Flight delay and cancellation compensation, Virgin Atlantic ONLY

Caz3121

great result

JPears

bumped housekeeping

xssc32x

Hi
Recently put a claim in via Virgin Website for delayed flight from Las Vegas to gatwick which was over 3hours late, and have just received following response

Thank you for your completed EU Compensation Application Form. We have now reviewed your claim in relation to the following flight:

Booking Reference
Flight Number

Aircraft Registration

Scheduled Date and Time of Departure
Actual Date and Time of Departure
Departure Airport
Arrival Airport
Length of Arrival Delay


VS44
G-VROY
25 September 2010 at 16:40
25 September 2010 at 20:14
Las Vegas
London Gatwick
3hrs 51mins

We regret to advise that your claim has been denied on the grounds that the delay was caused by extraordinary circumstances which could not have been avoided even if all reasonable measures had been taken.

Guidelines on applying ‘extraordinary circumstances’ have been developed by the national enforcement bodies (NEBs) across Europe, including the UK Civil Aviation Authority. These guidelines help to provide a clearer definition and we believe your particular claim falls under the category of

Number
Category
Incident

25
Unexpected flight safety shortcomings
Failure of necessary or required aircraft systems (for example the cooling system, avionics system, flight control system, flaps, slats, rudders, thrust reverser, landing gear) either immediately prior to departure or in-flight (where those systems had been maintained in accordance with the required maintenance programme).

This is part of the ‘extraordinary circumstances’ criteria as the aircraft scheduled to operate the flight encountered an unexpected technical problem shortly prior to departure. A hydraulic leak was discovered on the aircraft. Our engineers immediately investigated the issue and carried out remedial works to rectify the problem. Although they were able to fix the leak, unfortunately this could not be done without causing a delay to the flight.

The full NEB guidelines can be found on the following link:
http://www.caa.co.uk/WorkArea/DownloadAsset.aspx?id=4294974505

We are, of course, sorry that your plans were disrupted at the time and apologise for any inconvenience caused.

Yours sincerely

Is this something that can be followed up via NBA and DIY or NWNF company ?

Any advice would be appreciated
Thanks
Si

DrA_Harrogate

Hi Si

The NEB guidelines are misleading and have been overruled by various Courts. You may well have a case as mechanical problems are generally not extraordinary. Read and digest Vauban's most excellent guide and I think you will probably then decide to proceed. The good news is that these days airlines often give up in the face of a well informed and determined claimant, which is what you will shortly be. Keep us informed!

razorsedge

xssc32x wrote: »

Is this something that can be followed up via NBA and DIY or NWNF company ?

Virgin will try to fob you off until the end of September because six years after your flight date you have no legal recourse available.

NBA & DIY - If you do not start court action soon you will be out of time (in England/Wales). You are already out of time if using Scottish Courts.
NWNF - May decide to decline to help as it is close to the six year limit already.

DIYBaldyman

xssc32x wrote: »

We regret to advise that your claim has been denied on the grounds that the delay was caused by extraordinary circumstances which could not have been avoided even if all reasonable measures had been taken.

Guidelines on applying ‘extraordinary circumstances’ have been developed by the national enforcement bodies (NEBs) across Europe, including the UK Civil Aviation Authority. These guidelines help to provide a clearer definition and we believe your particular claim falls under the category of

Number
Category
Incident

25
Unexpected flight safety shortcomings
Failure of necessary or required aircraft systems (for example the cooling system, avionics system, flight control system, flaps, slats, rudders, thrust reverser, landing gear) either immediately prior to departure or in-flight (where those systems had been maintained in accordance with the required maintenance programme).

This is part of the ‘extraordinary circumstances’ criteria as the aircraft scheduled to operate the flight encountered an unexpected technical problem shortly prior to departure. A hydraulic leak was discovered on the aircraft. Our engineers immediately investigated the issue and carried out remedial works to rectify the problem. Although they were able to fix the leak, unfortunately this could not be done without causing a delay to the flight.

The full NEB guidelines can be found on the following link:

http://www.caa.co.uk/WorkArea/DownloadAsset.aspx?id=4294974505

Is this something that can be followed up via NBA and DIY or NWNF company ?

Any advice would be appreciated
Thanks
Si

As DrA_Harrogate said below - the CAA list of Extraordinary Circumstances is misleading. If you follow the link that Virgin sent to you, you will see on the list that E-C's numbers 21 through to 27 were removed following the Jet2 vs Huzzar Court Of Appeal judgement in 2014, therefore the very reason they are using to deny you a compensation payment has previously been deleted by way of a binding court judgement.

Follow the advice already given - download & read Vauban's Guide. Write your NBA yourself, make specific reference to the CAA's E.C. list being amended following the Jet2 vs Huzzar judgement - if after the 2 weeks you have had no response start court proceedings online (all in the guide). You really shouldn't need a NWNF lawyer in your case, it's black & white - your claim is valid & (as has been suggested previously) Virgin are attempting to stall as it's approaching the 6 year mark.

Vauban's guide;
https://dl.orangedox.com/GdfSa4xUZdZI5GJadr/Vauban's%20Guide%20to%20Claiming%20Flight%20Dela%20%20y%20Compensation.pdf

Slayerx

Hope this is the right place to post.

Booked a flight to NYC and back through Virgin however Delta are operating the flight.

The flight is this October.

Found out today the return flight has been cancelled and Virgin advised me I need to speak to Delta to find out why but they confirmed they have booked my on a new flight 24 hours later.

Delta wouldn't say why it's cancelled and tell me Virgin are responsible for any extra cost incurred due to needed a hotel for an extra night and Virgin say it's Delta.

Any idea who is right

Tyzap

Slayerx wrote: »

Hope this is the right place to post.

Booked a flight to NYC and back through Virgin however Delta are operating the flight.

The flight is this October.

Found out today the return flight has been cancelled and Virgin advised me I need to speak to Delta to find out why but they confirmed they have booked my on a new flight 24 hours later.

Delta wouldn't say why it's cancelled and tell me Virgin are responsible for any extra cost incurred due to needed a hotel for an extra night and Virgin say it's Delta.

Any idea who is right

Hi and thanks,

I believe Virgin have been making some changes to their schedules, see the following...

http://news.delta.com/delta-virgin-atlantic-strengthen-network-between-us-uk

You booked with Virgin and they are making changes to your booking so I believe they are responsible.

Are you departing from Man?

I thought these were daily flights, so if operated by Virgin or Delta don't see why they have to change your date.

Good luck.

Slayerx

I actually booked through a 3rd party called Omega Travel sorry should of said.

Found the flight of flight scanner said Virgin then after booking it confirmed its a Virgin flight operated by Delta.

Yes Manchester to JFK in October this year.

Tyzap

Slayerx wrote: »

I actually booked through a 3rd party called Omega Travel sorry should of said.

Found the flight of flight scanner said Virgin then after booking it confirmed its a Virgin flight operated by Delta.

Yes Manchester to JFK in October this year.

If your flight gets cancelled or changed at this early stage you will not be due any EU261 compensation, which is what this thread is about.

Maybe best to ask on the main Flight, Currency and Car Hire thread but I feel Virgin should sort this out for you.

Good luck.