Flight delay and cancellation compensation, Virgin Atlantic ONLY

scousekid

The latest guidelines from the EU can be found on their website.
Check out:
ec.europa.eu/transport/themes/passengers/air/doc/neb-extraordinary-circumstances-list.pdf

111KAB

As scousekid cannot provide hyperlink > http://ec.europa.eu/transport/themes/passengers/air/doc/neb-extraordinary-circumstances-list.pdf

HOWEVER you must note these are for guidance only and definitely are not law. The law is Wallentin and this should be your first and main point of reference for extraordinary circumstances wording in particular.
If either the airlines or indeed the Court refer to this document you must ensure you trump this with your Wallentin card.

Leumas_Trebor

Bit behind some of the others on this flight, but CAA online complaint logged, looks like I am expecting a referral back to VA then will follow the example of others with an NBA, keep the updates coming as it's good to know there's others chasing the same outcome! Thanks

Mark2spark

Whilst the damage as described 'could' be claimed as EC, the resultant length of delay cannot be, it fails the test of reasonable measures that the airline should have in place to counteract unforeseen technical issues that lead to lengthy delays.

ruby28

I have received my court date and also a form to fill in for mediation which i have ticked yes to. I dont understand why Virgin are dragging this out as the EC's they are claiming relate to two flights previous to mine (issues after pushback) and on the previous day which had a knock on effect. They seem to be paying out for issues which *could* fall under extraordinary circumstances whereas from what i have read EC's relating to previous flights are not deemed to be an EC.

Anyway, the court date is in the diary!

Green_Homer

Hello all - I'm claiming for myself and my wife for a 23hr delay from Havana in 2011. Virgin have issued their defence through MCOL and I would be grateful for any advice / signposting to rulings etc. I've have trimmed some of the generic bits to save space and some dates for a bit of privacy from spying Virgin lawyers :P.

3. It is admitted that due to an unforeseen technical problem which affected the safety of the aircraft, the flight was delayed and did not depart from Havana until 17:49 hours on x July 2011 (next day).

4. A leak was detected on the left wing duct and became apparent on the aircraft’s approach into Havana just prior to the above flight on x July 2011. This would need to be rectified before the aircraft could operate safely.

5. The Defendant’s engineers in Havana investigated the problem and after lengthy troubleshooting identified that there were a fault with two overheat switches. Once this was established, they were able to rectify the problem.

6. The Defendant’s crew also have to operate within their flying time legal hours and due to the complexity of the fault and the time it took to resolve this issue it was not possible to carry this out within their legal hours.

7. The Defendant was left with no option but to delay the flight from Havana to London Gatwick on x July 2011 overnight.

12. The Defendant’s aver that the aircraft scheduled to operate this flight was delayed due to extraordinary circumstances which could not have been foreseen or avoided by the Defendant. The engineers took all reasonable measures to resolve the issue.

13. The Defendant’s aver that having stand-by crew available at a non-hub airport would have created an intolerable and disproportionate sacrifice.


As far as I am concerned and from what I have read their argument falls down in that the fault was detected on the previous (incoming) flight, that the fault is inherent with normal operations and there was no back up plan in place to avoid lengthy delays.

On an aside, whilst I am fully prepared to go to court has anyone actually got as far as court with Virgin so far? I have looked but can't see anything currently....

Thanks in advance

Vauban

Green_Homer wrote: »

On an aside, whilst I am fully prepared to go to court has anyone actually got as far as court with Virgin so far? I have looked but can't see anything currently....

Thanks in advance

I don't think you have look very hard, as page one the "Court Success" thread answers your question comprehensively!

Green_Homer

Vauban wrote: »

I don't think you have look very hard, as page one the "Court Success" thread answers your question comprehensively!

Sorry I must be missing something still - I've re-read that page several times and can only see cases where Virgin have settled out of court...? The closest is a partial settlement following mediation.

Edit - Sorry if you meant that no one has actually got as far as court then my apologies! There being so many threads that people have posted in it is hard to check them all I do follow the court success quite closely!

Daisysmom

Yet another update ...... Weve been away for 2 weeks so I was worried that I had missed the call from mediation so I contacted MCOL as I couldn't get through to Liverpool ... they've told me that there will be no mediation and I should expect a court date from Liverpool in the next few weeks but he couldn't give me any details as to why mediation didn't happen so to court we go!!!

Im going to start building my case and getting some background etc but will read through some of these posts again for some help so thanks to everyone for all your help and advice .... will keep u posted!! x

millsmum

Daisysmom wrote: »

Yet another update ...... Weve been away for 2 weeks so I was worried that I had missed the call from mediation so I contacted MCOL as I couldn't get through to Liverpool ... they've told me that there will be no mediation and I should expect a court date from Liverpool in the next few weeks but he couldn't give me any details as to why mediation didn't happen so to court we go!!!

Im going to start building my case and getting some background etc but will read through some of these posts again for some help so thanks to everyone for all your help and advice .... will keep u posted!! x

good luck, please keep us updated. hope they payout before you get there