Flight delay and cancellation compensation, Virgin Atlantic ONLY

Brettfoley

Thanks for your help, have made a claim through Bott and Co today will let you know the outcome

Regards

Brett

Justice13075

I used Bott & Co for my first claim but having read and contributed to the forum I would always do it myself now, as you have found there is plenty of help on the forum.

Megabusa

Hi All,

I wonder if anyone on here can offer advice on my next steps, or even if there is anyone here who is trying to claim for the same flight ...
3 of us were flying from Orlando to Gatwick on Virgin Atlantic VS16 on Saturday 6th July 2019.
We were waiting at the gate when a storm broke out, so boarding was delayed by a couple of hours. When we eventually boarded the plane, the captain anounced that the aicraft had a previous problem which had subsequently returned & the engineers were working on it.
After about an hour the captain anounced again that they were still having problems with the power & they needed us all to get off whilst the engineers ran some checks, so we all got off.
We waited until around 1am (the flight should have left at 19:50) when the staff announced the flight was cancelled & we would all be taken to hotels.
When we arrived at the hotel we were given a letter with details of the next days flight & also to say that the aircraft had been struck by lightning at the gate, so was damaged.
This was news to us, No mention of this was made at the time, or by the captain - he referred to a 'previous fault'.
As a result, Virgin have rejected my claim stating exceptional circumstances.

The truth is, I don't believe this is what happened. We were at the gate throughout that storm & there was nothing unusual about it. The captain also did not refer to the weather at all being the issue.
I believe this is Virgin trying to get out of a payout.

The question is, I don't know if I can take this any further - I cannot prove that the plane was not struck and it's unlikely that Virgin are going to prove to me that it was.

I am wondering about the next step, either with Bott & Co. or through Aviation ADR.

Anyone else had similar experience ?


Thanks,

Phil.

Justice13075

Put your flight details into both bottonline and euclaim and see what they say.

wendymac1

We were on same flight and have same refusal. Followed up with appeal to details given but still no joy. The pilot stated fault that thought was fixed had come back. We actually had smoke coming out of the air vents. Have you made any progress since this post? Don't really want to let it drop as I don't think they have been totally honest.

Caz3121

EUClaim appears to agree
"An analysis of the data for this flight shows that an extraordinary circumstance was the cause of the delay.
Unfortunately you are not entitled to compensation"
have you tried the Bott checker?

Megabusa

Hi - An update. Virgin still maintain it was extraordinary circumstances, TBH I don't believe them. I was there throughout the storm waiting at the gate & there was no indication or mention of anything like this until later. I believe they are trying it on.
I have passed it on to Bott & Co. who have taken it up as they have already issued court procedings for a group of passengers on that same flight, as they do not believe there were any 'extreme circumstances'.

It may take a few months until we know the outcome. If Virgin lose, then our claim is very likely to be awarded also.

Justice13075

Bott & Co win the vast majority of court cases.