Flight delay and cancellation compensation, Virgin Atlantic ONLY

Tyzap

Housekeeping

Capi2649

Hi All


just a update on my claim and a bit of advice pls , Eventually have had a rejection letter regarding my claim and rejected due to EC (Meterogical Conditions) on the inbound flight , It does state they have consulted the CAA regarding the flight and they agree with VA that EC can be used ? , Are they Trying to pressurise me into dropping my claim? LBA has gone in in January and MCOL a week ago to which no response yet . Any advice on how I can prove no EC existed that day or is it up to VA to prove there was?

111KAB

Capi2649 ... your two friends are 1) Vauban's guide and 2) flightstats.

razorsedge

Capi2649 wrote: »

Any advice on how I can prove no EC existed that day or is it up to VA to prove there was?

It is up to VA to prove there was. Refer to Article 5 (4) of EU261/2004 and remember that post Sturgeon, 'cancellation' also means long delay.

Article 5
Cancellation
1. In case of cancellation of a flight, the passengers concerned shall:
....
(c) have the right to compensation by the operating air carrier in accordance with Article 7, unless:
....
3. An operating air carrier shall not be obliged to pay compensation in accordance with Article 7, if it can prove that the cancellation is caused by extraordinary circumstances which could not have been avoided even if all reasonable measures had been taken.

MARKMAKAVELI

Virgin Flight V025 Manchester to Orlando 29th Jan 2015.

Flight delayed for approx 7 hours due to snow.
When onboard, waited 1hr whilst they "de-iced" the plane.
After this hour, they said the flight staff have now worked their legal hours so we'll have to get another flight the next day instead.

Do we have a case? We lost a days car hire, hotel and most importantly a day off our holiday. I presume it will fall under the adverse weather catagory but thought I'd ask.

Caz3121

MARKMAKAVELI wrote: »

Do we have a case? We lost a days car hire, hotel and most importantly a day off our holiday. I presume it will fall under the adverse weather catagory but thought I'd ask.

I can't see why it would not be due to adverse weather and looking at flightstats for that date the vast majority of the flights were cancelled
You would be able to claim reimbursement of your hotel/meals at Manchester whilst you were waiting as the airline has a duty of care
You should speak to your travel insurance re reimbursement of your lost car hire etc

waggon6101

Ladylean wrote: »

I was delayed 23 hours on a Virgin flight from Gatwick to Las Vegas in April 2012 due to pilot sickness. I tried to get compensation when I got back from my trip, but was fobbed off (when the company eventually deigned to reply to my claim) and told there was no requirement for compensation to be paid. When the ECJ judgement ruled in favour of compensation payments to passengers delayed on flights, I tried again, first by letter (which was ignored) then by using the form hidden away on the Virgin Atlantic website. Virgin has denied my claim for compensation on the grounds that pilot sickness qualifies as an extraordinary circumstance; clearly, it does not. I have contacted the CAA but they are taking up to 8 weeks to reply other than to acknowledge my email. I am so fed up with the attitude adopted by Virgin and the total lack of customer service that I intend to make a claim against them in my local Court under the small claims procedure. I will let you know how it goes. (Perhaps Virgin should set aside some of the advertising budget they have used on their latest ridiculous TV advert to compensate their passengers.....) Needless to say, I shan't be travelling with Virgin again.

How did you get on taking them through the small claims?
I have just started the same process for the same reason.

waggon6101

How did you get on taking them through the small claims? I have just started the same process for the same reason.

Vauban

waggon6101 wrote: »

How did you get on taking them through the small claims?
I have just started the same process for the same reason.

She got her money:

http://forums.moneysavingexpert.com/showpost.php?p=61759969&postcount=360

waggon6101

Hi,
Thank you for that Vauban, does anyone know of any case law which has covered crew sickness?