Open & Shut case for Compensation?

[Cityboy62]

My Family & I were booked onto the 14:50 flight from Luton to Bodrum. (4th June 2013)

 

We eventually took off at 23:15 from GATWICK!

 

Still away at the moment so will fill out the form that Monarch have emailed me when I get back.

 

The only info I have heard at the moment of the cause is because the flight from Faro to Luton that morning had a technical fault which had the knock effect of our delay.

 

They can't refuse this one, surely? (The flight was 2723Km and there were 4 of us, 2 adults, 1 child, 1 infant).

 

Anyone know likely payout if they cough up?

 

TIA

 

You will be claiming for a cancellation since the original flight plan from LTN-BJV was abandoned and a new flightplan was created from LGW-BJV.

 

The compensation owed is 400 euros per passenger. Monarch will resist paying out and you will have to issue a legal claim to see any money from them even though the aircraft you were supposed to be on wasn't in fact the one on which you flew since it had a tech problem.

[Cityboy62]

Considering sending this:

 

Further to your reply to my letter requesting compensation for a cancelled flight on xx/xx/xx, flight number xxxxxx, after taking advice I have been informed that a 'technical issue' with the aircraft does not constitute an "extraordinary circumstance" as per the European court in the Wallentin-Hermann v Alitalia case.

 

I am sure that you are aware that the burden of proof is on yourselves to, beyond reasonable doubt, prove this was an "extraordinary circumstance" and merely stating the reason and not divulging what preventative measures were in place to prevent said "extraordinary circumstance" is not acceptable.

 

Should you neither settle my claim in full for 1600 euros nor prove a valid defence to me within 14 days of the date of this letter, I reserve the right to commence legal action without further notice.

 

Yours sincerely

 

Corrected the letter you should send to the airline!

[Cityboy62]

Thanks Cityboy, I compiled my reply based on a search that must be outdated now. Wallentin-Hermann v Alitalia?

I presume that must be the latest test case?

 

TIA

 

W-H v Alitalia dates from Dec 2008. The Kramme case never had a judgment published as it seems the case was withdrawn, presumably settled by the airline after the legal Opinion was delivered.

 

You don't need to add anything further to your letter as advised by stu007, the airline is only too aware of the precedent case law in W-H!

[Cityboy62]

Number of days stated in letters has never been very clear to me. Is it literally 14 days or 14 working days?

 

Calendar days not working days...

[Cityboy62]

Called them again today, no update! Grrrrr

 

I refer you to the advice I gave you in my initial post:

 

"Monarch will resist paying out and you will have to issue a legal claim to see any money from them even though the aircraft you were supposed to be on wasn't in fact the one on which you flew since it had a tech problem".

 

You will have to issue a legal claim to see any compensation, no other methods you choose to employ will improve your chances.

[Cityboy62]

So..... It seems instigating my own legal action if I want to pursue this is my only option.

 

I am wary though, is the pdf they sent me correct?

 

Ignore the pdf they have sent to you, it is a "wish-list" of items that the airlines and NEBs would like to see included as extraordinary circumstances but has no legal status whatsoever and indeed seems to contradict existing case law on extraordinary circumstances. The clue is in the word "guidance" somewhere on page 1!!

[Cityboy62]

Hi All,

 

With it almost being a year now I would have hoped someone might have had some better luck than I have had.

Has anyone had any joy in Small Claims Court? I really did think this would be as easy as filling in a form - how wrong I was.

 

Thanks

 

Lauren

 

This was my response to tc5712 back in August. My advice hasn't changed since then:

 

I refer you to the advice I gave you in my initial post:

 

"Monarch will resist paying out and you will have to issue a legal claim to see any money from them even though the aircraft you were supposed to be on wasn't in fact the one on which you flew since it had a tech problem".

 

You will have to issue a legal claim to see any compensation, no other methods you choose to employ will improve your chances.