Flight delay and cancellation compensation, Virgin Atlantic ONLY

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  • Tyzap
    Tyzap Posts: 2,112 Forumite
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    minnie2 wrote: »
    Will that guide tell me what i should respond back with? This is first ever thing ive done like this and am pretty clueless.

    Hi,

    Yes, it's very comprehensive. Once you have down loaded it have a read and note that, at the bottom of the guide, you will find links to the Wallentin-Hermann case and the Huzar case. Both of these cases support your claim. You can quote them to Virgin to add weight and to pressure them into paying up quickly, well hopefully!

    Good luck.
    Please read Vaubans superb guide. To find it Google and then download 'vaubans guide'.
  • minnie2
    minnie2 Posts: 513 Forumite
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    Ive just looked at the wallentin-hermann and it seems their repsonse quotes a lot of phrases from this case so they seemed to be clued up on it . although it went in the passengers favour theyve still quoted phrases from it.
    Frugal living challenge - need to revisit its been.a while !! Need to reduce our debts!!
  • Tyzap
    Tyzap Posts: 2,112 Forumite
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    minnie2 wrote: »
    Ive just looked at the wallentin-hermann and it seems their repsonse quotes a lot of phrases from this case so they seemed to be clued up on it . although it went in the passengers favour theyve still quoted phrases from it.

    They are deliberately twisting the wording to confuse you and to make it sound like the law is on their side, it most definitely is not.

    You should report them to the CAA as this is a very deliberate effort to misrepresent the law of the land as a means to saving them money.

    They are claiming the an 'unexpected technical issue' is an extraordinary circumstance. It is not, and the CAA can confirm this with a quick phone call, should you need further confirmation.
    Please read Vaubans superb guide. To find it Google and then download 'vaubans guide'.
  • JPears
    JPears Posts: 5,086 Forumite
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    Agreed. If you could post up their defence, it would be iteresting to see how the are twisting Wallantin and deliberatll obfuscating your valid claim
    If you're new. read The FAQ and Vauban's Guide

    The alleged Ringleader.........
  • minnie2
    minnie2 Posts: 513 Forumite
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    Originally Posted by minnie2
    We regret to advise that we have declined your claim on the grounds that the cause of the delay was caused by extraordinary circumstances which were beyond the actual control of Virgin Atlantic and which could not have been avoided even if all reasonable measures had been taken.

    In your particular case the flight was delayed because of an unexpected technical issue on the aircrafts previous sector, which was flying from London Gatwick to Las Vegas to operate the VS44 the same day.

    The aircraft encountered an engine pylon fuel leak prior to departure. This was completely unexpected because the aircraft had not shown indications of this problem on previous sectors. Our engineers made several attempts to rectify the problem, but the fix proved to be quite complex and took longer than expected to resolve.

    It would be an intolerable sacrifice for us to keep a contingency of stand by crew and flight deck as well as spare aircraft at all of our outstations in the event of such a rare occurrence.
    Frugal living challenge - need to revisit its been.a while !! Need to reduce our debts!!
  • minnie2
    minnie2 Posts: 513 Forumite
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    I thought for someone to say an intolerable sacrifice in a email was a bit odd but its in that case.
    Frugal living challenge - need to revisit its been.a while !! Need to reduce our debts!!
  • JPears
    JPears Posts: 5,086 Forumite
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    It doesn't matter, its a smokescreen to put you off. The palne, on its previous flight had a tehnical issue. Not EC, end of. And a knock on effect. Double end of.
    Continue with your claim.
    If you're new. read The FAQ and Vauban's Guide

    The alleged Ringleader.........
  • minnie2
    minnie2 Posts: 513 Forumite
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    Ok thank you
    Frugal living challenge - need to revisit its been.a while !! Need to reduce our debts!!
  • kingkatie95
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    We travelled to Florida on 06/09/17 for a two part trip (6 nights in Orlando remainder in Miami) advised Virgin we didn't want to travel as we were aware hurricane was coming. Said we had to travel as they didn't know the path of the hurricane. Virgin were allowing customers to cancel or re-book the day after (07/09). Couldn't get in contact with them for majority of the trip and just advised us to 'sit tight'. Hurricane hit, Miami hotel underwater and we were stranded with nowhere to go as Virgin said they 'couldn't find us any alternative accommodation'. No flight home offered and had to travel to NY to stay with family. Complained to virgin and said they're not offering any compensation - surely this can't be right?
  • tiddles93
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    Did you book a package through Virgin holidays or was this just flights through VS?
    If it was a package through Virgin holidays then they would have had to find you alternate accommodation.
    If I suspect it was flight only then VS have absolutely no obligation to re accommodate you and I can't really see as you have any claim against them, the fact that you requested to cancel I suspect what were non refundable flights and were refused has no bearing on it.
    Try your travel insurance although I suspect they will not recompense you either.
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