Flight delay and cancellation compensation, Virgin Atlantic ONLY

Huggieups

Has anyone been successful for delay to flight VSO016 scheduled departure 29th December 2007? Actual arrival 400 minutes late. I have had EC letter stating "the aircraft scheduled to operate the flight encountered a bird strike on a previous service". I have had no response to a Letter before claim sent 20th June so am now at the point of starting court action but don't want to waste my time if unlikely to be upheld. CAA have advised there is insufficient time for them to become involved. Thanks

romanby1

Huggieups wrote: »

Has anyone been successful for delay to flight VSO016 scheduled departure 29th December 2007? Actual arrival 400 minutes late. I have had EC letter stating "the aircraft scheduled to operate the flight encountered a bird strike on a previous service". I have had no response to a Letter before claim sent 20th June so am now at the point of starting court action but don't want to waste my time if unlikely to be upheld. CAA have advised there is insufficient time for them to become involved. Thanks

Read elsewhere on this forum and you will see bird strikes are not EC particularly on when they occur on a previous flight .

Vauban

Huggieups wrote: »

Has anyone been successful for delay to flight VSO016 scheduled departure 29th December 2007? Actual arrival 400 minutes late. I have had EC letter stating "the aircraft scheduled to operate the flight encountered a bird strike on a previous service". I have had no response to a Letter before claim sent 20th June so am now at the point of starting court action but don't want to waste my time if unlikely to be upheld. CAA have advised there is insufficient time for them to become involved. Thanks

The bottom line is that a bird strike on a previous aircraft is unlikely to be considered extraordinary circumstances by a court - but there are no guarantees. You will have noticed from the Court Success thread that Virgin tend to fold once legal action is taken against them - but again there are no guarantees!

flor2012

Just wondering if anyone has had any success in respect of the Orlando to Manchester delayed flight 7 June. I am just about to issue my letter to state that I will be taking court action but not sure where I stand with it not being a home base that the pilot took ill at. Surely even if it wasn't a home base though we should not have faced a 25 hour delay with constant conflicting information being provided by Virgin. Has anyone taken court action yet?

David_e

flor2012 wrote: »

Just wondering if anyone has had any success in respect of the Orlando to Manchester delayed flight 7 June.

If it was this June, I would have thought it was too soon

flor2012 wrote: »

not sure where I stand with it not being a home base that the pilot took ill at. Surely even if it wasn't a home base though we should not have faced a 25 hour delay with constant conflicting information being provided by Virgin.

I can't see that the "home base" point should weaken your case at all. It's not your problem. They are an international airline and having pilots in the right place seems like an intrinsic part of that business!

gavvy

Hi

Have started to read all the info on here, but one thing that recent EU judgments have ruled on is technical problems as an extraordinary issue.

My Delay was caused by staff sickness, would this be covered under the definition of a technical problem causing the flight to be cancelled?

If not whats the best part of the judgments to quote?

Vauban

gavvy wrote: »

Hi

Have started to read all the info on here, but one thing that recent EU judgments have ruled on is technical problems as an extraordinary issue.

My Delay was caused by staff sickness, would this be covered under the definition of a technical problem causing the flight to be cancelled?

If not whats the best part of the judgments to quote?

Wallentin is mostly about tech problems, but it also provides a definition of extraordinary circumstances (paras 23-26 I think).

gavvy

Vauban wrote: »

Wallentin is mostly about tech problems, but it also provides a definition of extraordinary circumstances (paras 23-26 I think).

Thanks - have read those paras and it mostly relates to technical problems, however para 23 states

" Although the Community legislature included in that list ‘unexpected flight safety shortcomings’ and although a technical problem in an aircraft may be amongst such shortcomings, the fact remains that the circumstances surrounding such an event can be characterised as ‘extraordinary’ within the meaning of Article 5(3) of Regulation No 261/2004 only if they relate to an event which, like those listed in recital 14 in the preamble to that regulation, is 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

My Bolding - Would this be helpful to me?

P_Doff

gavvy wrote: »

Thanks - have read those paras and it mostly relates to technical problems, however para 23 states

" Although the Community legislature included in that list ‘unexpected flight safety shortcomings’ and although a technical problem in an aircraft may be amongst such shortcomings, the fact remains that the circumstances surrounding such an event can be characterised as ‘extraordinary’ within the meaning of Article 5(3) of Regulation No 261/2004 only if they relate to an event which, like those listed in recital 14 in the preamble to that regulation, is 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

My Bolding - Would this be helpful to me?

Question. Is staff sickness inherent in the normal exercise of the activity of the air carrier?
Answer. Of course it is.
Nothing else to argue is there? It is not just helpful it is the crux of your case.

Vauban

P_Doff wrote: »

Question. Is staff sickness inherent in the normal exercise of the activity of the air carrier?
Answer. Of course it is.
Nothing else to argue is there? It is not just helpful it is the crux of your case.

It is your crux - though don't forget the so-called Third Question for Wallentin too, which explains what efforts an airline must make - even if there are extraordinary circumstances.