Flight delay and cancellation compensation, Virgin Atlantic ONLY

hmtowns

Daisysmom wrote: »

Hi all

After being given a court date in November, Ive also been referred back to Mediation as "I slipped through the net" on the last attempt but the judge recommends mediation so Ive agreed and Im waiting to hear if Virgin agree so in the meantime, what should I expect from mediation?? Can anyone that has gone to mediation tell me what will happen please??

The woman I spoke to when I was agreeing to it said I would have an hour but only half of that was to state my case but the mediator doesn't get too involved in the case???? and the other half is negotiating??? So what do I prepare?? How indepth do I go if this mediator isn't going to get too involved?? Do I presume they know the law or even anything about my case before I get on the phone???

If virgin agree, will I get a call to say Mediation will happen on this date at this time or will they just call me and off we go during that phone call??? Im not sure what to prepare really.

Many Thanks for any help u can give me

Trish xxxx

Trish

Mediation is basically a three way telephone conversation with the mediator playing piggy in the middle going from one party to the other to try and get it settled. You should not have to speak to the Virgin representative at all.

It does seem as though they do try to strong arm, but you can always end the telephone call at anytime and you don't have to back down. Some people have said that they get offers at the mediations and if you do then you will have decide whether to settle or not. Just make sure you have all your facts ready and you should be ok. The mediators are there to help you through it.

2bHappy

Hi,

My flight sat 06/03/2010 was cancelled at the last minute due to a technical fault with the plane scheduled to leave LHR dep: 16:50 arr: JFK: 20:00.

I was asked to vacate the boarding gate and return to the main terminal and advised that the delay will be under 3 hours and therefore do not qualify for a meal voucher and that I would make my connecting JFK flight to GUYANA SA at 01:05.

Flight VS6 LHR-JFK had now become LHR-NEWARK, where a Virgin Atlantic rep & coach would meet me outside of arrivals, to drive me to JFK Airport.

The flight landed at NEWARK, after midnight and the immigration queue was horrendous!

I had to wait on the coach for all passengers to pass through immigration before the coach would leave. I advised a rep to please add me to the list of those needing a hotel.

We arrived at JFK at 01:05 - Yes, I missed my connection, only to be stranded at JFK with no Virgin Atlantic staff to assist me. The hotel had no recognition of me nor other passengers ‘STRANDED’ My next flight to Guyana was at 16:10 07/03/2010, so I waited, paced and cried for hours until Virgin Atlantic staff arrived at 14:00.

Compensation attempt 1 (April 2010):
Virgin Atlantic paid me £10+ for the food and drink I paid for and added some flying miles to my Virgin Atlantic a/c.

Compensation attempt 2 (April 2013):
Virgin Atlantic refused to compensate me for my flight as it ‘I was delayed lessthan 3 hours’???.

Compensation attempt 2a (Aug 2013) Claim and graphic evidence sent to the CAA. The CAA has acknowledged my claim and hopes to respond within 8 weeks.

Fingers crossed.

Good Luck to All
x

2bHappy

Thanks for a response - I will do that.

Oh, yes the booking was a single booking.

Thanks again - much appreciated

Natony46

semx5 wrote: »

Hi, just wanted to say thank you to this forum. I sent my claim in for four passengers VS16 15th June 2013, Orlando - Gatwick expecting a decline. Flight was delayed 24hrs due to pilot sickness.
Have today received cheques. YEH. :j

Been away a little while and upon checking in again I see that a flight delayed from Orlando (where I was a week previously) is delayed again due to pilot illness (like mine was) and VAA decide to pay out. Same place same problem but different outcome - what am I not seeing that VAA obviously are?
This just confirms to me that staff sickness cannot be considered as "extraordinary" and VAA have decided that an aircraft going to any other destination than one of their hub airports is exempt from compensatory payouts!!

I really hope their defence is a good one as I would like to think that a judge would make an example of whoever gets the job of standing up and presenting it!! Without giving too much away and upon reading quite a lot of correspondence I'm hoping the judge will just laugh and order a payout.............plus expenses and a further compensatory payment for wasting everyone's time and effort!!!!

flor2012

I am the same do not get it, they can claim extraordinary circumstances for our flight due to pilot sickness but pay out for the same reason same destination the following week. Looks like they are determined to defend all our cases for some reason probably because of the way were treated in Orlando they will have so many people claiming they will probably be trying their luck. Fingers crossed for everyone going down the court route for this flight - pilot sickness extraordinary circumstances then it happens the following week hardly extraordinary!!

haslehurst

Centipede100 wrote: »

You could both PM the other claimants on this route and ask them to provide a suitable witness statement to the effect that crew sickness seems to be a regular occurrence on this route which would help you greatly during any court case.

I would quite happily provide witness statements and I'm happy to say that I've received my out of pocket expenses along with a letter which essentially says that VAA did not correctly carry out the requirements of a long delay in terms of provision of food vouchers and phone calls etc.

I am in the middle of the MCOL Claim process and as well as the online claim I sent a letter advising that I was aware of the payments to the passengers of VS016 and suggesting that this sets a precedent.

Virgin acknowledged my service and I believe they have until 5th September to progress further - is this likely to be their defence and court date?

pedritothegreat

I started my claim against Virgin in January this year requesting compensation for a flight delay of 245 minutes in 2008, virgin of course declined to pay any compensation, I wrote back giving them due notice that I would take court action within 14 days. I then noticed that I had to complete EU form A. This I duly did and, I sent it to Luton County Court thinking, that this was the correct action as this was the office of Virgin Atlantic which sent their reply and claim refusal, this was in May 2013. I heard nothing for weeks so, I contacted Luton County Court who said they could not find my papers, I had proof of postage and delivery and informed them of such, no reply! So, I contacted MCOL who advised me to use a UK address of perhaps my family or a friend, this I have done and today I have submitted my claim against Virgin. A nice person at MCOL also told me to ask for a telephone hearing which I will do when I get my Directions Questionnaire. I hope this is helpful to any other overseas claimants. I will keep you posted. :T

katelina

Does anyone know how i can find the flight number for a flight from Manchester to Las Vegas on the 14th May 2011 that was delayed for 5 hours?
I have no booking ref number and haven't a clue where to start looking.
I think the delay was due to having to wait for a part. I clicked on the flight stats link but it asks for a flight number which I haven't got.

jands2

Just a quick question, I have filed a claim and received back the Directions Questionnaire, which I am just filling in. Just wanted to check, as my claim is less than £1500, I don't have to send any money to them, is that correct?

Thanks

Jamin987

Part of the EU regulation states that if the ticket was purchased with a discount that is not directly or indirectly made available to the public. Therefore if this was booked under a staff concession then you'd be ineligible for the EU compensation?