Flight delay and cancellation compensation, Virgin Atlantic ONLY

london2008

Hi all.

JFK to LHR VS004
Scheduled time of departure from JFK: 18:25 - 22 August 2009
Actual time of departure from JFK: 18:37 - 23 August 2009


So, I've just received a letter from Virgin Atlantic declining my claim for the above delay as they say that although there was a fault with the plane, it was not picked up by the pilot until the flight was off the gate and heading to the runway. They also say that the delay was also caused by them not having the part to repair the plane and they had to wait for the part to arrive as well as the issue of the crew now having worked over the time allowed.

Is their reasoning valid for declining?

Thanks in advance

worriedwoman_2

london2008 wrote: »

Hi all.

JFK to LHR VS004
Scheduled time of departure from JFK: 18:25 - 22 August 2009
Actual time of departure from JFK: 18:37 - 23 August 2009


So, I've just received a letter from Virgin Atlantic declining my claim for the above delay as they say that although there was a fault with the plane, it was not picked up by the pilot until the flight was off the gate and heading to the runway. They also say that the delay was also caused by them not having the part to repair the plane and they had to wait for the part to arrive as well as the issue of the crew now having worked over the time allowed.

Is their reasoning valid for declining?

Thanks in advance

This seems similar to my claim, that there was a fault with the undercarriage door, but then they also said that it was delayed overnight due to the crew working too many hours. I sent them a notice before action letter on Saturday giving them 14 days. I will let you know what happens, but I'm sure that is a rubbish excuse!!

Mark2spark

london2008 wrote: »

Hi all.

JFK to LHR VS004
Scheduled time of departure from JFK: 18:25 - 22 August 2009
Actual time of departure from JFK: 18:37 - 23 August 2009


So, I've just received a letter from Virgin Atlantic declining my claim for the above delay as they say that although there was a fault with the plane, it was not picked up by the pilot until the flight was off the gate and heading to the runway. They also say that the delay was also caused by them not having the part to repair the plane and they had to wait for the part to arrive as well as the issue of the crew now having worked over the time allowed.

Is their reasoning valid for declining?

Thanks in advance

Over 24 hours delay?
You've gotta be kidding.
NBA and court.

london2008

Mark2spark wrote: »

Over 24 hours delay?
You've gotta be kidding.
NBA and court.

I know, it was madness. We were stuck on the plane for six hours before they told us we were going no where.

What does NBA stand for? I can't find anything on the forum about it.

Thanks in advance.

Lil_Me_2

london2008 wrote: »

I know, it was madness. We were stuck on the plane for six hours before they told us we were going no where.

What does NBA stand for? I can't find anything on the forum about it.

Thanks in advance.

Notice Before Action (or letter before action), there is a template in the first post

london2008

Lil_Me wrote: »

Notice Before Action (or letter before action), there is a template in the first post

Doh! Thanks! :j

claireser

Hi, we were on a Virgin flight from Manchester to Las Vegas in April 2012 that was delayed for ten hours.

The delay was not informed until after all passengers had arrived at the airport.

The virgin cabin crew informed us that the orlando flight had been grounded mid-flight as a bird had struck the plane which caused techinical fault and the plane needed a new nose-cone which they decided they would have to repair. i believe they then swopped the Vegas aircraft to accommodate the Orlando flight (which went out on time the same day we were due to fly) due to the amount of families on the flight. The cabin crew also informed us that the Vegas flight, then had no cabin crew as the original crew had been drafted in for the Orlando flight as the original Orlando crew had run out of flying hours due to the delay after landing mid-way and they told us they had asked for Volunteer cabincrew to man our Vegas flight and had no-one volunteered the flight would have been grounded. (the staff werent getting paid but got a mini-break in vegas from Thursday to Sunday all expenses paid and they could take a guest with them.

Virgin have claimed "we are not entitled to compensation due to extraordinary circumstances which were beyond their control. they say the flight was delayed due to adverse weather conditiond which cuased the aircraft to divert on a previous sector. The delay was then further compounded by damage substained due to a bird strike on the aircraft" They say their engineers needed additional time to investigate the problems and rectify faults prior to departure"

The cabincrew informed us that Virgin were aware of this over 24 hours prior to departure so that is enough time in my opinion to draft in a replacement aircraft to satisy both Orlando and Vegas flights!!

Please advise as i am unsure as to how respond to their letter.

Many thanks for your help

Mark2spark

You respond by writing back saying that you don't agree that their explanation constitutes EC's, you reference Wallentin - Hermann decision in the ECJ, also state that you are aware, and have documentary evidence of, an operational decision to change routes and crew which was the correct reason for your delay, and that if they do not reconsider and pay compensation as claimed within 14 days you reserve the right to issue court proceedings without giving them further notice.
Address it to the company secretary, as per the instructions of issuing a NBA in the FAQ's.

HDL3613

In June 2010 our flight was delayed by 24 hours from Orlando to Manchester, due to ground services damaging the aircraft. I wrote to Virgin Atlantic a couple of weeks ago and received the response that the claim had been declined as the delay was due to extraordinary circumstances. The following reason was given:

'In your particular case the flight was delayed due to damage being sustained to the forward hold when a ground services vehicle, used for loading cargo, hit the aircraft. Our engineers immediately assessed the damage and a replacement seal depressor was required, however as this was a non-stock part the nearest replacement was located in Miami and arrangements made to transport it to Orlando.'

I'm just looking for advice as to whether it's worth writing to the CAA or should I just go straight in with the NBA?

Thanks in advance.

blondmark

HDL3613 wrote: »

In June 2010 our flight was delayed by 24 hours from Orlando to Manchester, due to ground services damaging the aircraft. I wrote to Virgin Atlantic a couple of weeks ago and received the response that the claim had been declined as the delay was due to extraordinary circumstances. The following reason was given:

'In your particular case the flight was delayed due to damage being sustained to the forward hold when a ground services vehicle, used for loading cargo, hit the aircraft. Our engineers immediately assessed the damage and a replacement seal depressor was required, however as this was a non-stock part the nearest replacement was located in Miami and arrangements made to transport it to Orlando.'

I'm just looking for advice as to whether it's worth writing to the CAA or should I just go straight in with the NBA?

Thanks in advance.

You should send a Letter Before Claim providing 14 days' notice of the service of proceedings.