Virgin Atlantic nightmare for disabled traveller

baza52

i had a very interesting reply from the EHRC.

"
Regulations (EC) No. 1107/2006 were implemented to impose new legal obligations on airport operator's, air carriers, their agents and tour operators.
The regulations apply to disabled persons or people with reduced mobility using or intending to use commercial passenger services on departure from, on transit through or on arrival at an airport, when the airport is situated in the territory of a Member State to which the Treaty applies.
Article 10 of the regulations states that all reasonable effort should be made to arrange seating to meet the person's needs.
It appears that with your wife's issue there could be a breach of Article 10 as she did not receive a bulkhead seat and she was not seated next to you, which then resulted in her experiencing discomfort during the flight."

they also included a very good letter template for me to send to them.

stoneman

First off, bulkhead seats are not "special" so anyone with status and knows the VS layout would not want them anyway. They have shorter legroom than a normal Y seat as you can't stretch your legs out under the seat in front. they are also narrower then normal seats as the IFE system is on an arm and the trey table is in the arm rest. Also you can not lift the armrest because of said table.
Second, status with VS does not get you preferential seating in Y. It might get you an upgrade if the cabin is full.
Third, as Malkie 76 stated
"The service paid for was transport from point A to point B, which was what was received." this is just BS on the part of the airline. they advertise certain things to entice you to fly with them, if they are not available then you should receive compensation. I once flew premium economy with VS and had no foot rest for my seat because it was bulkhead, there was no fruit bowl passed around, no newspapers, and no chocolates, all things that they entice you with to pay extra money for. When I complained they said that their only obligation was to get me from A2B, the rest was complementary.
And last, good luck with the complaint. They will take the full 28 days allowed to reply, then it will be a fob off. You will have to send another email in retort, they will wait another 28 days to reply, then they might give you 10,000 flying miles, big deal.

dmg24

baza52 wrote: »

i had a very interesting reply from the ECHR.

"
Regulations (EC) No. 1107/2006 were implemented to impose new legal obligations on airport operator's, air carriers, their agents and tour operators.
The regulations apply to disabled persons or people with reduced mobility using or intending to use commercial passenger services on departure from, on transit through or on arrival at an airport, when the airport is situated in the territory of a Member State to which the Treaty applies.
Article 10 of the regulations states that all reasonable effort should be made to arrange seating to meet the person's needs.
It appears that with your wife's issue there could be a breach of Article 10 as she did not receive a bulkhead seat and she was not seated next to you, which then resulted in her experiencing discomfort during the flight."

they also included a very good letter template for me to send to them.

The ECHR do not normally give legal advice - are you sure that is who you mean?

baza52

(Equality and Human Rights Commission)
They have a helpline and replied to my email in about 3 days.

dmg24

baza52 wrote: »

(Equality and Human Rights Commission)
They have a helpline and replied to my email in about 3 days.

Understand - you might want to edit your above post - the ECHR is the European Court of Human Rights.

baza52

Funny cos i didnt think it looked right when i posted.

Just to clarify its EHRC ive been in touch with.

Penny-Pincher!!

I have flown with Virgin on many occasions and am disabled. I have never had any problems with them at all but we do generally upgrade. They are generally very discreet. Did you ask the cabin crew whilst onboard?

Next time, I would ask for confirmation in writing or via email so you have proof.

baza52

Penny-Pincher!! wrote: »

I have flown with Virgin on many occasions and am disabled. I have never had any problems with them at all but we do generally upgrade. They are generally very discreet. Did you ask the cabin crew whilst onboard?

Next time, I would ask for confirmation in writing or via email so you have proof.

Ask the cabin crew for what?
The flight was full and the cabin crew will not help with personal needs.

pedantic10

Look up 'Air Carrier Access Act' on Google. This is US legislation that obliges an airline to provided bulkhead seats to those who need them. It applies not only to US carriers, but also to foreign carriers on flight into/out of the USA. There is provision for complaining to rhe US Department of Transportation if needs of Disabled People are not met.

baza52

Thanks,
There seems to be quite a bit of legislation that they have not followed or broken.

I guess i will have to wait and see what they say and if needs be, take it from there.