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Flight delay and cancellation compensation, Virgin Atlantic ONLY

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  • Mark2spark
    Mark2spark Posts: 2,306 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    pmsjv wrote: »
    Received cheque from Virgin this morning for £2120!

    Timeline:

    01/02/13 Claim form sent to Virgin
    08/02/13 Claim rejected - Extraordinary Circumstances
    14/02/13 Further letter to Virgin rejecting their interpretation of EC
    03/04/13 Claim again rejected
    11/04/13 NBA issued
    24/05/13 Claim issued through small claims MCOL
    04/06/13 Virgin acknowledge with notice of intention to defend
    13/06/13 Cheque received with letter

    I am happy with the outcome having paid c£10k for 4 upper class tickets and having lost a whole day of our holiday. Its a shame I had to take them to court to get them to settle.

    Excellent news!
    Add it to the court success thread please.

    More clear evidence that ONLY taking court action forces airlines to pay up, - often for indefensible cases too.
    They simply won't pay unless they are forced to as there's no fines or punishment whatsoever if they refuse to pay.
    Hang your heads in shame CAA :(
  • We were delayed recently on a return flight from Orlando to Manchester by over 24 hours as the pilot fell ill and they had to fly a replacement lilt in from Las Vegas, Virgin Atlantic offered us airmiles to say sorry if we accept these does this affect our right to claim compensation against them?
  • stavros42
    stavros42 Posts: 98 Forumite
    We were delayed recently on a return flight from Orlando to Manchester by over 24 hours as the pilot fell ill and they had to fly a replacement lilt in from Las Vegas, Virgin Atlantic offered us airmiles to say sorry if we accept these does this affect our right to claim compensation against them?

    Thank them for the air miles but also tell them that you will still pursue them for statutory compensation under EU regulations.
  • l4cpb
    l4cpb Posts: 3 Newbie
    hi there

    has anyone else that was on this flight which was delayed from Cancun to LGW on 1st June 2013 put in a claim?

    i think i am gonna put in a claim even though Virgin are saying that it was weather that was the problem.

    this plane was diverted to Cozamel when it arrived in Mexico (it was however 2.5 hours late leaving the UK). the weather was bad when it arrived however other planes were taking off and landing as we sat waiting in the airport.

    we were then left stuck in Cancun for 48 hours, due to the organisation on the ground in Cozumel resulting in a disruption and then when they flew the plane from Cozumel to Cancun the next day this meant the crew did not have enough crew hours to fly to UK so we were stuck in Cancun for another night.

    do you think this will be rejected as weather was involved?

    any help you can give will be gratefully received as we have been treated very badly by Virgin and the hotel they put us all in for 2 days was disgusting with water everywhere including in the rooms, wet bedding and water leaking onto the food!

    Caz
  • donamp
    donamp Posts: 17 Forumite
    edited 14 June 2013 at 2:42PM
    Hi I am looking for some advices we was delayed in may 09 coming back from st lucia, the flight was over 4 hours delayed. I have filled the forms in off virgins website.

    I have had the usual reply that they have declined my claim on the grounds of extraordinary circumstances. Their response was

    The aircraft originally scheduled to operate your flight out of London gatwick to st lucia was required to undergo some further checks in addition to those that are carried outin a routine basis after it arrived into gatwick that morning from its previous sector.

    Our engineers discovered there were some issues with the number one engine with unusual vibration being made. When these checked thoroughly, it was clear they exceeded a maximum level which warranted further investigation.

    As soon as we knew the extent of the situation, our uk operations team made plans and were able to source another aircraft which could operate the VS31 if needed. We were still awaiting the results of the above mentioned testing but in a bid to minimise any disruption, we flew in the spare aircraft to be readied for departure just in case.

    Do I have a claim? On Monday 10th June I sent the NBA letter was worth a try i thought?

    Thanks in advance
  • donamp
    donamp Posts: 17 Forumite
    It also says at the bottom of the letter.

    It would be intolerable sacrifice for us to keep and maintain spare aircraft plus a full crew at all our outstations in the rare event that they would be needed.
  • dawo1973
    dawo1973 Posts: 5 Forumite
    We were delayed recently on a return flight from Orlando to Manchester by over 24 hours as the pilot fell ill and they had to fly a replacement lilt in from Las Vegas, Virgin Atlantic offered us airmiles to say sorry if we accept these does this affect our right to claim compensation against them?

    As on previous page. We were on flight too, and have now sent off the Virgin EU compensation forms.

    Could anyone with any experience advise as to whether sickness of a pilot would ever class as exceptional circumstance?

    Not that I believe that a 25 hour delay would ever class as that, but would just like to know if it was possible.
  • Vauban
    Vauban Posts: 4,737 Forumite
    Part of the Furniture Combo Breaker
    dawo1973 wrote: »
    As on previous page. We were on flight too, and have now sent off the Virgin EU compensation forms.

    Could anyone with any experience advise as to whether sickness of a pilot would ever class as exceptional circumstance?

    Not that I believe that a 25 hour delay would ever class as that, but would just like to know if it was possible.

    What you are asking is whether a judge could ever be persuaded that it were possible. And the answer to that, unfortunately, is yes. The wording of the regulation and subsequent cases do not exclude the possibility. I would say it is very unlikely - but then I am not the one hearing your case, should you take it to court (as you should!).
  • Further to my previous posts, it seems that the letter we sent to the CAA in December after our refusals from Virgin did have some impact.
    We heard nothing from the CAA, but our Virgin payment letter last week said "Further to your correspondence with the CAA...." and "Having reviewed your claim and in accordance with regulation EU261/2004 and in full and final acceptance of your claims...." What a change from my previous exchanges!!!!
    Most grateful to all who have helped to get a growing number of us motivated and convinced to chase up our right to compensation due to the failure of an airlines service. It was an inconvenience to be delayed with a young family in tow and felt more could have been done at the time to compensate us, which they have now done(at last), much to my satisfaction.
    I look forward to flying with them again, just without the problems........Let's hope.
  • Lil_Me_2
    Lil_Me_2 Posts: 2,664 Forumite
    We were delayed recently on a return flight from Orlando to Manchester by over 24 hours as the pilot fell ill and they had to fly a replacement lilt in from Las Vegas, Virgin Atlantic offered us airmiles to say sorry if we accept these does this affect our right to claim compensation against them?

    We'd accepted 10,000 miles from them at the time of the delay 5 years ago, but were able to claim compensation with no mention of the miles. Not sure I'd accept the miles if you're making a claim of compensation soon after though as it would be more fresh in their minds.
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