Flight delay and cancellation compensation, Virgin Atlantic ONLY

Vauban

haslehurst wrote: »

I've been looking on a few other forums and found an article from a claim website which suggests a win for Pilot Illness previously, does this set legal precedent that small claims may consider?


27-12-2012
We received two judgments from the Court in Rotterdam regarding Easyjet claims. For flight U2 2723 of 29 November 2009, the delay was caused by a sick pilot.

Easyjet states that their home base is not in Milan. Therefore, there was no replacement for the pilot. Another pilot had to be flown in. According to the Court in Rotterdam, Easyjet did not prove that they tried everything they could to prevent the delay. A sick pilot is not seen as an extraordinary circumstance.

The case for flight U2 7002 on 18 February 2010 was also won by EU***. The delay originated because of a technical problem and missing crew members. The argument from Easyjet that missing crew members is an extraordinary circumstance was not accepted by the Court in Rotterdam.

Ilona Maertzdorff
Corporate Lawyer

No. The views of the domestic courts in Holland set no precedent for the UK. Only ECJ judgements do that.

iforem01

Quick update on my case, I have a date of 20th September for my hearing vs Virgin. Need to build my evidence up now.
Hoping mediation between now and Sept will negate the need for court.

twinslog wrote: »

Thought you might like to know we received a cheque £1090 this morning, great start to the weekend!

The accompanying letter is amusing- no liability admitted and "I'm sorry you felt upset enough about this to bring a legal claim.

"As you know we feel we aren't liable for your claim. Having said this, we see no value in disputes of this nature with our passengers and would therefore like to settle it for you."

Thank you for all the advice on this forum, it has been very helpful.

For anyone else, keep going, it is well worth it.

This was for flight VS601, 15/11/07 from London to Johannesburg, 16.5 hours late.

Twinslog
Would appreciate it if you could forward me a copy of your letter, wouldn't mind using it in mediation and/or court

Vauban

iforem01 wrote: »

Quick update on my case, I have a date of 20th September for my hearing vs Virgin. Need to build my evidence up now.
Hoping mediation between now and Sept will negate the need for court.

Why are you writing this on a public forum which the airlines' lawyers are almost certainly reading? Virgin will most likely only have one case for 20th September, so you've just identified yourself to them.

You have indicated that you do not want to go to court, which is not the best opening gambit for a mediation negotiation. You need to maintain a confident exterior, even if you are less so in practice.

I'd edit your post before they read it.

dawo1973

Can anyone tell me if when doing the NBA to Virgin, can I do it as a party of 6? or do I need to do one for each claimant (Including children)?

The forms were for each, so just wondering if NBA has to stay same.

Daisysmom

Hi

Ive received the form to say Virgin are defending their claim ... so im agreeing to mediation and filling in the Directions questionnaire but unsure who to address the £40 cheque to?? Would it be Money Claim Online or???
Also it says that I need to file it with the court office at Northampton which I am just doing ... but also serve copies on all other parties ... do I have to send it to Virgin??

Thanks so much for all your help

Trish x

Daisysmom

Centipede100 wrote: »

Cheque should go to whoever you are told to write it to. Phone MCOL if unsure but likely it will be to MCOL.

You have to serve copies on all defendants as well as the court, same goes for your witness statement at the appropriate time.

Wow that was a quick reply!!! I have just been onto the HM Courts and Tribunals website as the form doesn't say who to make the cheque payable to and of course its HM Courts and Tribunals!!!!

Ok so I need to get this form copied and sent to virgin as well as the courts ... ok thanks Centipede 100 x

heidi3333

heidi3333 wrote: »

Hi there,

I joined this forum especially to get advice on this!

I was due to fly to Thailand last night from Heathrow on Jet airways. I booked a Virgin Atlantic flight from Edinburgh to connect me to my London flight which would give me more than 6 hours between landing and flying out of London - I thought I had more than enough time to catch my international flight.

My 1325 flight from Edinburgh was delayed a few times then eventually cancelled due to technical difficulties. I was rebooked onto the next available flight at 1725 but this was also delayed and didn't take off until 1820. I arrived for my international flight 15 mins prior to take off and wasn't allowed to board and was considered a no show. The international flight was non changeable and non refundable and I was only refunded some taxes and lost over £400. I couldn't afford to buy a new return ticket at such short notice and so have had to cancel my holiday. I have also lost another £100 through cancelling my hotels in Thailand.

The man behind the counter at Virgin said there was nothing they could do for me and couldn't give me money for hotels or food. I have had to sleep in the airport and pay for a flight back up to Edinburgh in the morning. My insurance company refuse to compensate me either as they say I'm not covered for cancelled internal flights.

I am very sad and upset and have written an email to Virgin demanding compensation. What is the likelihood of me receiving any? Do I have a valid claim?

Thanks for any advice

Hi again.

I have eventually received a reply from an email I wrote to VA complaining about the above. They said that due to a lengthy delay with another flight earlier on in the day my afternoon flight was cancelled as putting me on a later flight would have meant less waiting than further delays. They apologised +++ but all they have offered me is 2000 airmails which is equivalent to £30! I am fuming! They said they weren't liable for me missing my international flight which I understand.

Where do I go from here? Write to the CAA?

I really appreciate all the advice given here.

Thanks v much

32Nirvana

Hi.....some help needed, I completed my N1 form and sent it off in duplicate to Northampton county court and just had it returned, there appears to be an issue with the name and address used for VA. I used:

The company secretary
Virgin Atlantic Airways Ltd
The office
Manor Royal
Crawley
RH10 9NU

I am thinking my mistake is that I am suing The Company Secretary?

Thanks in advance for any help, dont want to send off again until its right.

Steph

l4cpb

l4cpb wrote: »

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

i have submitted the claim form to Virgin for EU compensation but the declined (what a surprise)! i have now contacted CAA to see if they will help but as i only did this yesterday not heard anything since.

can someone please give any advice, this is all new to me. should i be sending off another letter to virgin (they never did answer my original complaint e-mail).

Centipede can you give any advise please?

Caz

Vauban

l4cpb wrote: »

i have submitted the claim form to Virgin for EU compensation but the declined (what a surprise)! i have now contacted CAA to see if they will help but as i only did this yesterday not heard anything since.

can someone please give any advice, this is all new to me. should i be sending off another letter to virgin (they never did answer my original complaint e-mail).

Centipede can you give any advise please?

Caz

The CAA won't be able to assist as the flight delay occurred outside their jurisdiction (they're taking six months to reply now, in any case). The only option to you is to go to court, engage a NWNF company, or forget it.