Flight delay and cancellation compensation, Virgin Atlantic ONLY

Brettfoley

I have a 9 page report would you like me to send it to you

Tyzap

Brettfoley wrote: »

I have a 9 page report would you like me to send it to you

If you could PM it to me that would be very helpful. You should remove any personal data first tho.

Just be aware that there is a word quota for PM's so you may have to split it into 3 or 4 documents.

Thanks and good luck.

Brettfoley

Have sent report to you, Bott & Co will accept the claim but quite expensive, will decide over the weekend wether to go through them of try small claims on my own

Thanks

Brett

Tyzap

Brettfoley wrote: »

Have sent report to you, Bott & Co will accept the claim but quite expensive, will decide over the weekend wether to go through them of try small claims on my own

Thanks

Brett

I’ve only received up to 3.2.

Bott & Co do charge a percentage but MCOL can be time consuming and stressful so entirely up to you.

Brettfoley

Can only submit 1 message every 60 minutes should have 2nd page now will send the rest as I can

Tyzap

Brettfoley wrote: »

Can only submit 1 message every 60 minutes should have 2nd page now will send the rest as I can

Thanks, maybe try copy+paste a few pages at a time.

Brettfoley

Should have all pages of report now

Tyzap

Hi Brettfoley,

Thanks for the adjudication decision document.

This is my observations and opinion on that adjudication.

The author seems to have managed to copy and pasted Ryanair into her decision document, how bizarre and sloppy. She has also made many assumption, rather than relying on pure fact and evidence provided

The more I look into this (poor) decision by CEDR, the more discrepancies I find.

1) The delayed flight was the one prior to yours (VS15). Your flight (VS16) was not directly affected by weather problems, so your flight delay cannot be caused by a weather EC.

2) The pilots that flew VS15 from LGW to MCO would not be expected to then (3.5 hours later) fly VS16 back to LGW. There would be a change of crew at Orlando, so that should not have been an issue or had any bearing on the facts of the case.

3) Virgin sent your plane back to Manchester 2h13m before you eventually left. If they had used that aircraft for you, they could have mitigated the delay by 2h13m, something the adjudicator happily accepted Virgin could not have done.

4) Let's just assume that the same pilots from VS15, that was diverted to MIA, were to also planned fly your plane back to LGW due to last minute crew changes caused by the weather disruption (which the adjudicator hinted at).
The crew, in that case, had a 28h35m rest period, which is way beyond the regulation minimum requirements.

IMO the whole case made by the adjudicator is confused, lacks clarity, lacks accuracy, makes too many assumptions and shows a lack of legal knowledge of EC261/2004.

Wendawes

Just wondering if you ever got your compensation as I was in a similar position and was told by Virgin that pilot sickness was ‘extraordinary circumstances’

Tyzap

Wendawes wrote: »

Just wondering if you ever got your compensation as I was in a similar position and was told by Virgin that pilot sickness was ‘extraordinary circumstances’

Pilot sickness can be an EC, but often it is not. It really depends upon the circumstances of your particular case.

If you want to post all the details we can give an opinion and how to best move forwards.

Good luck.