Case study: Monarch Airlines – 11th September 2016
Flight No. ZB 1162 | Birmingham (BHX) > Larnica (LCA)
Delay, Check-in Systems failure
Many passengers on the above date suffered as the Baggage handling company Aviator system broke down causing the baggage to be loaded manually. In response to our claim under EU261/2004 the airline said it was beyond their control and as such could be deemed “Exceptional circumstances” Under threat of legal action Monarch have now agreed to settle our clients claims.
To qualify as an Extraordinary circumstance the event must be:
a) An event that is not inherent to the activity of the airline and
b) Something that could not have been avoided even if reasonable measures had been taken
By claiming that the Baggage system breakdown is extra ordinary Airlines are claiming this is not part and parcel of their everyday activity. This is clearly untrue. Flight Delay Pay have subsequently won their case against Monarch and look forward to assisting other passengers in a similar circumstance.
This incident follows another check-in system failure for the troubled airline on the August Bank Holiday weekend, 2016. The Monarch check-in system went down, meaning staff had to fill in boarding cards and other details by hand, creating four-hour long delays. Article @Expressandstar
@Monarch Almost 4 hours to move 4m to check in for Faro zb406 flight- system failure worsened by 2 queues for same flight…cont
— Adele Kay (@DelKayDavies) August 27, 2016
@Monarch I know u’ve had a system failure, that doesn’t explain. Why, it takes so long to check in someone who is already checked in?
— Amanda Wiltshire (@havencheltenham) August 27, 2016
Other similar incidents that are generally not exceptional circumstances are:
– Crew Sickness
– Bad weather unless wholly exceptional or a freak
– Bird Strike
– Lightning
– Technical problems
If you have suffered a delay of more than three hours in such an incidence then contact Flight Delay Pay who will handle your claim on a No Win No Fee Basis.
