Flight delay and cancellation compensation, Virgin Atlantic ONLY

armanislam

gadders wrote: »

Has anyone had any luck claiming back for Virgin flight VS002 from Newark on 3/9/2012?

I claimed and received the following:

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

"The aircraft encountered an unexpected technical problem prior to take-off with one of its thrust reversers. Our engineers tried to fic the problem however after further investigation replacement parts were need to be sourced in order to rectify the problem, which could not be obtained locally."

As per the examples above re: technical issues, it sounds like they were wrong to deny the claim (and I will go back and challenge them).

I was wondering if anyone had successfully claimed for this flight?

Thanks,

Mark

Hi Mark,

I also claimed with Virgin for the same flight and got the same reply as you. I was wondering if you took the matter any further. Would like to know if you got compensated or not??

Please let me know. Many thanks.

armanislam

gadders wrote: »

Has anyone had any luck claiming back for Virgin flight VS002 from Newark on 3/9/2012?

I claimed and received the following:

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

"The aircraft encountered an unexpected technical problem prior to take-off with one of its thrust reversers. Our engineers tried to fic the problem however after further investigation replacement parts were need to be sourced in order to rectify the problem, which could not be obtained locally."

As per the examples above re: technical issues, it sounds like they were wrong to deny the claim (and I will go back and challenge them).

I was wondering if anyone had successfully claimed for this flight?

Thanks,

Mark

Hi Mark,

I also claimed with Virgin for the same flight and got the same reply as you. I was wondering if you took the matter any further. Would like to know if you got compensated or not??

Please let me know. Many thanks.

terriandaaron

i sent my form off around a month ago, nothing heard till today when i got a ive receved your letter heres a reference number , well getback to you within 12 weeks letter.....?

what do i do now wait? , is this an acceptable timeframe,(1 month for reponse plus up to 12 weeks).....dont they have to reply sooner?
does it mean there looking into it?..... or just a generic letter?

David_e

terriandaaron wrote: »

i sent my form off around a month ago, nothing heard till today when i got a ive receved your letter heres a reference number , well getback to you within 12 weeks letter.....?

what do i do now wait? , is this an acceptable timeframe,(1 month for reponse plus up to 12 weeks).....dont they have to reply sooner?
does it mean there looking into it?..... or just a generic letter?

When I first complained to Virgin, in 2009, they referred to the ABTA Code of Conduct.

The current one (can't post a link but google ABTA Code of Conduct) says:

Correspondence with Clients

5B) Deal with all correspondence with Clients as promptly as possible and, in any event, within the following time limits:

i) an acknowledgement shall be sent not later than 14 days from the date of receipt of correspondence and

ii) a detailed reply, or a reply containing a detailed explanation for any delay, shall be sent not later than 28 days from the date of receipt of correspondence.

It doesn't sound as if you have had the response that the Code entitles you to. Interestingly, the ABTA site also gives details of penalties for breaches of the code including:

Thomas Cook Scheduled Tour Operations Ltd was found to be in breach of 2 clauses of the code in respect of a client: it had failed to make a hotel booking correctly, for which it was fined £600 (clause 2B) and it had then not replied to the client’s complaint letter within 28 days, for which it was fined £400 (clause 5B).

I would complain to ABTA with a copy to Virgin.

I wonder whether Virgin are trying hard enough to deal with the presumably increasing volume of complaints. If they are not complying with the ABTA Code, they should be held to account.

David_e

Centipede100 wrote: »

The ABTA code means diddly squat in matters concerning 261/2004 since it is the airline with whom one is corresponding not a travel agent or tour operator.

When Virgin wrote to me in 2009 they volunteered that they would act in accordance with that so must have been a Virgin holiday including the flight.

Might help others in similar circumstances.

David_e

Centipede100 wrote: »

The only aspect they need to comply with is 261/2004 and its precedent case law.....!

Might help others in similar circumstances ... to get a quicker response from Virgin.

monkey3

Hi. I would be so grateful if someone with a little knowledge could check out the reply I got from Virgin when I tried to claim compensation for a delay of about 24 hours. Does anyone think it would be worth taking matters further or should I just leave it?

The flight was VS0016 and the scheduled departure date was the 24 Aug 2008 from Orlando to Gatwick. We finally got the flight about 24 hours later.

Their reply was:
"We have declined your claim on the grounds that the delay was caused by extraordinary circumstances beyond the actual control of Virgin Atlantic and which could not have been avoided even though all reasonable measures had been taken.

The aircraft scheduled to operate this flight experienced an unforeseeable technical malfunction on a previous flight which meant it had to return to Gatwick. A full engine change and associated testing were required. This caused the delay. There was no history of any issues with this engine, and the event could not have been prevented. The aircraft had passed all checks satisfactorily and been subject to a full and rigorous maintenance program; despite this, problems may occasionally develop.

Events of this nature, which are not foreseeable, occur in flight and lead to a full engine change, are considered extraordinary circumstances. As such no compensation is due in this instance"

Many thanks to anyone who may be able to help guide me.

111KAB

Monkey3 - technical problem is not an extraordinary circumstance and given the fact this was an engine change Virgin should have secured an alternative plane for you. If the problem was not Virgin's whose was it! In addition the problem was on a previous flight - not yours.

LVcraft

VS15 10th May 2012

LGW to ORD

Delayed. 352 min

I’m new to the group.
Notice several references (#22,#74#303) to flight VS15 whichwas delayed by 352 mins, due to problems in Antigua. I believe a plane was arrangedfrom france.

I flew in a party of 13 , mostly family. Wondered if anyonehas so far had any successful response from Virgin. I’ve got as far asdownloading the claim forms from the Virgin site, ready to complete. Wonderingif I should start the long road ahead?

111KAB

LVcraft wrote: »

I flew in a party of 13 , mostly family. Wondering if I should start the long road ahead?

For the amount due I would! :rotfl: