Flight delay and cancellation compensation, Virgin Atlantic ONLY

backupsir

Hi,
Can someone please advise on the validity of this potential claim?

In 2012, myself, wife and 9 month old baby were held up at San Francisco airport, due to fly back to Heathrow.

The flightstats website show it was a 4 hour 13 minute delay, and when I was questioning the airline staff at San Francisco at the time, I was told that there was a 'flight path software failure', which had affected other airlines using the same software.

(I would assume the airline was compensated by the firm supplying their software).

dxc_chappie

backupsir wrote: »

Hi,
Can someone please advise on the validity of this potential claim?

In 2012, myself, wife and 9 month old baby were held up at San Francisco airport, due to fly back to Heathrow.

The flightstats website show it was a 4 hour 13 minute delay, and when I was questioning the airline staff at San Francisco at the time, I was told that there was a 'flight path software failure', which had affected other airlines using the same software.

(I would assume the airline was compensated by the firm supplying their software).

If the flight path software failure was in the air traffic control centre and the delay was therefore due to an atc decision it's unlikely you have a valid claim.

However, it was was software on board the aircraft you probably do have a claim.

backupsir

dxc_chappie wrote: »

If the flight path software failure was in the air traffic control centre and the delay was therefore due to an atc decision it's unlikely you have a valid claim.

However, it was was software on board the aircraft you probably do have a claim.

Thanks, I don't think all flights were delayed, just the airlines using this software.
I seem to recall someone saying the pilot was not able to map the route automatically (and were maybe having to do it manually?)
So I assume there is a company which supplies live data to different airlines, and this is where the failure occurred?

32Nirvana

I have posted about this before but some time back.....our flight was delayed because Virgin had to revert to manual flight planning the day before out flight and as Virgin put it "delays of this nature inevitably cause a knock-on effect and it can be several days before normal scheduled operations can be resumed". So I interpret this to mean our flight was delayed due to a knock-on effect. Are knock-on effects considered EC's? I have court date and need to prepare my documentation.

Vauban

32Nirvana wrote: »

I interpret this to mean our flight was delayed due to a knock-on effect. Are knock-on effects considered EC's? I have court date and need to prepare my documentation.

Depends. They could be. I dont believe there is definitive law on this.

But the requirement under Wallentin to use "all reasonable measures" means it's more difficult to sustain the argument the longer the knock on is.

Henry_Joy

Centipede100 wrote: »

I am starting this thread for those claiming flight delay or cancellation compensation from Virgin Atlantic.

Any posts regarding any other airline in this thread will be ignored (at least by me).

First time I've posted. Virgin have refused to compensate me for a flight delay despite the CAA ruling in my favour initially. The flight delay was due to a 'technical problem'. As I understand it this is NOT a reason for refusing to pay compensation, am I 100% correct ? I am at the point of submitting a claim with the SMC and want to be certain. Thanks

Caz3121

Henry_Joy wrote: »

First time I've posted. Virgin have refused to compensate me for a flight delay despite the CAA ruling in my favour initially. The flight delay was due to a 'technical problem'. As I understand it this is NOT a reason for refusing to pay compensation, am I 100% correct ? I am at the point of submitting a claim with the SMC and want to be certain. Thanks

Have a good read of the FAQs on the first page of this thread, lyou will find info there on technical problems,

David_e

Henry_Joy wrote: »

First time I've posted. Virgin have refused to compensate me for a flight delay despite the CAA ruling in my favour initially. The flight delay was due to a 'technical problem'. As I understand it this is NOT a reason for refusing to pay compensation, am I 100% correct ? I am at the point of submitting a claim with the SMC and want to be certain. Thanks

I don't know if you are up against a time limit for taking legal action but, as Caz3121 suggests, you need to do some serious reading so you know the law on which your claim is based.

These are my thoughts on "technical problems":

http://forums.moneysavingexpert.com/...postcount=4238

Dolittle

We were also on flight VS015 on 30th April.. We have been pursuing a claim with Virgin, & have had some success, but are now submitting EU compensation claims. Virgin Atlantic agreed to credit us with 27,500 airmiles & gave us each a £100 Virgin Atlantic voucher, as we were unable to use the vouchers for Planet Hollywood that they had given us when we finally arrived at Orlando Airport. The first decision Virgin made to swap the crew, was crucial - by giving us a crew who had already used several hours of their allowance, as they were originally scheduled to leave on a flight 2 hours before ours which was delayed. This subsequently delayed our flight from leaving & then when the refuelling took longer than anticipated, the crew's hours ran out. Had Virgin stuck with our original crew, & not swapped them, they would have had enough hours left to get us back to Orlando.

GPF

Dolittle wrote: »

We were also on flight VS015 on 30th April.. We have been pursuing a claim with Virgin, & have had some success, but are now submitting EU compensation claims. Virgin Atlantic agreed to credit us with 27,500 airmiles & gave us each a £100 Virgin Atlantic voucher, as we were unable to use the vouchers for Planet Hollywood that they had given us when we finally arrived at Orlando Airport. The first decision Virgin made to swap the crew, was crucial - by giving us a crew who had already used several hours of their allowance, as they were originally scheduled to leave on a flight 2 hours before ours which was delayed. This subsequently delayed our flight from leaving & then when the refuelling took longer than anticipated, the crew's hours ran out. Had Virgin stuck with our original crew, & not swapped them, they would have had enough hours left to get us back to Orlando.

Just to add some of the facts that will be sent to Virgin shortly;


Re: VS015 on 30th April


Flight departure was delayed, left approx. 2.15pm after crew was changed.
Captain advised arrival Orlando 6.10pm, no notification regarding diversion then landing @ West Palm Beach, landed @ 6.15pm LT (No circling over Orlando IIRC).
Remained seated on plane, advised plane was to be refuelled to return to Orlando, this took several hours.
At 10pm LT the Captain announced that the crew were out of hours, new crew to be bused from Orlando ETA @ 2am 1st May. Passengers remained seated on the plane some distance from the terminal.
Advised passengers were to be bused into the terminal 40 at a time to clear immigration, first passengers left @11.20pm, my party left @ 12.00pm.
Bused to terminal then waited outside on the bus until 1.10am, cleared immigration @ 2.30am. Moved through terminal for refreshments (bottled water, crisps & biscuits). No hot drinks?
Waited for remaining passengers to be processed, very little seating, nothing else available other than toilets.
No information was given @ this time as to the return to Orlando..
Eventually returned to the plane @ 5.35am 1st May, left for Orlando @ 6.10am arriving at 6.45am.


As stated above 1 nights accommodation lost & 1 days hard earned holiday...


Very poor customer service & no duty of care IMO
Considering the time Virgin had to plan ahead I would not of expected this from a major company like Virgin.


They even had the nerve to cold sale call regarding the points from the flight.
But knew nothing regarding any delay..
Shambles or an acceptable Standard?