Flight delay and cancellation compensation, Virgin Atlantic ONLY

Mark2spark

davvo73 wrote: »

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 !

Please feel free to write back as many times as you like. It's Wimbledon season and letter writing ping pong must be all the rage

Alternatively, come to terms with the fact that they will not change their minds no matter what you write, and that instigating court action via the NBA letter is the only way you will see any compensation.

Footnote:
As there seems to be several people about to claim for this one flight from Florida, then Virgin will most likely defend the case on the off chance of getting a duff judge, as it'll be cheaper.

David_e

Jrt wrote: »

I found this on the civil aviation website no mention of sick pilot !

Exactly, hardly extraordinary for staff to call in sick.

Jrt wrote: »

· Unexpected flight safety shortcomings

That's unhelpfully vague, isn't it? The other 5 bullets are clearly genuinely outside the airlines' control.

Robster13

I too was on that flight....received the decline letter today....who should I address the nba letter to ??

Anybody done already ?

Vauban

David_e wrote: »

Exactly, hardly extraordinary for staff to call in sick.



That's unhelpfully vague, isn't it? The other 5 bullets are clearly genuinely outside the airlines' control.

I agree it is unhelpful - but the phrase "unexpected flight safety shortcomings" is listed in the regulation as an exemption. Fortunately, the Wallentin judgement qualifies more precisely what this means ...

Jrt

So basically if they can get away with it they will just cycle through legitimate get outs!
So the sick pilot is a winner every time!

What I don't get is the letter said at the airport that the pilot went sick at 6.30 pm and they let us all get to the gate at 8pm to tell us there would be no flight
That left us with no cases and we have two young children.

Now we are not even entitled to any compensation I am fuming.

I thought long haul pilots get a stop over so why didn't they have any standby pilots?
Also there were numerous flights before ours and ours was the last flight.
It's funny how the pilot was sick on the last flight.
I wonder if the pilot was in fact sick from an earlier flight and they were waiting to see if he would recover over the course of the day.

raft01

Centipede100 wrote: »

I am starting this thread for those claiming flight delay or cancellation compensation from Virgin Atlantic.

Any posts regarding any other airline in this thread will be ignored (at least by me).

We are a family of 4 that were on this flight 25 hrs later than scheduled due to captain being sick, We have today received in the post letters to decline our EU compensation claim due to extraordinary circumstances which were not in the airlines control. We have now written to the CAA and await their outcome. Keep you posted, Still awaiting response to claim for reimbursement of toiletries etc for night in hotel.

Vauban

raft01 wrote: »

We are a family of 4 that were on this flight 25 hrs later than scheduled due to captain being sick, We have today received in the post letters to decline our EU compensation claim due to extraordinary circumstances which were not in the airlines control. We have now written to the CAA and await their outcome. Keep you posted, Still awaiting response to claim for reimbursement of toiletries etc for night in hotel.

Good luck with the CAA - you'll wait at least six months before they then pronounce in the airlines favour! Don't see the point, personally.

David_e

Vauban wrote: »

I agree it is unhelpful - but the phrase "unexpected flight safety shortcomings" is listed in the regulation as an exemption. Fortunately, the Wallentin judgement qualifies more precisely what this means ...

I need to research before posting!

romanby1

Jrt wrote: »

So basically if they can get away with it they will just cycle through legitimate get outs!
So the sick pilot is a winner every time!

What I don't get is the letter said at the airport that the pilot went sick at 6.30 pm and they let us all get to the gate at 8pm to tell us there would be no flight
That left us with no cases and we have two young children.

Now we are not even entitled to any compensation I am fuming.

I thought long haul pilots get a stop over so why didn't they have any standby pilots?
Also there were numerous flights before ours and ours was the last flight.
It's funny how the pilot was sick on the last flight.
I wonder if the pilot was in fact sick from an earlier flight and they were waiting to see if he would recover over the course of the day.

You have a valid claim. Read everything on this site that you can see that is a similar situation to your self and the various EU court judgements and 261/2004.
Send a NBA letter stating a sick pilot excuse is not an EC.

rfp

Hi we were also delayed on 7th June 2013 from Orlando to Manchester for 25 hrs I have received the letter today stating that the flight was delayed due to sudden incapacity of the captain due to illness.
with this in mind they say they are unable to pay compensation in accordance with regulation EU261/2004 CAN ANYONE OFFER ADVICE???
Thanks