Flight delay and cancellation compensation, Virgin Atlantic ONLY

millsmum

after feeling pleased with myself that I had managed to get this far, I have been reading the notes etc again and now I am getting a bit worried.
my original airline excuse was

"the flight was delayed due to an unexpected fault with an engine anti ice valve. this appeared during the push back of the aircraft. as a full investigation was required the aircraft returned to the gate for our engineering team to carryout the necessary works.
Failure and or warning of equipment failure after the aircraft has pushed back is deemed as extraordinary circumstance. technical problems stemming from events which by their nature or origin are not inherent in the normal exercise of our flying activity and are beyond our acutal control ie mechanical discrepancies ourtside of the standard manufacturers maintenance manual are exempt from compensation."

but does this not come under this bit

Preliminary list of extraordinary circumstances
following the NEB meeting held on 12 April 2013
Version 19 April 2013
26
Unexpected flight safety shortcomings
Any other technical defects which become apparent immediately prior to departure or in-flight (where
the system or part had been maintained in accordance
with the required maintenance programme)
and which require investigation and/
or repair before the aircraft is airworthy for the intended flight.

ahhhh do I have a case?

111KAB

millsmum wrote: »

ahhhh do I have a case?

Yes because your quote is from guidance notes and is not the law. Stick to the law (Wallentin) and you (and the Judge) should totally discount these notes - if the judge or the airline raise it point out the error of their ways and request that you stick to the law/facts.

lizard123

reading_flyer wrote: »

I have just received a refusal to compensate after a fault was found with the ECU. I was told the failure of the ECU is "extremely rare", replacements not kept at all airports as this is a significant burden. So very useful to find another case of a faulty ECU. If you wish to quote this incidence it was on VS0044 on 26 July 2010 from Las Vegas to LGW. Would be useful to know the flight number and date re. your claim.

Hi
I was on your flight VS044 on 26 July 2010 and received the same letter as you claiming failure of ECU. Have you been successful in your claim? I have been reading all the forum pages continuously for the past few months but can't seem to see anyone else who has been claiming for the same extraordinary circumstance.

lfc4ever

ruby28 wrote: »

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!

Hiya, I had a very similar claim to yourself (problem with previous flight). I'm further behind in the process than you and would be really grateful if you could let me know how your case goes! Many thanks

millsmum

111KAB wrote: »

Yes because your quote is from guidance notes and is not the law. Stick to the law (Wallentin) and you (and the Judge) should totally discount these notes - if the judge or the airline raise it point out the error of their ways and request that you stick to the law/facts.

thank you x

flor2012

Just wondering if anyone else is taking Virgin to court for flight VS74 Orlando to Manchester 7 June - pilot sickness. Just starting my court action. It appears Virgin are determined to defend this delay as extraordinary circumstances!!!

iforem01

millsmum wrote: »

after feeling pleased with myself that I had managed to get this far, I have been reading the notes etc again and now I am getting a bit worried.
my original airline excuse was

"the flight was delayed due to an unexpected fault with an engine anti ice valve. this appeared during the push back of the aircraft. as a full investigation was required the aircraft returned to the gate for our engineering team to carryout the necessary works.
Failure and or warning of equipment failure after the aircraft has pushed back is deemed as extraordinary circumstance. technical problems stemming from events which by their nature or origin are not inherent in the normal exercise of our flying activity and are beyond our acutal control ie mechanical discrepancies ourtside of the standard manufacturers maintenance manual are exempt from compensation."

but does this not come under this bit

Preliminary list of extraordinary circumstances
following the NEB meeting held on 12 April 2013
Version 19 April 2013
26
Unexpected flight safety shortcomings
Any other technical defects which become apparent immediately prior to departure or in-flight (where
the system or part had been maintained in accordance
with the required maintenance programme)
and which require investigation and/
or repair before the aircraft is airworthy for the intended flight.

ahhhh do I have a case?

Virgin settled my claim, which involved an in-flight technical problem, at the mediation stage when I used the Wallentin case.
Go for it.....if you are confident enough goto Court, if not try and resolve in mediation (for a partial payout).

derekbr

Thanks Centipede100 for our useful post.


Has anyone experience of a claim to Virgin for VS0015, 14 August 2010??

Rugbymum_2

After a flight to Orlando VS27 12/12/2008 that was delayed for 8h 06m I sent a claim form off to Virgin, this is the reply "In your particular case, the flight was initially delayed as a direct result of the closure of the runway at Gatwick the previous day, due to adverse weather conditions. This had caused the aircraft to be late departing from Gatwick on its previous service, which meant it arrived late back into Gatwick to operate your service.
Shortly before the revised departure time of your flight, an unexpected technical issue arose with the emergency lighting, which had to be fully investigated by our engineers. Following a thorough inspection, it became apparent that a lengthy repair was required. In an effort to minimise the overall delay to your journey, we arranged our fleet of aircraft to ensure we were able to operate your service, albeit with a delay.
The initial weater disruption along with the unexpected technical issue could not have been foreseen or anticipated. All reasonable measures were taken to minimise the disruption to your service but unfortunatley this could not have been avoided. As such these are deemed extraordinary circumstances and exempt form compensation."
The weather delay was 3h 48m leaving a 4h 18m delay due to technical problems. Has anyone else claimed for this flight, and is it worth taking it further - CAA/small claims

millsmum

I have started court procedings against VA, which I have just checked online and I have noticed that there is no response made as yet. they have until midnight on the 19th to acknowledge, or file a defence, and nothing has been done as yet. if they only work mon-fri that gives them 2 days. how late do they normally leave it?