Flight delay and cancellation compensation, Virgin Atlantic ONLY

millsmum

Vauban wrote: »

Have a look at the thread "Taking the Airlines to Court"

doh:) that is exactly what I was looking for, but didn't see:cool:

normansbaby

Daisysmom wrote: »

Ive sent our mediation forms back last week and still heard nothing and nothing showing on the MCOL website but I was thinking exactly the same ... why are others receiving their settlement and not getting to the same stage as us?? I don't want to have to go to court but I WILL!! Its a bit scary really.

Hi Daisymom, I'm in a similar boat albeit I only sent my mediation forms this week.
Don't know why they're not settling with us, there doesn't appear to any consitency to the cases they're settling and those that are going further down the court track. My case is a "particular flight on a particular day" due to a weather delay over 24 hours earlier in NYC for my flight to South Africa.
Hopefully they will see sense once they've played a bit of hardball!But I will go to court if I have to.

kevstarkie

Can anyone help me prepare my defence as have mediation next week. Need legal speak in lauding the European rulings and why I don't think technical issues and staff legal hours are EC's.

P_Doff

kevstarkie wrote: »

Can anyone help me prepare my defence as have mediation next week. Need legal speak in lauding the European rulings and why I don't think technical issues and staff legal hours are EC's.

Since the judge who heard my case accepted it, my advice would be to quote Wallentin:-
Para 24 "air carriers are confronted as a matter of course in the exercise of their activity with various technical problems to which the operation of those aircraft inevitably gives rise". Therefore it is not extraordinary.

and Para 44. 2, "The frequency of the technical problems experienced by an air carrier is not in itself a factor from which the presence or absence of "extraordinary circumstances" within the meaning of Article 5(3) of Regulation 261/2004 can be concluded"

As for crew running out of hours, it is a regular occurrence particularly when there is a delay

worriedwoman_2

P_Doff wrote: »

As for crew running out of hours, it is a regular occurrence particularly when there is a delay

I know this sounds silly but is this good or bad? You say this is a regular occurrence, but is it a good enough reason for Virgin not to pay compensation? This is one of the reasons I was given for Virgin not coughing up, the other being technical problems. I am waiting for my court date, so Virgin obviously believe that these are valid reasons.
Do all airlines have stand by crew who they can call on to work in these circumstances?

David_e

worriedwoman wrote: »

I know this sounds silly but is this good or bad?

I think, from what I have seen, it's just not extraordinary circumstances (in isolation). Crew issues cannot surely be said to be:

not inherent in the normal exercise of the activity of the air carrier concerned and is beyond the actual control of that carrier on account of its nature or origin.

worriedwoman wrote: »

This is one of the reasons I was given for Virgin not coughing up,

Funny, they have done the same with me. Very "extraordinary" I don't think!

For what it is worth, the Wallentin ruling says "frequency of the technical problems experienced by an air carrier is not in itself a factor" in determining whether the circumstances are extraordinary.

P_Doff

worriedwoman wrote: »

Do all airlines have stand by crew who they can call on to work in these circumstances?

If they don't, they should have, short of "intolerable sacrifice".

Mark2spark

Staff sickness isn't even a circumstance restricted to the airline industry. All forms of commercial activity will have sickness as a run of the mill problem to overcome.

game975

Hi all!

Hoping you can help/advise.

Recently returned from my honeymoon to California, and decided to fly with Virgin. As an additional treat, we upgraded our flights to Premium Economy. Anyway...

We took off on 11.30am on 1 July and after being in the air for half an hour, the Captain came over the speakers to say that there was a flap problem on one of the wings and we had to return to Heathrow. Because there was so much fuel on board though, we had to fly around for two hours to burn enough off to be able to land again.

We ended up leaving Heathrow about 7.15pm, so nearly eight hours delayed. Virgin provided us with a £15 meal voucher, but we ended up losing the first day of our honeymoon.

Obviously I've read about the flight delay compensation, but is our situation likely to lead to a successful claim or not?

We were also delayed coming back, but only two hours. Not a very good first experience with Virgin!

Thanks all!

richardw

game975 wrote: »

.. is our situation likely to lead to a successful claim or not?...

Do you have the tenacity to start a small claim against them and see it through to the end?
If not would you consider a 'no win no fee' company?

Some of these claims can take time and can be annoying and stressful, or would you rather get on with married life?