Flight vs0073 from Manchester to Orlando delay because of medical emergency 10/04/12

Bwatz200sx

Hi I have been reading through these posts and was wondering if I am more than likely going to get the standard response as most from Virgin that it was out of there control ?
My wife and I and two kids were delayed approx 25 hours last April on flight Vs0073 Manchester to Orlando because our plane had been diverted elsewhere due to a medical emergency on board and we were put up in a hotel overnight to wait for another plane the next day and even this new flight departed an hour late , I think we eventually landed in Orlando approx 23 hours late , I have submitted a claim via the Eu compensation form and sent it special delivery and have confirmation that is been received , is the fact that it was a medical emergency enough grounds for them to claim its out of there control or should I carry with the claim once they reply following all the steps I have read so far on previous threads ?
Any advice would be greatly appreciated as I think it's unfair that we lost a whole day of our holiday , customer services initially tried to get me to register our airmiles they had offered on the day of the flight offering to put all of them together onto my account but I have not done this to date.

Thanks in advance

Vauban

Bwatz200sx wrote: »

Hi I have been reading through these posts and was wondering if I am more than likely going to get the standard response as most from Virgin that it was out of there control ?
My wife and I and two kids were delayed approx 25 hours last April on flight Vs0073 Manchester to Orlando because our plane had been diverted elsewhere due to a medical emergency on board and we were put up in a hotel overnight to wait for another plane the next day and even this new flight departed an hour late , I think we eventually landed in Orlando approx 23 hours late , I have submitted a claim via the Eu compensation form and sent it special delivery and have confirmation that is been received , is the fact that it was a medical emergency enough grounds for them to claim its out of there control or should I carry with the claim once they reply following all the steps I have read so far on previous threads ?
Any advice would be greatly appreciated as I think it's unfair that we lost a whole day of our holiday , customer services initially tried to get me to register our airmiles they had offered on the day of the flight offering to put all of them together onto my account but I have not done this to date.

Thanks in advance

A medical emergency diverting the flight would be extraordinary circumstances, but a delay of 25 hours cannot meet the criteria of the Wallentin "third question", in my opinion. It's simply too long a delay to be credible. But you are likely to have to argue it robustly before a judge, and I doubt the NWNF companies will be interested.

Bwatz200sx

Ok thanks , I will post there reply I'm going to give it a go though even if it does cost a little to do it

Mark2spark

I agree with Vauban. Ok, divert and land due to the medical issue, but you should be up in the air again 90 mins or so later, surely?
So 25 hours total delay is a joke.

Bwatz200sx

Apparently on the day they said the crew that made the diversion for the medical emergency had used all there flying time up and they had to fly another crew out of Manchester to Florida on an earlier flight on the morning our flight was due to bring the plane back that is why the delay was so long as they had no other planes available , and our plane initially was on its way back from Barbados and diverted to Florida with the emergency , it all sounds a little bit suspicious to me ?

Vauban

Bwatz200sx wrote: »

Apparently on the day they said the crew that made the diversion for the medical emergency had used all there flying time up and they had to fly another crew out of Manchester to Florida on an earlier flight on the morning our flight was due to bring the plane back that is why the delay was so long as they had no other planes available , and our plane initially was on its way back from Barbados and diverted to Florida with the emergency , it all sounds a little bit suspicious to me ?

Doesn't sound suspicious. Sounds entirely credible, for an airline that runs at white heat with no reserve. But sending crews to other places is an operational decision, and not an extraordinary circumstance.

Bwatz200sx

Hi i received a response on friday , saying that they are declining my claim because the plane that was due to arrive in manchester to take us to florida was diverted because of a medical emergency and that it was out of there control , i understand that this is true but is it worth pursuing this on the grounds of the length of delay being nearly 24 hours ? as the plane that did eventually arrive to take us was not the plane that had been diverted , is it possible that they took the decision more to suit there on operational needs with the knowledge that they probably wouldnt have to pay compensation because of the medical emergency , rather that try and make the delay shorter be trying other options.

i would be grateful for some advice as to what to do next if anything at all or am i wasting my time ?

thanks

Nick

Vauban

Bwatz200sx wrote: »

Hi i received a response on friday , saying that they are declining my claim because the plane that was due to arrive in manchester to take us to florida was diverted because of a medical emergency and that it was out of there control , i understand that this is true but is it worth pursuing this on the grounds of the length of delay being nearly 24 hours ? as the plane that did eventually arrive to take us was not the plane that had been diverted , is it possible that they took the decision more to suit there on operational needs with the knowledge that they probably wouldnt have to pay compensation because of the medical emergency , rather that try and make the delay shorter be trying other options.

i would be grateful for some advice as to what to do next if anything at all or am i wasting my time ?

thanks

Nick

I don't think folk have anything to add to what you were already told. None of us can second-guess the court, I'm afraid. Your claim, though legitimate in my view, is not straightforward.

Bwatz200sx

I know it's only advice , but what could be my next step then ?

Thanks

Nick

Vauban

Bwatz200sx wrote: »

I know it's only advice , but what could be my next step then ?

Thanks

Nick

Your only recourse it to take the airline to court. See: http://forums.moneysavingexpert.com/showpost.php?p=62544483&postcount=2063

Bwatz200sx

Thanks or your help

Regards

Nick