Flight delay and cancellation compensation, Virgin Atlantic ONLY

hmtowns

lfc4ever wrote: »

Hi would you mind letting me know what the past judgements were as I think they will be useful for my claim.

Many thanks

I used ......

In addition we would also point out that in the case of Finnair Oyj v Timy Lassooy CaseC-22/11, at point 37, it clearly states that;
" In addition, it is apparent from recital 15 in the preamble to Regulation No 261/2004 that ‘extraordinary circumstances’ may relate only to ‘a particular aircraft on a particular day’, which cannot apply to a passenger denied boarding because of the rescheduling of flights as aresult of extraordinary circumstances affecting an earlier flight".

Hope this helps

Psaila

After sending my claim forms in i have now recieved the letter of extraordinary circumstances!
flight vs016 on the 22nd june Orlando to Gatwick
"In your particular case the inbound flight scheduled to operate your services was delayed due to a technical problem stemming from events which by their nature or origin are not inherent in normal exercise of our flying activity and are beyond our control.
During pre flight checks in London Gatwick the aircraft was found to have an oil leak from one of the engines. Upon further inspection iw was determined the engine would need changing. Unfortunately an unforseen casualty engine change is a lengthy process which took time to complete. Our spare aircraft was also under repair due to suffering a lightning strike on its previous service and therefore could not be used at that time.
The cost of having spare aircraft at all our outstations to eliminate this event would have been unreasonable."

Does anyone have any info on where i stand? do you think i should persue with the next step which i pressume is NBA?
Many thanks in advance
Darren

hmtowns

Submitted claim through Money Claim on line last night. Such an easy process. Will keep you posted.

beach255_2

Psaila wrote: »

After sending my claim forms in i have now recieved the letter of extraordinary circumstances!
flight vs016 on the 22nd june Orlando to Gatwick
"In your particular case the inbound flight scheduled to operate your services was delayed due to a technical problem stemming from events which by their nature or origin are not inherent in normal exercise of our flying activity and are beyond our control.
During pre flight checks in London Gatwick the aircraft was found to have an oil leak from one of the engines. Upon further inspection iw was determined the engine would need changing. Unfortunately an unforseen casualty engine change is a lengthy process which took time to complete. Our spare aircraft was also under repair due to suffering a lightning strike on its previous service and therefore could not be used at that time.
The cost of having spare aircraft at all our outstations to eliminate this event would have been unreasonable."

Does anyone have any info on where i stand? do you think i should persue with the next step which i pressume is NBA?
Many thanks in advance
Darren

Issue NBA to Virgin, they probably won't respond to it, after your deadline pursue though MCOL. Good luck

dxc_chappie

Psaila wrote: »

After sending my claim forms in i have now recieved the letter of extraordinary circumstances!
flight vs016 on the 22nd june Orlando to Gatwick
"In your particular case the inbound flight scheduled to operate your services was delayed due to a technical problem stemming from events which by their nature or origin are not inherent in normal exercise of our flying activity and are beyond our control.
During pre flight checks in London Gatwick the aircraft was found to have an oil leak from one of the engines. Upon further inspection iw was determined the engine would need changing. Unfortunately an unforseen casualty engine change is a lengthy process which took time to complete. Our spare aircraft was also under repair due to suffering a lightning strike on its previous service and therefore could not be used at that time.
The cost of having spare aircraft at all our outstations to eliminate this event would have been unreasonable."

Does anyone have any info on where i stand? do you think i should persue with the next step which i pressume is NBA?
Many thanks in advance
Darren

So firstly the technical problem found wasn't even for your flight.
Secondly they knew the spare aircraft was under repair.
So ask yourself would it have been reasonable for the airline to wet lease an alternative aircraft to cover for the spare aircraft under repair? And would it be reasonable for the airline to have wet leased an alternative aircraft to directly replace your aircraft - especially as they knew it had a problem many hours before your flight?
These are the arguments supported by the Wallentin ruling you will rely on in court.
You are correct: your next step is NBA.

Mark2spark

Psaila wrote: »

After sending my claim forms in i have now recieved the letter of extraordinary circumstances!
flight vs016 on the 22nd june Orlando to Gatwick
"In your particular case the inbound flight scheduled to operate your services was delayed due to a technical problem stemming from events which by their nature or origin are not inherent in normal exercise of our flying activity and are beyond our control.
During pre flight checks in London Gatwick the aircraft was found to have an oil leak from one of the engines. Upon further inspection iw was determined the engine would need changing. Unfortunately an unforseen casualty engine change is a lengthy process which took time to complete. Our spare aircraft was also under repair due to suffering a lightning strike on its previous service and therefore could not be used at that time.
The cost of having spare aircraft at all our outstations to eliminate this event would have been unreasonable."

Does anyone have any info on where i stand? do you think i should persue with the next step which i pressume is NBA?
Many thanks in advance
Darren

Yes you now write back and tell them not to be so ridiculous, of course fixing a common fault with an aircraft that has a high degree of technical sophistication, - no matter how unpredictable that fault is - is an inherent part of the running of an airline, so that if they don't reconsider and pay the rightful compo amount claimed within 14/21 days then you'll have no option but to commence a court claim for recovery, where interest and costs will also be claimed.

32Nirvana

Just after some advice as I am not giving up on this. My claim for compensation from VA was lodged in January of this year. I tried numerous mechanisms of communication (recorded delivery x 3, email x 2 and FB). I never received any response from VA in the post and have 1 email #28 and some less than useless fb communication. Anyway issued an NBA, the usual no response followed by a court claim for 6 x 300 euros plus costs plus interest. Anyway VA have defended their claim as in #28 citing a fault with the flight planning system which was operated by a third party in based in Vienna. This meant that VA had to manually file flight plans which is lengthy and time consuming. Surely this is not considered extraordinary circumstances. I am getting quite annoyed with VA now, as they are saying this issue started the day before we were due to fly. Surely they could have contacted us with notice of delay and when we were stuck in the airport they would not even cough up the cost of a coffee/lunch. They cannot even get the claim amount correct and state I am asking for 600 euros per passenger when in fact I am asking for 300 euros.

Has anyone any technical familiarity with manual flight planning which supports my assumption that this is not considered extraordinary circumstances?

Current status: Filling in my directions questionnaire and will tick off mediation although no idea what good this will do.

Mark2spark

Stick with it. Virgin often crumble before the court date.
If it gets to court make sure VA have documentary evidence to back up all their claims.... their word won't be good enough!
Dig deep and find an untruth that will back your claim for documentary evidence up, as their word as previously stated clearly isn't good enough.

moochershopper

Can anyone tell me we were on a Virgin flight vs86 from Las Vegas to Manchester. We were delayed at Las Vegas by 3 hours and 5 mins, but on arrival they had made up some of the time and we were 175 mins delayed. For compensation are they looking at the time you were delayed at departure or the time of arrival ??

Vauban

moochershopper wrote: »

Can anyone tell me we were on a Virgin flight vs86 from Las Vegas to Manchester. We were delayed at Las Vegas by 3 hours and 5 mins, but on arrival they had made up some of the time and we were 175 mins delayed. For compensation are they looking at the time you were delayed at departure or the time of arrival ??

Arrival. Thus no claim.