims manager...explaining her role and the 28day period for dealing with the claim...Lol we were unlucky and the volume of claims made it difficult.....

Can scan and send

LBD wrote: »

111 am happy to give you copies, you need to given me details of wehre lol...... :beer::beer:

LBD,

Thanks for sharing these three statements from Monarch. I was going to PM you, but in truth what I am about to write does not compromise your chances of success and may be of interest to others.

These three statements are almost entirely irrelevant:

- The customer service manager tries to explain why they took so long to respond to your request for compensation: I don't find it very credible, but frankly it is not cardinal to any of the issues under examination. So I'm not sure what value it adds;

- The statement from the operations manager confirms your aircraft was broken, and that they flew another plane in from another London airport to service your flight. The statement does not address AT ALL any of the other efforts that Monarch should have taken ("all of its resources" short of intolerable sacrifices) to prevent your delay. Where is the evidence of sourcing another Plane or trying to put you on another airline's flight?

-Finally, the statement from the engineer is mostly just detail. The important point is in the last para, where he says that because the technical fault was not preventable (or presumably predictable), because it was not a result of faulty maintenance, and because it posed a flight safety issue, it was thus extraordinary. This is utter pants!

As Wallentin says, "The Court pointed out that air carriers are confronted as a matter of course in the exercise of their activity with various technical problems to which the operation of those aircraft inevitably gives rise. The resolution of a technical problem which comes to light during aircraft maintenance or is caused by failure to maintain an aircraft must therefore be regarded as inherent in the normal exercise of an air carrier’s activity and cannot therefore constitute as such an “extraordinary circumstance” within the meaning of Article 5(3) of the Regulation" (and by "failure to maintain" this doesn't mean that the aircraft wasn't subject to appropriate checks - that would be illegal - but rather simply "failure to stop the aircraft going tech"!)

All of which is to say you have nothing to fear: this defence is execrable. Victory is nearly yours ...

LBD wrote: »

:j D-day tomorrow morning....lol....... and the big question is will they or wont they???????:j

Who cares? You case is good; their defence is lame; you are legally right; they are legally wrong; you ave integrity; they do not.

BRING IT HOME, LBD!

vstar72 wrote: »

Please, please, please can somebody advise. I booked a package holiday with Thomas Cook on the 27/06/13 paid for in feb 2013, myself and my 5yr old son plus my mother with mobility issues. The airline delayed us 10hours going out to Palma Majorca, our 1st night was spent in Manchester airport. Arrived to our hotel at 4.30am no time for breakfast and was completely worn out the following day. Furthermore on our return journey to the UK we were then delayed 7 hours. There was nobody to advise us. All the people were completely took back by this. Everybody is going to lodge a complaint? my question is where to start, Thomas cook advised i will receive 25 pound back per passenger. i cant believe the start to our holiday and the end to it, i saved for two years to take my son and my mother away. Light refreshments were provided at Manchester airport, which was salad, i had to by tea and coffee while other peopole hit the bar. on our return i was given 7 euros to buy something to eat from Palma. Do i have the right to complain as its not the money its the prinical. whatever you do, do not just thomas cook book it.

You need to read the FAQs on page one of the Thomas Cook thread. You are likely to be eligible for 500 euros per passenger for the delays (return), but it won't be easy necessarily to get your cash. Read the thread and see how others have fared.