I hope i have posted this in the correct forum. We were booked to fly with Monarch from Gibraltar to Luton. Due to weather conditions our flight was diverted from Gibraltar to Malaga. We were due to take off from Gibraltar at 7.30 pm Spanish time and arrive at Luton at 9.30pm English time. We left Gibraltar airport on a bus(provided by Monarch) at11pm Spanish time destination Malaga airport. We arrived at Malaga airport and finally took off from there at 3.00am Spanish time and arrived back at Luton at 5.00am English time. So, basically, we were delayed by 7.5 hours. We were given a carrier bag by Monarch whilst waiting at Malaga airport containing a packet of crisps, chocolate bar and a small bottle of water. We incurred extra costs due to our late arrival back, lifts, taxis,work missed etc. Monarch diverted to Malaga two incoming flights(one of which was ours) that were both due to land at Gibraltar at roughly the same time. It later transpired that Monarch had a broken down plane at Malaga that evening that was due to fly back to the UK. The passengers that were due to fly on that plane were placed on the two diverted planes, one of which was ours. I hope i have explained the situation clearly. Anyone advice on our chance of a compensation claim please? Thank you.

See this link

http://europa.eu/youreurope/citizens/travel/passenger-rights/air/index_en.htm

I think it is only exceptional circumstances beyond their control e.g weather, volcano, where they don't have to pay compensation for flight delays over 5 hours.

The link above has all the info you need, except to say that the time limit is 3hrs not 5hrs in order to be entitled to make a claim for compensation.

It doesnt matter in this case as the delay was more than 5 hrs but the info is useful for ithers reading the thread for accuracy.

Thank you for the replies, very useful. I will commence proceedings and inform you of any progress and results.

Hi, I was on the same flight, 12th October 2016? How did you get on with a compensation claim ? Regards

Our first attempt to claim has been dismissed. They say as it was due to the weather then they are not liable to pay compensation. We are not accepting this reply and would appreciate any assistance of information on this subject. Thank you.

Our first attempt to claim has been dismissed. They say as it was due to the weather then they are not liable to pay compensation. We are not accepting this reply and would appreciate any assistance of information on this subject. Thank you.

On what basis do you plan to not accept that reply?.

We were booked to fly with Monarch from Gibraltar to Luton. Due to weather conditions our flight was diverted from Gibraltar to Malaga.

 

We left Gibraltar airport on a bus(provided by Monarch).

For people booked to fly from Gibraltar : delayed due to weather. "Extraordinary circumstances" excuse is viable.

For people booked to fly from Malaga : delayed due to a plane breakdown ; "Extraordinary circumstances" excuse won't work for the airline.

Ahh if YOUR flight was diverted due to weather, thennit matters not what other flights were delayed for. They dont have to pay compensation for bad weather, its out of the airlines control.

Our first attempt to claim has been dismissed. They say as it was due to the weather then they are not liable to pay compensation. We are not accepting this reply and would appreciate any assistance of information on this subject. Thank you.

Hi, we took Monarch through the small claims court and they settled in full out of court

Hi, we took Monarch through the small claims court and they settled in full out of court

Was your case a delay due to weather or something else?

Was your case a delay due to weather or something else?

Hi,

Weather caused the original delay in GIB, but once transferred to Malaga, further delays were encountered due to another of Monarch's aircraft ( Gatwick bound I beleive ) being faulty. This fault had a knock on affect with our flight due to Monarch's attempts to put the stranded passengers on our flight and the Manchester flight. Thing is 3 into 2 don't go!

Thanks for replies. Good for you sammicd! Any further info welcome as we are obviously now going to have to pursue the small claims court procedure. Have Monarch set a precedent for passengers on this flight by admitting liability(?) by paying an out of court settlement? Thanks again for replies.