Flight delay and cancellation compensation, Virgin Atlantic ONLY

leylandsunaddict

evansm72 wrote: »

TBH leylandsuna I saw the flybe/delta one to from EDI but thought that the window between the flybe flight and the Delta flight was to short. if the flybe flight had any delay they would have struggled to get the connection onto Delta. I think there was an hour. bit close with so much at risk.
Not much of a "choice" regarding flying from another airport on this day really. Our "Choice" was taken away from us when we had the flight cancelled on us. Had the manchester one not been offered at the time of booking we wouldn't have chosen to fly from LGW or EDI.

It is a legal connection, but it's a risk.

You could have cancelled so it was your choice. The answer remains the same though. Your credit card isn't going to refund you, so unless your travel insurance covers, which I doubt, you're out of luck.

GoToGate are less than stellar. Chalk it up to experience and remember to avoid third parties when booking flights, and book direct with the airline. If you must use a third party do your research and choose a reputable one like Netflights.

hick77s

We would have lost £650.00 on the hotel if cancelled so again stuck between and rock and a hard place there but sound advice duly noted leylandsuna. Will do.
First and last time Im getting burnt with this.

Voyager2002

evansm72 wrote: »

Ok,

The question remains of whether I can get that flight money back from someone. Credit Card?

I doubt it, and certainly not from the credit card.

Jamesn2016

Hi all,

I was booked on a flight with Virgin Atlantic from Gatwick to Cancun, Mexico for 12 today. When I checked yesterday for my flight it was not listed and i knew something was up. It turns out they have rescheduled the flight for tomorrow.

After speaking on the phone to customer services they apparently sent an email and text in September and October to notify me of this, neither which I received. They have agreed to cover reasonable costs while I wait over 24 hours from the original flight at Gatwick. They will not cover the costs for missed hotels or car hire in Mexico.

The main customer relations team, who have more authority, are unable to help as they are only open in the week and it's the weekend. Now stuck at Gatwick twiddling thumbs. Ideally would want to be moved to another flight but there are no Virgin flights today and only a BA one leaving which the team do not have authority / potentially won't put us on.

My issue is that as far as I am concerned they have not contacted me to let me know about this important change. Thier communication has been poor. Ive checked the contact details which are correct. They have offered a full refund but I'd be losing 1200 with my partners ticket if I choose to do that and fork out for the BA flight myself. Due to that cost it's not an option unless Virgin pay.

I've read the money saving expert article and it appears rights around this are potentially limited but it does make reference to lack of contact. I have hit a brick wall with the weekend customer service team who lack authority. I could go to the airport and speak to the virgin folk there but not sure if they would be able to tell me anything different. Any advice would be very welcomed. Absolutely gutted to be missing my holiday, so advice would be much appreciated.

Many thanks

James

Tyzap

Hi Jamesn2016,

Virgin are being unreasonable and on the basis that waiting until tomorrows Virgin flight will cost you money I would get the BA flight today and then argue about it later.

I think a judge would support you once you put a case together, if that is what it takes to make Virgin see sense.

Good luck.

Vauban

Tyzap wrote: »

Hi Jamesn2016,

Virgin are being unreasonable and on the basis that waiting until tomorrows Virgin flight will cost you money I would get the BA flight today and then argue about it later.

I think a judge would support you once you put a case together, if that is what it takes to make Virgin see sense.

Good luck.

But if Virgin are able to demonstrate that they sent an email and text - and I don't think they have to prove you received it - then you most likely will not be able to claim back your BA fare. (And if you do fly out BA, you'll need to make sure Virgin don't cancel your return flight, which would normally happen if you're a no show for the outward leg).

Tyzap

Vauban wrote: »

But if Virgin are able to demonstrate that they sent an email and text - and I don't think they have to prove you received it - then you most likely will not be able to claim back your BA fare. (And if you do fly out BA, you'll need to make sure Virgin don't cancel your return flight, which would normally happen if you're a no show for the outward leg).

The 'better enforcement' document published by the European Commission states the following...

3.2.5. Burden of proof in the event of cancellation
Article 5(4) of the Regulation imposes on air carriers the burden of proof as regards whether and when the passengers have been individually informed about the cancellation of their flight.

I'm not sure that Virgin could classify a PAX as a 'no show' following the original flights cancellation, and the PAX then having to arranging their own re routing due to the lack of assistance from Virgin.

It may help if the op were to inform Virgin of his intention in advance tho!

All very arguable in court but given that the regulations 'must be interpreted strictly' also very winnable IMHO:)

Vauban

Fair point - but it's not clear to me how any airline could reasonably prove that an email or text had been received, only that they had sent it to an email address that was appropriate.

It could be winnable, but it feels to me awfully loseable too! The OP should be aware of this if he chooses to buy a second flight.

There is a broader point, which is no use for the OP but worth reiterating all the same: the importance of checking reasonably regularly whether one's flight is still scheduled as booked. Whoever is legally responsible, it's a rubbish situation for the passenger to find themselves in on the morning of their supposed departure.

I wonder how he got on?

Tyzap

Fair point - but it's not clear to me how any airline could reasonably prove that an email or text had been received, only that they had sent it to an email address that was appropriate.

Not sure myself, perhaps they would be expected to receive an acknowledgement from the PAX. Not a PAX problem tho.

It could be winnable, but it feels to me awfully loseable too! The OP should be aware of this if he chooses to buy a second flight.

Cassandra, it was always the OP's call tho.

There is a broader point, which is no use for the OP but worth reiterating all the same: the importance of checking reasonably regularly whether one's flight is still scheduled as booked. Whoever is legally responsible, it's a rubbish situation for the passenger to find themselves in on the morning of their supposed departure.

True, but that depends on how it should be checked, which I presume depends on how it was booked.

I wonder how he got on?

Yes me too, it must have been a hectic day whatever he decided to do. Hope we get an update.

duchy

Did you not check in online ?

You knew the day before travel that something wasn't right yet you didn't try to contact Virgin on that day but simply went to the airport the following day. This makes no sense.

In a purely hypothetical scenario you could have realised when you went to do online check in that the email you hadn't bothered opening had given you the heads up on Friday but you decided to try your luck by pretending you didn't know in an attempt to get compensation. I'm sure this wouldn't be the case for yourself but the fact some people do try it on means Virgin will likely not offer anything more than food and hotel until tomorrow's flight.