Flight delay and cancellation compensation, Virgin Atlantic ONLY

hillbecks

Thank you for your reply but what is a NBA, sorry

111KAB

Hillbecks - read page one FAQ's so you know what you are dealing with but an NBA is a N otice B efore A ction.

sandshal

Thrilled to report another success :0) 8 odd hour delay on VS16 25/8/08 ...... Four Cheques of £505.80 arrived by post today ...... One very happy bunny!

Thanks for all your help guys xxxxx

Alan_Bowen

Hillbecks, not wishing to throw snow on an already icy situation but you should be aware that Manchester flights are operated by Gatwick based aircraft which frequently have to position up to Manchester before departure, I was amazed at the level of empty flying they do.

When BA used to fly from Gatwick to Manchester, the first flight of the day was usually full of Virgin crew flying to Manchester, since the route stopped they fly the plane backwards and forwards as well. I suspect they will stick to the story that the plane was stranded by weather....

richardw

But that's their decision to build in extra risk to their schedule and introduce W patterns instead of just V, all the more reason to have best contingency plans for "reasonable measures" to avoid ECs.

Psaila

Hi all, ive got my mediation call on tuesday so im having a good read through virgins defence, taking notes etc.
In one note it says, just prior to departure the engine fault was discovered....this was on the previous sector!
Now our flight was delayed 27hrs so add the 10hr flight from gatwick to orlando(previous sector)and essentially it means it took virgin at minimum 37hrs in total for them to arrange another flight for us!
How can they possiblty argue that 'The defendant took all reasonable measures to minimise the delay'????

richardw

Psaila wrote: »

...... essentially it means it took virgin at minimum 37hrs in total for them to arrange another flight for us!
How can they possiblty argue that 'The defendant took all reasonable measures to minimise the delay'????

Are they defending the indefensible ?

If so, is that reasonable?

haslehurst

How many people on here are claiming for the VS74 delay out of Orlando on 7th June? I have received a response from VAA stating there are only 10 cases, I can't believe thats true. It also states that the 2 cases listed for durham have been transferred to Horsham but all others remain at local court, is this true also?

Bricks1

Hi, I am claiming for a delay from London Gatwick to Las Vegas on 27th August 2012. Been following the forum for a while & have seen a few people posting about this flight and have spoken to one who has been paid out. Virgin are still challenging my claim, despite telling them I know they have paid out. Wondered how everyone else is getting on with this claim and if anyone had any advice? We've got a court date set for January, so am in the process of putting together evidence.

Virgin are claiming extraordinary circumstances from technical problems that were outside of the standard maintenance schedule, damage to the door which was discovered when landing from the previous flight. Can anyone suggest any relevant cases which deal with similar incidents? Have read the often mentioned Wallentin-Hermann & Sturgeon, but wondered if anyone has any which might be particularly relevant to this claim, or if anyone has already been to court for this case & won, what evidence they gathered?

Thanks!

David_e

Bricks1 wrote: »

have seen a few people posting about this flight and have spoken to one who has been paid out. Virgin are still challenging my claim, despite telling them I know they have paid out.

Have you got a signed witness statemet from the person who was paid out? I'm not sure what the rules are about evidence and, while you can presumably ask Virgin as part of your court submission, it would seem halpful to have your own evidence to hand.

In fact, as a general point, should we all be asking in our court submissions whether any other passengers have been compensated - either with or without court action?

Bricks1 wrote: »

Virgin are claiming extraordinary circumstances from technical problems that were outside of the standard maintenance schedule, damage to the door which was discovered when landing from the previous flight.

Don't really understand what they are saying. Was the door damaged in flight or was it just not spotted previously? Either way, it's not EC. I presume that when they say "outside of the standard maintenance schedule", it just means it was an unexpected fault/issue. Para 28 Huzar covers very emphatically.

Bricks1 wrote: »

Can anyone suggest any relevant cases which deal with similar incidents? Have read the often mentioned Wallentin-Hermann & Sturgeon, but wondered if anyone has any which might be particularly relevant to this claim, or if anyone has already been to court for this case & won, what evidence they gathered?

All you need is in the FAQs - I'm a bit worried you didn't mention Huzar.