Flight delay and cancellation compensation, Virgin Atlantic ONLY

Rocket2011

Upon push back, we were told that there was a problem with an engine anti-ice valve. The aircraft returned to the gate and we were initially told that the issue should only take an hour to resolve. We sat on the plane for nearly 5 hours! We were given water to drink and the children were given little packets of pretzels. The crew said that they were unable to provide a hot meal as this may further delay departure. The crew were taken off our plane and transferred to a plane with a later departure time.

We finally took off 4 hours and 56 minutes later!

We have completed claim forms and after an initial delay where Virgin reckon they had not received our paperwork, we have had a response and Virgin have declined our claim. This is what they have to say -

We regret to advise that we have declined your claim on the grounds that the cause of the delay was caused by extraordinary circumstances which were beyond the actual control of Virgin Atlantic and which could not have been avoided even if all reasonable measures had been taken.

In your particular case the flight was delayed due to an unexpected fault with an engine anti ice valve. This appeared during the push back of the aircraft. As a full investigation was required the aircraft returned to the gate for our engineering team to carry out the necessary works.

Failure and/or warning of equipment failure after the aircraft has pushed back is deemed as an extraordinary circumstance. Technical problems stemming from events which by their nature or origin are not inherent in the normal exercise of our flying activity and are beyond our actual control i.e mechanical discrepancies outside of the standard manufacturer's maintenance manual are exempt from compensation.

We offer our sincere apologies for the inconvenience caused by the disruption to your flight and any disappointment this decision brings.

Is it worth taking further? If so, how? Any advice would be greatly appreciated.

Many Thanks!

Vauban

Rocket2011 wrote: »

Upon push back, we were told that there was a problem with an engine anti-ice valve. The aircraft returned to the gate and we were initially told that the issue should only take an hour to resolve. We sat on the plane for nearly 5 hours! We were given water to drink and the children were given little packets of pretzels. The crew said that they were unable to provide a hot meal as this may further delay departure. The crew were taken off our plane and transferred to a plane with a later departure time.

We finally took off 4 hours and 56 minutes later!

We have completed claim forms and after an initial delay where Virgin reckon they had not received our paperwork, we have had a response and Virgin have declined our claim. This is what they have to say -

We regret to advise that we have declined your claim on the grounds that the cause of the delay was caused by extraordinary circumstances which were beyond the actual control of Virgin Atlantic and which could not have been avoided even if all reasonable measures had been taken.

In your particular case the flight was delayed due to an unexpected fault with an engine anti ice valve. This appeared during the push back of the aircraft. As a full investigation was required the aircraft returned to the gate for our engineering team to carry out the necessary works.

Failure and/or warning of equipment failure after the aircraft has pushed back is deemed as an extraordinary circumstance. Technical problems stemming from events which by their nature or origin are not inherent in the normal exercise of our flying activity and are beyond our actual control i.e mechanical discrepancies outside of the standard manufacturer's maintenance manual are exempt from compensation.

We offer our sincere apologies for the inconvenience caused by the disruption to your flight and any disappointment this decision brings.

Is it worth taking further? If so, how? Any advice would be greatly appreciated.

Many Thanks!

Virgin's explanation is utter pap - or at least, shall we say, not supported in law. But if you want your money you'll have to fight for it: read the FAQs, and all the links, if you're serious about taking this further.

Kevtamuk

Hi wonder if anyone can help. I am now doing the MCOL forms but I am unsure which address I should use - the EU compensation form went a PO Box in Dunstable but their registered office is in Crawley.

Any ideas?

Thanks in advance

Joolz2308

Kevtamuk wrote: »

Hi wonder if anyone can help. I am now doing the MCOL forms but I am unsure which address I should use - the EU compensation form went a PO Box in Dunstable but their registered office is in Crawley.

Any ideas?

Thanks in advance

I used Virgin Atlantic Airways Limited, The Office, Manor Royal, Crawley RH10 9NU.

Joolz

Kevtamuk

Thanks - I will go with the Crawley address then

worriedwoman_2

Originally Posted by Kevtamuk
Hi wonder if anyone can help. I am now doing the MCOL forms but I am unsure which address I should use - the EU compensation form went a PO Box in Dunstable but their registered office is in Crawley.

Any ideas?

Thanks in advance

I rang Virgin customer services and they said that the Dunstable address was fine, so I used that.

I'm sure it will get to them whichever one you use!

millsmum

Vauban wrote: »

Virgin's explanation is utter pap - or at least, shall we say, not supported in law. But if you want your money you'll have to fight for it: read the FAQs, and all the links, if you're serious about taking this further.

we are on the same flight and I have had a pm from someone else who was on the flight, can we go through the process as a group or do we have to be individuals?

millsmum

Centipede100 wrote: »

You need to make separate claims.

I have also re read all the faqs and as far as I can see I (we) have a valid claim. can you see any reason why I can not proceed with this?

millsmum

Centipede100 wrote: »

None whatsoever.

thanks I am dragging my feet as this is new ground for me. I wanted to give them the option of free flights rather than cash, is this advisable or should I just stick to the standard procedure.
I just thought that I would be better off with 4 return flights man to mco next august than the cash. or will i end up in a sticky mess

Vauban

millsmum wrote: »

thanks I am dragging my feet as this is new ground for me. I wanted to give them the option of free flights rather than cash, is this advisable or should I just stick to the standard procedure.
I just thought that I would be better off with 4 return flights man to mco next august than the cash. or will i end up in a sticky mess

The airline is able to offer you vouchers to the same amount, if you agree. I wouldn't try to be too clever asking for "flights" or other kinds of compensation. This takes you away from your entitlements under 261/04, and beyond that regulation your rights are very limited.