Flight delay and cancellation compensation, Virgin Atlantic ONLY

pairoffives

Cessj wrote: »

Hello, I've looked elsewhere on the site for an answer to my query without success, so hope someone will have an answer for me.
My flight from Bridgetown Barbados to 28th June this year (2014) was cancelled/delayed for a full 24 hours. I had checked in online prior to leaving my accommodation but on arrival at the airport was informed that the flight would be delayed by 24hours. Virgin put us all up in hotels - in my case a crummy one, but at least they took responsibility) we were fed and watered and next day were picked up and returned to the airport (at 1.00pm for a 5.10 departure so lots of wasted time sitting around in airport). We were all given extra air miles and I was happy with this and wouldn't bother to make a claim for compensation on this basis...until I checked how far I could get for my air-miles and I wouldn't even be able to get from my home in London to Manchester! The question I have is having accepted the air miles or air rewards as Virgin terms it, can still lodge a claim for compensation for my cancelled/delayed flight. According to Virgin the fault was due to the aeroplane needing a new engine or engine part.

My party received some reward miles, the piece of paper said that you couldn't claim anything else but we still claimed and received the compensation!

pairoffives

Anyone had contact from virgin recently? Had 3 'phone calls from an 08 number (which I never answer to) but no message left. When I looked up the number it was listed as a virgin one, but not on no 0870!!

Was just wondering as my OH sent an email last week reminding virgin that we are yet to receive compo for our son, who was 5 at the time of delay and had a fully paid for seat!

NoviceAngel

FrequentFlyer33 wrote: »

Hi all,

I have been fighting Virgin for nearly 6 years for compensation and have finally had my claim agreed after the recent Court of Appeal ruling.

In 2009 the Exchange Rate of the Pound to the Euro was about 1.11 whereas they have calculated it at today's rate of 1.25 which for 600 Euros is a difference of £60 per person which works nicely in Virgin's favour!

Is there any guidance as to whether the exchange rate has to be calculated at the date of the incident or date of compensation award?

Thanks for any guidance!

If you have taken your claim through the Court system then the amount will be the sum you initially claimed plus interest if you requested it from the date of the delay.

I get the feeling that this claim is not a Court case and that Virgin have just offered to settle, so there's no definitive answer you can either choose to accept the sum offered, go back and argue for more or issue an NBA further details in PtL Vaubans guide, links in the sticky at the top of the forum.

Cheers,

NoviceAngel

FrequentFlyer33

Thanks NoviceAngel for your answer. It was indeed a claim to Virgin direct and not through the courts. They had denied compensation for a long time.

I just wondered if there was a clear legal answer about something like this because the Exchange Rate can fluctuate greatly over so many years and can affect the amount paid out.

i would have thought that it should be calculated as at the date of the flight because had they not argued it and paid out then, I would have been better off.

Any opinions?

NoviceAngel

FrequentFlyer33 wrote: »

i would have thought that it should be calculated as at the date of the flight because had they not argued it and paid out then, I would have been better off.

Any opinions?

It has been debated regularly on here, when applying to Court, you can use the date of the delay or the date of your application - whatever is the most favourable.

When in direct discussion then you will have to convince them to use the date of the delay since that works out better for you, but they don't have to agree and that's the point you can enter the NBA. Others may disagree, but personally I wouldn't argue over it.

At least your receiving payment, spare a thought for your Jet2 friends.

lainieh

Hi All
Just wanted to share my news Having read this forum for a while I decided to try and claim for our VA Manchester-Orlando flight that was delayed in 2012
Although we were almost 5 hours delayed in departure we arrived just under 4 hours late
I completed the VA forms and posted at the beginning of November - just had 4 cheques through the post this morning .... Result:rotfl: :T:j

pairoffives

Hi All

I made a claim at the start of the year for my party of 4, consisting of 3 adults and 1 child.

We got paid for the 3 adults but not the child. Further comms were unsuccessful including sending an NBA.

I never actually got round to claiming due to building works on the house.

Anyway fired off an email a couple of weeks ago saying that the Courts have stated airlines have to pay out and as we had already sent the claims form prior we now expect payment. I also stated in the email that interest etc would be claimed if it goes as far as applying to the Courts and today a cheque arrived for £495:j:j:j

Moral of the story, don't give up, even more so now that the Courts have ruled!!

wokinghamowl

Hopefully I've posted this in the correct forum now so apologies if its duplicated.

My parents have recently returned from Las Vegas to Gatwick but got delayed as their plane would have been the Virgin plane that had to make a nonstandard landing and was flying out to pick them up, as that plane didnt make it to Las Vegas they got delayed 23hrs.

As they have been delayed over 4hrs will they be able to claim compensation or will Virgin say it is down to 'extraordinary circumstances' and decline the claim? Whats the best thing they can do?

Also when they landed they were given a form to claim 12,500 points, if they claimed these points would that mean they can’t claim any compensation? The form says “We offer our apologies and as a gesture of goodwill for staying with us, some additional Flying Club miles. This offer supersedes any previous gestures made”

Thanks in advance

Vauban

wokinghamowl wrote: »

As they have been delayed over 4hrs will they be able to claim compensation or will Virgin say it is down to 'extraordinary circumstances' and decline the claim? Whats the best thing they can do?

1. Yes
2. Yes
3. Read my guide on next steps.

wokinghamowl wrote: »

Also when they landed they were given a form to claim 12,500 points, if they claimed these points would that mean they can’t claim any compensation?

If offered as a "gesture of goodwill" it shouldn't make any difference to their ability to claim.

Johnm

Hi All,
I sent an EU claim to Virgin for a flight delayed over 4 hours in 2010. They responded with an email asking me to complete their claim form, which I returned on 22.11.14. They said they would acknowledge within 2 weeks but I haven't heard anything. And their telephone number for EU claims is just an answering service and nobody calls back. It seems they are uncontactable if they so choose, I can't even establish that they've received my claim.
Any ideas?
Thanks folks
John