Flight delay and cancellation compensation, Virgin Atlantic ONLY

TravelCork

I have an issue with a delay caused by a connecting flight on a Virgin Atlantic through ticket from the UK to the US. The flight from the UK was OK but the connecting Delta flight was cancelled and eventually an alternative was found involving a further connection in the US to get to the ultimate destination. In the end the delay was a little over 7 hours. What I am having trouble with is that although the first flight was Virgin, the delay was caused by Delta (albeit booked as a code share VS flight number) and as they are not a European carrier does it mean that ECJ does not apply? Virgin have basically said it is Delta's fault, deal with them!! Delta have offered $125 per person voucher (no value unless used for Delta product) with no accompanying explanation. Does anybody have an opinion as to whether or not Virgin have any responsibility given that they are the original carrier and it was all on one Virgin ticket?

JPears

Alas, almost certainly no claim under reg 261/2004. Although its a grey area that works very well in favour of codeshare airlines

TravelCork

That is what I was thinking. In addition of course Virgin and Delta are more or less the same airline these days as Delta own something like 49% but it allows Virgin to wash their hands. I guess I'm going to have to research what responsibility US carriers have towards passengers in this respect. Thanks for your input though. BTW how do I access 'FAQ and the Vauban's Guide?

NoviceAngel

TravelCork wrote: »

..........BTW how do I access 'FAQ and the Vauban's Guide?

Some members signatures contain very well hidden links......

silvercar

Am I too late to claim for a flight 30 December 2009?

111KAB

silvercar wrote: »

Am I too late to claim for a flight 30 December 2009?

No but you need to move very quickly! Bear in mind it is almost certain you will have to conduct your own claim/case.

silvercar

111KAB wrote: »

No but you need to move very quickly! Bear in mind it is almost certain you will have to conduct your own claim/case.

Oh, shame, I was hoping to give it to one of the NWNF firms. All I have is the receipt from Thomson holidays and the locator code. No boarding passes.

Justice13075

I am using Bott & Co and they have just got me compensation. Give them a quick ring see what they say. I did not have boarding passes either.

silvercar

Justice13075 wrote: »

I am using Bott & Co and they have just got me compensation. Give them a quick ring see what they say. I did not have boarding passes either.

I completed their online form and they said it was too near the 6 year deadline.

This has spurred me to give them a couple more that were lying around, so not all is lost (though that would have been the biggest claim).

Justice13075

Surely if you send them a letter before action then give them 14 days to reply if they say no or don't reply you can start court proceedings. Someone with more knowledge might disagree. Read Vaubans Guide and go from there. I suppose the question is are you OK when you serve papers at the court within 6 years or is it when the airline receive the court papers?.