Flight delay and cancellation compensation, Virgin Atlantic ONLY

worriedwoman_2

worriedwoman wrote: »

Just thought I'd let you all know what has happened so far regarding my claim for a 23 hour delay from Gatwick to Las Vegas last year...
First of all I emailed Virgin after my holiday last year and was told that the delay was due to the undercarriage door being damaged whilst the plane was on it's way back to Gatwick. As it was taking so long to repair we were to be put on another plane which was undergoing safety checks. Then we were told we would actually be flying the next day as the crew could not work any more hours. I was given 12500 Virgin miles as compensation.
When I heard about this new law I wrote to Virgin at their address in Dunstable claiming compensation for my husband and myself. I received a reply saying I had to fill in the claim forms which were on their website and send them to the Dunstable address. I did this. I then received a reply (after 2 weeks) declining my claim as "the damage to the plane could not have been forseen or prevented" They did not mention the crew's working hours at all. I then sent a notice before action letter, addressed to the company secretary, to the head office address in Crawley. After nearly 2 weeks I received my letter back in an envelope with a claim form!! It seems like I am going round in circles!! I have now sent a copy of my notice before action letter to the address in Dunstable, and will start court proceedings on 30th March if I do not receive settlement by then - which I doubt I will!! I would like to thank Mark2spark for all of his help in guiding me on what to do!!! I will update you all when this all comes to an end!!

Well, I have finally received a reply to my notice before action. Virgin have said that they are sorry that I am disappointed with their decision, but reiterate their explanation to me. The fault could not have been anticipated nor avoided even if they had taken all reasonable action at their disposal. They are also sorry that my holiday plans were disrupted!!
Oh well, I only lost a whole day in Las Vegas, no problem!!
I also find it funny that once again they have not mentioned the fact that their crew had worked their quota of hours and so could not work any more. Maybe they are hoping I might just forget this little bit of information they told me back in September before I started my claim? Every letter I have had since I started my claim only advises me of the fault with the plane.
So now do I start my online claim against them? Secondly, how much do I claim? Do I just convert the 600 euros into £ using today's rate? And how do I work out how much interest they need to pay? Do I work out the interest from the date I started the claim, or the date of my flight? All replies gratefully received!!

Vauban

worriedwoman wrote: »

So now do I start my online claim against them? Secondly, how much do I claim? Do I just convert the 600 euros into £ using today's rate? And how do I work out how much interest they need to pay? Do I work out the interest from the date I started the claim, or the date of my flight? All replies gratefully received!!

There are some useful links to step-by-step guides in the "Taking the airlines to court" thread. Have a read of those.

Ladylean

Weybridge 147
You will get a negative again from Virgin. I have already started the legal process against them since they claimed pilot sickness was an extraordinary circumstance in my case too (23 hour delay to Vegas). You will have to proceed with a claim and keep at it. I am now waiting to hear from MCOL re a referral to a Court hearing.

millsmum

I have just had my rejection letter. extradordinary circumstances.

"the flight was delayed due to an unexpected fault with an engine anti ice valve. this appeared during the push back of the aircraft. as a full investigation was required the aircraft returned to the gate for our engineering team to carryout the necessary works.
Failure and or warning of equipment failure after the aircraft has pushed back is deemed as extraordinary circumstance. technical problems stemming from events which by their nature or origin are not inherent in the normal exercise of our flying activity and are beyond our acutal control ie mechanical discrepancies ourtside of the standard manufacturers maintenance manual are exempt from compensation."

is this true?

Vauban

Centipede100 wrote: »

No it's not, the airline is being economical with the truth and the only entity who have 'deemed' this issue as extraordinary circumstances is the airline......

Well: it's a little less than half true.

The bit where they say extraordinary circumstances are "problems stemming from events which by their nature or origin are not inherent in the normal exercise of our flying activity and are beyond our acutal control" is true.

It's just that first bit - "Failure and or warning of equipment failure after the aircraft has pushed back is deemed as extraordinary circumstance" - and the part after the true bit ("ie mechanical discrepancies ourtside of the standard manufacturers maintenance manual are exempt from compensation") is complete nonsense.

The FAQs explain this all.

medical

Lil_Me wrote: »

SandLake in post 4 was successful, but that's the only one I've seen!

Will try and find time today to reply to Virgin.

I phoned virgin customer service a few days ago to tell them they would be taken to SCC court

today received a cheque from them for half the amount of money i am claiming.

I will be sending a letter back to ask for the full amount otherwise its all the way with SCC if they do not settle in full.

Just thought i should share
Medical

millsmum

Vauban wrote: »

Well: it's a little less than half true.

The bit where they say extraordinary circumstances are "problems stemming from events which by their nature or origin are not inherent in the normal exercise of our flying activity and are beyond our acutal control" is true.

It's just that first bit - "Failure and or warning of equipment failure after the aircraft has pushed back is deemed as extraordinary circumstance" - and the part after the true bit ("ie mechanical discrepancies ourtside of the standard manufacturers maintenance manual are exempt from compensation") is complete nonsense.

The FAQs explain this all.

its funny I keep going back to the facts and I still feel unsure of what I am doing, I think I have a case then I when I read again I think I don't. Its the fact that there is no clear cut definition of what is and what isn't extraordinary and how clever your airline is at masking the truth

Vauban

millsmum wrote: »

its funny I keep going back to the facts and I still feel unsure of what I am doing, I think I have a case then I when I read again I think I don't. Its the fact that there is no clear cut definition of what is and what isn't extraordinary and how clever your airline is at masking the truth

Have you read the Wallentin judgement? Though it doesn't give you a list of things, it's pretty clear from the principles it lays out. Anyone wanting to claim really does need to read Wallentin. I know some of it is a bit legal, but most ordinary people (I think) should be able to get their heads around it.

KillBetty

I have claimed for flight VS066 Montego Bay to Gatwick August 2nd 2008. We were delayed for just under 4 hours, I would of let it go had we been treated better at the time, but I still remember my daughter sitting on her suitcase crying and sweating hot , we were left in the check in cue for 3 hours with no information given for the delay. I was only informed at the actual point of checking in that their computer systems were down so passengers and luggage had to be checked in manually one by one.

I sent off virgins claim forms in February but as yet no acknowledgement even though their website states that they acknowledge within 14 days. I just filled in an online feedback form asking for an acknowledgement and my claim reference number to be provided.

After reading the other posts on here I suppose I am just waiting for a reply telling me there were "Extraordinary circumstances". If I do get turned down I fully intend to take them to small claims as I strongly feel they are trying to make customers give up by dragging out the procedure in hope we will go away...... No chance. I'm also thinking about contacting the TV program Watch Dog

Ich_2

Just to make sure that you understand how it works.
The check-in system will be owned and maintained by the airport as part of their infrastructure, so VA though they can complain about problems has no direct control over the system, they will have paid to use it but as part of the landing fees rather than in a client agent relationship

The check-in staff will either be employed by the airport or a seperate handling agent so will be acting as contractors to VA.
The lack of customer care is certainly something that needs addressed, but it was rather a long time ago!

The delay cause could go either way!