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Are Monarch fobbing you off in respect of a delay claim?

Many of you will or will have received a letter from Monarch similar to the following when you submit a claim. I comment on their 'standard' letter Dear Traveller. Re: Flight ZBxxx Palma de Mallorca to Birmingham 14th June 2011 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. !e are sorry for the delay you e"perienced that has led to your claim for compensation. !e would li#e to reassure you that every reasonable effort is made to ensure that our flights depart on time and in the unli#ely event we are unable to do so through disruption we aim to provide a solution at the earliest opportunity.
THIS IS THE STANDARD CUT N' PASTE REPLY FROM MONARCH. OBVIOUSLY IT WAS NOT AN EFFICIENT SERVICE OR YOU WOULD NOT BE WRITING TO THEM. OF ALL THE MAINSTREAN UK CARRIERS THEY HAVE THE WORST PUNCTUALITY RECORD DUE TO AN AGEING MIXED FLEET ONLY BASED IN THE UK. SEE FOR CONFIRMATION

http$%%www.flightontime.info%latest%latest.html As previously advised in some circumstances passengers may be entitled to compensation for delay arising from such disruption under &uropean 'nion laws. (owever any monetary payments are sub)ect to certain criteria being satisfied. 'nder these laws where the disruption is caused by an *e"traordinary circumstance+ which the airline was reasonably unable to prevent the carrier is not obliged to pay compensation. The &uropean ,ommission have published guidelines regarding what can and cannot be considered as e"traordinary circumstances and we base our decision on these guidelines.
NOTE IN MONARCH'S OWN WORDS THESE ARE 'GUIDELINES' - THEY ARE NOT THE LAW. THE LIST WAS DREAMT UP BY THE AIRLINES IN CONJUNCTION WITH THE CAA/NEB - NO CONSUMER/PASSENGER IMPUT WAS ALLOWED. THE EUROPEAN COMMISSION PUBLISHED THESE AS THEY ALSO THOUGHT THEY HAD BEEN AGREED AT ALL LEVELS. THEIR 'APPROVAL' IS NOW BEING CHALLENGED THROUGH THE EU OMBUDSMAN SEE

http$%%www.ombudsman.europa.eu%en%cases%caseopened.faces%en%-./0/%html .boo#mar# 1ur records show that the aircraft scheduled to operate your flight suffered a hydraulic lea# in the mid pylon area whilst on approach to 2alma de Mallorca. ,onse3uently the aircraft re3uired engineering assistance at 2MI to ascertain where the fault had occurred. The fault was traced to a hydraulic lea# within the mid wing area. 1ur records show that this is an e"tremely rare fault and has only occurred two times in the last si" years across the entire fleet.
FORGET THE AIRLINE JARGON - THIS IS INTRODUCED TO CONFUSE YOU. IN A NUTSHELL YOUR FLIGHT HAD A TECHNICAL PROBLEM WHICH IS NOT EXTRAORDINARY FOR COMPLEX MACHINES - IN FACT IT IS ORDINARY. THIS FACT HAS BEEN PROVEN IN COURT SEE

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Despite our best efforts we were unable transfer your flight to an aircraft within the Monarch fleet conse3uently this led to an unavoidable delay to the departure of your flight.
ASK MONARCH TO PROVIDE THE WRITTEN PROOF THAT THEY SOUGHT A PLANE FROM ANOTHER CARRIER.

(aving considered the factual bac#ground of this case in accordance with the published guidelines we are satisfied that the disruption was caused by an e"traordinary circumstance that could not have reasonably been prevented by Monarch Airlines. !e are therefore unable to accept your claim for compensation for the reasons given. All flight delays are fully documented in accordance with the re3uirements of our regulator and the relevant legislation in place. 2lease note that this documentation cannot be disclosed to passengers (IT COULD BE BUT THE AIRLINES CHOOSE NOT TO) nonetheless we actively supply this to the ,ivil Aviation Authority and 9ational &nforcement :odies upon re3uest.
THE CAA ARE FUNDED BY THE AIRLINE INDUSTRY. THE EX-CHAIRMAN OF THE CAA NOW SITS ON THE MONARCH BOARD.

2lease note that the contents of this letter and the circumstances surrounding your delay are strictly confidential.
MONARCH CAN RE UEST YOU TREAT THEIR LETTER AS CONFIDENTIAL BUT AGAIN THEY ARE TRYING TO FRIGHTEN YOU. THERE IS NO NEED NOT TO PUBLISH/CIRCULATE THE LETTER IF YOU WISH. WHAT THEY ARE TRYING TO DO IS STOP PEOPLE FROM MAKING LEGITIMATE CLAIMS.

;ours sincerely Danielle <arner ,ustomer =ervice ,entre