Flight delay and cancellation compensation, Virgin Atlantic ONLY

David_e

SharkyGeorge wrote: »

I put in separate claims for myself and my partner, sent in separate envelopes at the same time/day/post office. Partner received a letter 10 days ago saying they're looking into it - I've received nothing.

Does this mean anything?

Yes, it means that they are incompetent - or Royal Mail are, or both.

If you fancy a small wager, I bet you £1 that they will carry out a full, detailed, extensive - oh, and objective - review and conclude it was Extraordinary Circumstances and refuse to pay out.

Unless you want to wait, I would just send in your NBA and get ready to issue legal proceedings.

vln

Can anyone tell me ifpilot sickness is classed as a "technical matter", from the standpoint of Wallentin and othercases?

Many thanks

David_e

vln wrote: »

Can anyone tell me ifpilot sickness is classed as a "technical matter", from the standpoint of Wallentin and othercases?

No - mentioned many times in various threads.

vln

Thank you - i'll go back and search......

dunkmat

dunkmat wrote: »

Just received my response to VS85 28 April 2011 Manchester to Las Vegas where it was delayed 3 hours 59 minutes (like to check that by the way!)

It was delayed due to Number 16 which is Medical Grounds. The aircraft that was scheduled to take us to Las Vegas was diverted because a passenger became seriously ill onboard and it had to be diverted to Gander, Canada so the passenger could receive treatment.

Obviously was a shame but surely they had enough time to sort a replacement as this was the previous day? Anyway thoughts please as if you don't think this can be claimed for I will drop it now.

Any advice?

David_e

dunkmat wrote: »

Just received my response to VS85 28 April 2011 Manchester to Las Vegas where it was delayed 3 hours 59 minutes (like to check that by the way!)

It was delayed due to Number 16 which is Medical Grounds. The aircraft that was scheduled to take us to Las Vegas was diverted because a passenger became seriously ill onboard and it had to be diverted to Gander, Canada so the passenger could receive treatment.

Obviously was a shame but surely they had enough time to sort a replacement as this was the previous day? Anyway thoughts please as if you don't think this can be claimed for I will drop it now.

Not much help, I'm afraid, but I suspect this is a borderline case. I can see an airline suceeding on EC so the key, I believe, is the steps they took to mitigate the delay. The exact timings might help argue it one way or the other. When you say "the previous day", was it 11.59pm the previous day, or 00.01am (ie nearly 24 hrs earlier), for example? And was your flight similarly at the beginning or end of the (following) day? A combination of timings could mean the events were close to 48 hours apart in which case I think that that wold be an indication that they didn't pull out all the stops for your flight.

Maybe have a chat with no win no fee solicitor.

Topgun20060

Mark2spark wrote: »

I'm with JP, also, the previous flight might well have departed on the previous day due to the time difference, therefore fouling the 'particular aircraft on a particular day' bit in the Reg 261, further to that a bird strike is inherent in the normal operation of an airline - search and you'll see 1500 a year - that's just the recorded ones - and finally there is no evidence that the previous plane is *your* plane. Even if it was, what is the contingency plan as per the Eglitis case (see FAQ's at the bottom).

Hi Mark2spark, (or anybody else who can help), I'm in the process of getting my stuff together for my mediation on the 14/11 (including the Huzar v Jet2.com, what a thoroughly enjoyable read that is!), but am slightly struggling to find data on the number of bird strikes that take place every year. If you could post a link to a relevant site I would be most grateful.
Thanks.

111KAB

http://www.caa.co.uk/default.aspx?catid=2008&pageid=11326

Topgun20060

Excellent, thanks very much.:beer:

dunkmat

David_e wrote: »

Not much help, I'm afraid, but I suspect this is a borderline case. I can see an airline suceeding on EC so the key, I believe, is the steps they took to mitigate the delay. The exact timings might help argue it one way or the other. When you say "the previous day", was it 11.59pm the previous day, or 00.01am (ie nearly 24 hrs earlier), for example? And was your flight similarly at the beginning or end of the (following) day? A combination of timings could mean the events were close to 48 hours apart in which case I think that that wold be an indication that they didn't pull out all the stops for your flight.

Maybe have a chat with no win no fee solicitor.

Cheers David I have done that and passed on the claim. I'll keep everyone posted.