Flight delay and cancellation compensation, Virgin Atlantic ONLY

David_e

haslehurst wrote: »

I think your Train Ticket and extra costs should be paid if you have a receipt, essentially you are entitled to out of pocket expenses as well and this is separate entitlement to EU261/2004.

I wasn't sure about that as it's not something I've looked into. What is the basis of this (not that the airlines should need to be forced into doing the right thing)? I suppose the question is how "remote" can costs be and still be claimed.

Apologies for being misleading in my original post. Typical, I usually caveat my thoughts!

haslehurst

David_e wrote: »

I wasn't sure about that as it's not something I've looked into. What is the basis of this (not that the airlines should need to be forced into doing the right thing)? I suppose the question is how "remote" can costs be and still be claimed.

Apologies for being misleading in my original post. Typical, I usually caveat my thoughts!

Not wanting to direct to other sites, but here is evidence that Virgin have paid to cover additional costs that would not have been incurred had their flight been on time.

http://v-flyer.com/forum/index.php?t=280764&rb_v=viewtopic

I am speaking from experience of having Out of Pocket expenses paid.

haslehurst

haslehurst wrote: »

Not wanting to direct to other sites, but here is evidence that Virgin have paid to cover additional costs that would not have been incurred had their flight been on time.

http://v-flyer.com/forum/index.php?t=280764&rb_v=viewtopic

I am speaking from experience of having Out of Pocket expenses paid.

Heres the particular post -

gumshoe wrote:
Gerrym wrote:
My daughter is stuck in Orlando. They said they will put her up at an airport hotel.
Can anyone advise on what she does when back at LGW. Virgin say they will not pay for her transport home. I think that is very unfair, but they are the rules!
I was going to pick her up tomorrow but I am in NYC on Monday so she has to get a taxi home (£100).
Should Virgin pay or have they met their responsibilities when they get her to LGW?

Thanks

Gerry


I'm with VS on that one I'm afraid. The cost of getting to and from the airport is the passenger's responsibility. The only exception would be if your daughter had already paid for her onward transport and been left out of pocket because she couldn't get a full refund (eg an advance train ticket). But as she hasn't, she doesn't have a case.

(Even if she did, if I were VS I'd question whether she HAD to get a £100 taxi when presumably a bus or train would get her most of the way home for a lot less).

As for compensation for the actual delay, however, I absolutely agree with others that VS should pay up. Staff sickness is definitely not an extraordinary circumstance - it happens to every large employer on a daily basis and it's something VS should have a contingency plan for when it's one of their home bases.



Unfortunately you are not with Virgin on this. I called them again and they agreed that I could claim the taxi fare back. It is an expense that would not be incurred if the plane was on time, simple as that really.

The key is here is not to accept the first answer!

I don't know if my AU card has anything to do with it but when I said I was a gold card member and wondered if I could use my miles to book a Tristar car, the attitude seem to chang and I was put through to a Manager who gave the go-ahead for compensation!

kmc1984

I got a flat no in my original letter, basically saying its wasn't their problem. They said on the flight that there would be someone at the other end to assist with any transport needs (which there wasn't).

I've typed up a response to their decline stating that what they say is 'Unexpected flight safety shortcomings' isn't. Also stated that they get their fact straight as they have before fobbing me off. Will see where it gets me.

Are they prone to paying out once challenged or do you end up having to take it one step further.

David_e

kmc1984 wrote: »

I've typed up a response to their decline stating that what they say is 'Unexpected flight safety shortcomings' isn't.

Make it clear that you reserve the right to commence legal proceedings with no further notice if you get no satisfactory response (which sadly you won't) within 14 days. That way, you can move straight to legal action rather than waste your time trying again and again to get them to meet their legal obligations voluntarily.

IanHarris

Another success after what felt at times to be a rather doubtful claim.
VS0016 from Orlando to Gatwick on Oct 26th 2008. Received my cheque for £500ish after doing the usual business of filing for court action. Now to get in touch with the other people I know were on that flight and tell them to stick with it.
Thanks to all on the site that have helped directly or by constantly posting other comments I have used for support.

frankiethecat

Hi, just received a letter back from Virgin reference my claim which has been declined due to yet another "extraordinary circumstance" stance. The claim was based on a 23 hour delay from Manchester to Barbados when we were on board the plane for a few hours going nowhere and then eventually had to get off get our luggage back and go to a hotel for a night. The fault was Hydraulic and resulted in a replacement plane flying up from Gatwick to Manchester the next day. Is it worth continuing and complaining to the CAA or have Virgin got a get out with the very broad extraordinary circumstance clause?

111KAB

frankiethecat wrote: »

. Is it worth continuing and complaining to the CAA ......

Forget the CAA - you have valid case so go to court either with the help of a NWNF or under your own steam. Although this in reference to Monarch this link explains ... https://www.facebook.com/notes/monarch-complaints/reference-material-if-faced-with-monarch-delay-over-3-hours/226027064225351

hillbecks

Hello, I wondered if any one could help. Our flight was VS0075 22/12/2009 10.25am- actually flew out at 19.55pm so delay of 8hours 56 minutes.

We have just received a letter off virgin after filling in a claim form saying denying claim due to number 12 (meteorological)- weather conditions resulting in capacity restrictions at either the airport of arrival or the airport of departure.

We regret to advise that your claim has been denied on the grounds that the delay was caused by extraordinary circumstances which could not have been avoided even if all reasonable measures had been taken....
In your particular case, the flight was delayed because of the inclement weather conditions in the uk. This had caused additional time to be allowed for the snow clearance and de-icing of the aircraft. In addition, Gatwick runway had been closed during the previous day which had a knock on effect to airlines' schedules for several days. this also left us with the aircraft out of position...
Don't know whether what to do next. I remember when we were waiting in Manchester airport, there was only one other flight delayed on the message board, and it was a flight to an eastern European country, I think.
Also, on the bbc news web site, it says problems with the planes on the sunday 21st December but they had caught up by the afternoon. Also why does Gatwick have an impact on our flight, when we were flying Manchester to orlando.
Should I give up, write again to virgin, get in touch with CAA or court
Any advice, greatly appreciated thanks

David_e

hillbecks wrote: »

Hello, I wondered if any one could help. Our flight was VS0075 22/12/2009 10.25am- actually flew out at 19.55pm so delay of 8hours 56 minutes.

We have just received a letter off virgin after filling in a claim form saying denying claim due to number 12 (meteorological)- weather conditions resulting in capacity restrictions at either the airport of arrival or the airport of departure.

We regret to advise that your claim has been denied on the grounds that the delay was caused by extraordinary circumstances which could not have been avoided even if all reasonable measures had been taken....
In your particular case, the flight was delayed because of the inclement weather conditions in the uk. This had caused additional time to be allowed for the snow clearance and de-icing of the aircraft. In addition, Gatwick runway had been closed during the previous day which had a knock on effect to airlines' schedules for several days. this also left us with the aircraft out of position...
Don't know whether what to do next. I remember when we were waiting in Manchester airport, there was only one other flight delayed on the message board, and it was a flight to an eastern European country, I think.
Also, on the bbc news web site, it says problems with the planes on the sunday 21st December but they had caught up by the afternoon. Also why does Gatwick have an impact on our flight, when we were flying Manchester to orlando.
Should I give up, write again to virgin, get in touch with CAA or court
Any advice, greatly appreciated thanks

Send NBA and then proceed to court action. I think any explanation that includes "In addition ..." is their way of trying to bolster a weak "main" argument.

Para 14 of the preamble to Reg 261/2004 says

"... meteorological conditions incompatible with the operation of the flight concerned ..."

Bizarrely, a BBC weather forecast for Tuesday 22 December 2009 has been posted on youtube:

http://goo.gl/dwJ1MW