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Flight delay and cancellation compensation, Virgin Atlantic ONLY
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.....so I would still be interested in anyone's thoughts on this too.
Incidentally HMTowns, what was the reason they have given you for the delay? I remember at the time they said something about a cracked windscreen, in the letter of denial they sent to me made no mention of this, they just said that the inbound flight was delayed due to the check in systems in Havana being down???Seems as though Jolapy and I were on the same flight. I am a little further back in the claims process having just received my denial letter.
I am looking to send a letter before action and wondered whether the following should be included?
We are sure you are aware that under Article 5(3) of Regulation No 261/2004 a technical problem in anaircraft which leads to the cancellation or delay of a flight is not covered bythe concept of ‘extraordinary circumstances’ within the meaning of thatprovision. This therefore means that you cannot claim that the cracked windowand the delay caused by its replacement, were extraordinary circumstances asyou have alleged.
In additionwe would also point out that in the case of Finnair Oyj v Timy Lassooy CaseC-22/11, at point 37, it clearly states that;
" In addition, it is apparent from recital 15 in the preamble toRegulation No 261/2004 that ‘extraordinary circumstances’ may relateonly to ‘a particular aircraft on a particular day’, which cannot applyto a passenger denied boarding because of the rescheduling of flights as aresult of extraordinary circumstances affecting an earlier flight". Thistherefore means that if the circumstances of the cracked window were consideredas being extra-ordinary circumstances, that does not entitle the same to beclaimed for the effects that it had on our flight.
I appreciate any help that you can give.0 -
kevstarkie wrote: »I've answered as advised except for the witnesses part it has no yes or no and just a box for how many including myself, shall I just answer 1?
For the fee there is no mention of it, how much is it and should I include a cheque when I send the form back?
On the covering letter it says it must be completed and returned to the Northampton court by the 15th July but it also says under the court address and serve copies on all other parties. Does that mean I should photocopy the form and send to Virgin as well?
One last ting, nobody advised whether the defense Virgin gave is solid. Am I right in thinking that from what I have read both the reasons they have stated would not be classed as ECs' under the EU ruling?
Thanks for the help once again.
Can anyone advise, wanting to send back ASAP to get the ball rolling.0 -
Centipede100 wrote: »It was a technical issue wasn't it so it might be described as inherent in the operation of an airline (Wallentin-Hermann ECJ case). The fact it occurred during the operation of the flight makes it no less a technical problem and the fact that the crew had run out of hours and therefore needed rest before they could continue is rather illustrative of a similar case that was joined with Sturgeon (Bock & Lepuschitz, paragraph 20 of Sturgeon judgment).
Thanks Centipede100. So from that I take it you mean I have a good case. One last thing about the fee on the allocation track. Where do I find out about this and now much I should send in with a cheque perhaps? Also from my earlier post should I photocopy the form and send to virgin.0 -
MLeumas_Trebor wrote: »Just wondered if anyone had started their process of claiming for the delayed VS074 flight from Orlando to Manchester, that eventually took off 25 hours late on Saturday 8th June, the reason announced at the gate was the pilot had called in sick at 18.30 and that in the subsequent 2 hours they couldn't find a replacement so they had no choice but to delay the flight? Would be nice to hear of any successes, my letter will be in the post with all the forms etc by the end of the week.
To the experienced forum users on here, from all the feedback I heard on the flight, a pilot calling in sick and a 25 hour delay for Virgin Atlantic flight Orlando to Manchester, this seems to be a genuine claim for €600 per paying customer?
Just going to write back to them to say how can a 25hr delay with no standby pilot planned be extraordinary circumstances as it must happen all the time !0 -
M
Just going to write back to them to say how can a 25hr delay with no standby pilot planned be extraordinary circumstances as it must happen all the time !If you're new. read The FAQ and Vauban's Guide
The alleged Ringleader.........0 -
Hi my family and I were on this flight and as soon as I returned I posted off the necessary claim forms to VA. I received the usual reply within the time stipulated and was told that VA were to investigate. Low and behold I receive the "extraordinary circumstances.........." rejection of claims letters today.
I have now decided to send the NBA letter and will have to no doubt instigate court proceedings. If the other threads are anything to go by, I think it's going to be a busy few days ahead.
To any other passengers from the same flight, please do not be disheartened by my news, please stick together and we will prevail.0 -
Hi my family and I were on this flight and as soon as I returned I posted off the necessary claim forms to VA. I received the usual reply within the time stipulated and was told that VA were to investigate. Low and behold I receive the "extraordinary circumstances.........." rejection of claims letters today.
I have now decided to send the NBA letter and will have to no doubt instigate court proceedings. If the other threads are anything to go by, I think it's going to be a busy few days ahead.
To any other passengers from the same flight, please do not be disheartened by my news, please stick together and we will prevail.
I haven't even received an acknowledgement on my claim yet for this flight. Although they have confirmed on the phone that it has been received.
I claimed for out of pocket expenses for the night in the hotel seperately. The initial letter that came back apologised for the delay and everything, but didn't mention anything about my costs to be reimburessed. Therefore I called Virgin customer relations and they have now agreed to refund me, although they refused to refund the additional £20 car parking I incurred because of the delay, even though my insurance say they can not refund it as the flight delay was an unacceptable reason. After a lot of talking they finally agreed to pay the £20 also.
They did give me a speel that they do not have pilots on standby to fly there planes and it was exceptional. I said rubbish, and that in view of four flights going to the UK in a 2.5 hour period you should have someone on standby for that period, and it would be cheaper than paying out EU compensation claims, as sickness must be a fairly regular occurance. The customer service rep insisted this can not be done and it was exceptional.0 -
They did give me a speel that they do not have pilots on standby to fly there planes and it was exceptional. I said rubbish, and that in view of four flights going to the UK in a 2.5 hour period you should have someone on standby for that period, and it would be cheaper than paying out EU compensation claims, as sickness must be a fairly regular occurance. The customer service rep insisted this can not be done and it was exceptional.
It is absurd how the airlines seem to be ignoring the whole remit of 261/2004 ie to reduce the unacceptable delays. Having sufficient redundancy in staff levels to allow for illness should have been factored in when the regulation was introduced, not still being ignored or argued over 8 years later!
PS for others - viral illness cannot be treated with (and should not be treated with) antibiotics!! Antibiotics work only on certain bacteria NOT viruses.If you're new. read The FAQ and Vauban's Guide
The alleged Ringleader.........0 -
Hi my family and I were on this flight and as soon as I returned I posted off the necessary claim forms to VA. I received the usual reply within the time stipulated and was told that VA were to investigate. Low and behold I receive the "extraordinary circumstances.........." rejection of claims letters today.
I have now decided to send the NBA letter and will have to no doubt instigate court proceedings. If the other threads are anything to go by, I think it's going to be a busy few days ahead.
To any other passengers from the same flight, please do not be disheartened by my news, please stick together and we will prevail.
Hi I have just received the hard luck letter as I was also on this flight.
Could someone advise on the next step what is a nba letter?
Thanks
I found this on the civil aviation website no mention of sick pilot !
What are “extraordinary circumstances”?
The Regulation that covers passengers' rights when their flights are delayed or cancelled gives the following examples as such circumstances:
· Political instability
· Bad weather
· Security risks
· Unexpected flight safety shortcomings
· Strikes that affect the operation of an air carrier
· Air traffic management decisions0 -
Seems interesting that the pilot went sick on VS75, a week later I was on the VS 15 from Gatwick- 15 min before we were due to go to gate the flight was cancelled as the pilot went sick, was given a hotel for the night and departed on a new flight the next day VS1015.0
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