Flight delay and cancellation compensation, Virgin Atlantic ONLY

obizzymad

Hi, we travelled last year to Orlando. We were accidentally cancelled off our original flight by our TA and put onto this one a day earlier about 4 weeks before we were due to fly.

I have looked on flight stats and our flight was delayed by 207 mins. Is there anywhere i could find out what the circumstances were for this delay and whether is would be worth claiming. I know we had a plane change between twilight check in and actual day as we were sat together and had our seats printed on our boarding passes, but we were split up when getting to the gate the following day We were told this was due to a change in plane, which had come from Las Vegas.

Any help would be much appreciated and how i proceed

romanby1

obizzymad wrote: »

Hi, we travelled last year to Orlando. We were accidentally cancelled off our original flight by our TA and put onto this one a day earlier about 4 weeks before we were due to fly.

I have looked on flight stats and our flight was delayed by 207 mins. Is there anywhere i could find out what the circumstances were for this delay and whether is would be worth claiming. I know we had a plane change between twilight check in and actual day as we were sat together and had our seats printed on our boarding passes, but we were split up when getting to the gate the following day We were told this was due to a change in plane, which had come from Las Vegas.

Any help would be much appreciated and how i proceed

I don't think the first paragraph has any bearing on your claim you were happy to fly a day early.
It looks like the plane you were due to fly on a day earlier did not turn up and another one substituted.
That is not an EC, the substiution was for operational reasons.

obizzymad

romanby1 wrote: »

I don't think the first paragraph has any bearing on your claim you were happy to fly a day early.
It looks like the plane you were due to fly on a day earlier did not turn up and another one substituted.
That is not an EC, the substiution was for operational reasons.

Hi Sorry to sound stupid (pretty new to this) but does this mean i have some chance of getting compensation. I know that being cancelled off our original flight will not be able to be used within the claim, just wish we insisted they kept us on it as we booked 11 months out

donamp

I have today received a cheque :-) thanks to most of the useful information on this site :-) x

Psaila

SUNNY wrote: »

Hi psaila we were also on the same flight with an infant. We put in the claim and yesterday recieved a letter from virgin saying the have declined our claim because of extraordinary circumstances. Our scheduled flight had a technical problem being a oil leak from the engine so that had to be changed and there other plane was under repair due to a lightning strike and couldn't be used. Have you had any feedback from virgin yet? I don't think I will give up here as it seems they have fobbed us off with a answer that covers them and would stop us pursuing. Please anyone with any advice I would really apreciate it

Hi sunny I haven't any other feedback yet but I will let you know as soon as I do. At least we can see if it matches! Are you going to send a nba now?

Natony46

Gjmickeylove wrote: »

Hi there, great news that you got your expenses back.

Good news about the MCOL claim, do you know when the date for court might be? Don't be nervous just tell the court exactly what happened and how we were all treated etc. If you need any information about my experience and others on the flight font hesitate to drop me a private message, as hopefully it may add to your case.

Good luck

Nothing really to add as the MCOL was only issued on the 24th but I will update/seek advice /assistance as necessary as it all progresses.

Rex_Vaughan

Hi Folks,

I am claiming for a delay on the my flight VS16 on 12th May 2010 Orlando to Gatwick but have had a refusal citing EC. Hoping that someone else on this forum was on the flight, (better yet has had a successful claim!!) perhaps we could share info?

Many Thanks

Rex

iforem01

Quick update.
My case involved smell of smoke in flight and a diversion to an airport Virgin do not operate to. Cause of smell was a fluorescent tube.
Just had my mediation call, Virgin were denying any liability and standing by extraordinary circumstances.

Quoted Wallentin-Hermann paras 26 and 44.2, plus upholding of judgement in Strugeon vs Condor and Bock vs Air France.
Virgin then reverted to using "all reasonable measures" (not listed in their original defence) and dropped extraordinary circumstances and offered 50% of my claim plus all costs.

I took it because I wasn't sure I could argue that point successfully in Court, Virgin did fly in engineers and staff from JFK to get us flying again.

This link on extraordinary circumstances might help others, Virgin referred to it on the call (http in front of)
/ec.europa.eu/transport/themes/passengers/air/doc/neb-extraordinary-circumstances-list.pdf

Good luck everyone else, don't give in.

Vauban

iforem01 wrote: »

Quick update.
My case involved smell of smoke in flight and a diversion to an airport Virgin do not operate to. Cause of smell was a fluorescent tube.
Just had my mediation call, Virgin were denying any liability and standing by extraordinary circumstances.

Quoted Wallentin-Hermann paras 26 and 44.2, plus upholding of judgement in Strugeon vs Condor and Bock vs Air France.
Virgin then reverted to using "all reasonable measures" (not listed in their original defence) and dropped extraordinary circumstances and offered 50% of my claim plus all costs.

I took it because I wasn't sure I could argue that point successfully in Court, Virgin did fly in engineers and staff from JFK to get us flying again.

This link on extraordinary circumstances might help others, Virgin referred to it on the call (http in front of)
/ec.europa.eu/transport/themes/passengers/air/doc/neb-extraordinary-circumstances-list.pdf

Good luck everyone else, don't give in.

Thanks for sharing. Had you started legal proceedings?

iforem01

Vauban wrote: »

Thanks for sharing. Had you started legal proceedings?

Yes I had started legal proceedings, my court date was Sept 20th.
I probably had one of the weakest claims on this forum, due to inflight problem. if I can get something from Virgin then anyone can.
I believe Virgin will avoid court at almost any cost.