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Flight Delay Compensation (Part Two)

Bolton, United...
posts: 533
reviews: 37
Flight Delay Compensation (Part Two)

Hi All,

Well here I go again. You may remember me starting the original thread of the same name last year regarding a claim with Ryanair, which turned into a long-running saga.

Well this time my beef is against Monarch for a flight from Manchester to Palma on the 30th August. The original Airbus A300 developed a technical fault and so they replace it with a smaller Airbus A321 which has 60 odd less seats. Obviously those 60 odd people (One of which was me)had to be left behind. They then chartered a Titan Airways Boeing 737 for those passengers and this aircraft had to fly from Gatwick to Manchester.

Anyway it eventually took off 3 1/2 hours late. Claim Time!!!!!

I obviously know the procedure pretty much now from last time and am pretty well clued up as regards EU 261/2004.

Monarch have sent me a compensation form to fill in after my initial contact with them via email. I'm now not sure if I should fill in their form or just cut to the chase and take them immediately to court.

There is a sentence in their form under the heading 'Guidance on regulation 261/2004. It states "Should your flight have arrived more than 3 hours after its scheduled time of arrival, but less than 4 hours, then any compensation you would be entitled to will be reduced by 50%"

Now correct me if I'm wrong, but I've never heard of this within EU 261. As I have to sign Monarch's form, is this some sort of trick to get out of paying the full amount?

90 replies to this topic
Leyland, United...
Destination Expert
for Playa Blanca
posts: 19,204
reviews: 34
1. Re: Flight Delay Compensation (Part Two)

Why it should automatically be 'claim time' for such a short delay is beyond me, but yes, Monarch are right. If you've read EU261, you will have seen it.

I don't fancy your chances in court. They tend to take a dim view of people who haven't made every effort to sort things out for themselves first. Court should be a last resort, not a first stop option.

Romford, United...
posts: 2,032
reviews: 23
2. Re: Flight Delay Compensation (Part Two)

As re-routing was arranged but you did not arrive within 2 hours of your scheduled time Type 1 flight ie less than 1500kms then compensation is payable in full

The 3 hour rule only applies to Type2 flights between than 1500kms-3500kms again in your case payable in full as it involved a 3hr 30 min delay arriving at final destination

Portland, Oregon
Destination Expert
for Air Travel
posts: 15,242
reviews: 5
3. Re: Flight Delay Compensation (Part Two)

Mark,

For flight delay compensation that is not correct. The 50% reduction for a flight delayed (at arrival) by between 3 and 4 hours is only for flights of greater than 3500km, that is those that would attract the €600 compensation. MAN-PMI is 1580km (€400 band, just), so the 50% reduction does not apply. Here's a (not very well formatted text of the Sturgeon judgement) and this is referred to in paragraph 63 near the bottom - http://skyclaim.com/EU261-the-regulation.aspx

However, for Denied Boarding (Article 6) then there is a 50% reduction in the compensation if the alternative flight (Titan) arrives less than 3 hours (for the 1500-3500km band) after the scheduled arrival of the original flight. This may be the more applicable rule in this case.

And note that it's the **arrival** time that matters, not departure. So if Titan made up time en route and got there less than 3 hours late, then the compensation reduction applies.

Edinburgh, United...
posts: 7,343
reviews: 15
4. Re: Flight Delay Compensation (Part Two)

"As I have to sign Monarch's form, is this some sort of trick to get out of paying the full amount?"

It's just something they say in order to trick people that don't know EU 261 or haven't read them carefully. There is a clause that allows airlines to reduce compensation under certain conditions but as 289jumper says, these conditions do not obtain in your case.

Lake Crystal...
posts: 232
reviews: 13
5. Re: Flight Delay Compensation (Part Two)

We have been told that the plane departed 3 1/2 hours late -- how late was it upon arrival?

Edited: 12:42 pm, September 17, 2013
Romford, United...
posts: 2,032
reviews: 23
6. Re: Flight Delay Compensation (Part Two)

Yep seems a bit trigger happy-Monarch flight that you got booted off took off 28mins late but arrived only 5mins late and I can't find any details of Titan flight from flightstats.com so no way of telling what time that arrived but would have thought with less passengers it made good progress, so maybe for the sake of euros 200 difference it would be a good idea to leave the courts out of this one

Edited: 12:56 pm, September 17, 2013
madeira
Destination Expert
for Funchal, Madeira, Madeira Islands
posts: 4,748
reviews: 23
7. Re: Flight Delay Compensation (Part Two)

sounds like an obsession with claims for compensation.....

Bolton, United...
posts: 533
reviews: 37
8. Re: Flight Delay Compensation (Part Two)

Thanks guys. I just wanted to clear up the 50% reduction issue. Thanks for clearing that up Us BusinessTraveller.

As far as saying "Claim Time"...I wasn't referring to court action and will obviously give Monarch every opportunity to compensate me before taking that action, which would be a last resort.

I am not obsessed with claiming. This is the second time this has happened to me in two years. I work damned hard all year and save and look forward to two holidays a year. If the airlines did their job and there was no delays, then I would not have to go through the hassle of claiming back what I am...after all...entitled to. I don't see spending 5 1/2 hours in an airport as much fun. Especially when that time is eating into your holiday. It's not rocket science to get a simple flight to Majorca away on time. If the airline cannot do that, then the responsibility lies fairly and squarely on their shoulders.

The days of treating their customers like cattle are at an end. They don't pass EU laws to protect passengers for nothing

Ayr, Scotland
posts: 1,570
reviews: 6
9. Re: Flight Delay Compensation (Part Two)

So did you arrive more than 3 hours late?

Edinburgh, United...
posts: 7,343
reviews: 15
10. Re: Flight Delay Compensation (Part Two)

"The days of treating their customers like cattle are at an end."

I wouldn't say that chartering a new plane for 60 stranded passengers on 3 1/2 hours notice is treating people like cattle, in fact I'd say that's pretty good service.

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