Compensation for delayed flights Discussion Area

JPears

Tyzap wrote: »

LondonGirl556,


The CAA will be all over them like a rash;)

Good luck.

Oh he's funny, so funny....

SuperOwl86

Evening everyone I am looking for some advice.

Yesterday soon as I got off flight VS86 into Manchester I filled the form out on Resolver.

I have had the following replys

Thank you for contacting us.


Your claim has been logged into our system and your reference number is
VSCR-000*****.


We will get back to you, at this email address, within the next 28 days.
If your email contact details change, please let us know so that we can update our records.


If you’re making a claim for others and you haven’t attached the completed
authorization forms to your on-line application, please send them by post to:
Virgin Atlantic Customer Relations
The Base
Fleming Way
Crawley
RH10 9LX


Quoting your claim reference number. Once we have received these forms we will
attach them to your claim file and respond within the following 28 days.


Thank you for your patience while waiting for our reply.


Kind regards

This afternoon I have had a further message from Virgin

Dear Sir

Thank you for your recent correspondence, from which I understand you wish to make a claim for financial compensation as a result of your flight being delayed.

Under the requirements of EU regulation 261/2004 establishing common rules on compensation and assistance to passengers in the event of denied boarding, cancellation or long delay of flights, passengers may be eligible to claim compensation if their flight is cancelled within two weeks of the departure date, or if the arrival of their flight is delayed by more than 3 hours.

Compensation will apply only if the delay in arrival time is over 3 hours, or if the cancellation was made within 14 days of departure, and the delay or cancellation was not caused by 'extraordinary circumstances' which could not have been avoided even if all reasonable measures had been taken. Such circumstances include, but are not limited to, cases of political instability, meteorological conditions, security risks, unexpected flight safety shortcomings and strikes which affect our ability to operate.


The EU Claim Application process is entirely separate to our Customer Relations and feedback service. Any person who wishes to make an application for compensation can do so by reading the advice, and completing the ‘EU Compensation Application Form’, which can be found at:

https://my.virginatlantic.com/euclaim/


If you do not have access to the internet facilities, you can call our EU Compensation Claim Form Request service on:

0844 8715612 (from the UK)
+44 844 8715612 (from outside the UK)

You will then need to leave your full name and address. An application form will be sent to you by post, which can be completed and returned to the address provided.

In order for any applications to be processed, the following information must be completed on the application form:

- Passenger’s full name and date of birth (as shown on their booking and passport on the date of travel or when the booking was cancelled)
- Scheduled departure date of the originally booked flight
- Flight number and route

If these details are not included, we will not be able to identify or authenticate your claim and your application will be rejected until we have been provided with the information needed to assess your application.

Please be aware that if you are intending to make a claim on behalf a group, for example if you have travelled as a family, a claim form must be completed for each individual passenger that wishes to make a compensation claim. Our claim handlers will process the applications in order of the date the completed forms are received.

Once we have received your completed claims form, we will send you an acknowledgement of receipt within 14 days. Our claim handlers will process the applications in order of the date the completed forms are received. While we endeavour to respond as quickly as possible, we must advise that this may take up to twelve weeks.

Kind regards

Customer Relations

I was under the impression that I was to do everything via Resolver but the last reply makes out that I need to fill out a form via the Virgin Atlantic link.

Would I be right in assuming the last part?

Ro13ert

Hi,

I was recently delayed 24 hours flying out of Edinburgh to Newark for 5 night stay in New York. When the agent was rebooking us the flights she asked if we wanted to move our return day a day later since we had missed 1 day to which we agreed. When we got to the hotel we paid for the additional night stay at the end of our current booking but because we missed the first night which we had already paid for because of the delay we were now $500 out of pocket. Is it true that the airline can refuse to pay out compensation for anything that was booked and paid for regardless of the fact that it was their fault that we were delayed 24 hours and lost a full night stay in the hotel? Any advice would be greatly appeciated as I don't believe this can be true?

Thanks

leylandsunaddict

Ro13ert wrote: »

Hi,

I was recently delayed 24 hours flying out of Edinburgh to Newark for 5 night stay in New York. When the agent was rebooking us the flights she asked if we wanted to move our return day a day later since we had missed 1 day to which we agreed. When we got to the hotel we paid for the additional night stay at the end of our current booking but because we missed the first night which we had already paid for because of the delay we were now $500 out of pocket. Is it true that the airline can refuse to pay out compensation for anything that was booked and paid for regardless of the fact that it was their fault that we were delayed 24 hours and lost a full night stay in the hotel? Any advice would be greatly appeciated as I don't believe this can be true?

Thanks

It's perfectly true. Airlines at not responsible for consequential loss. You only book a flight through them, so everything else you book separately has nothing to do with them. You would need to look to your travel insurance to try to reclaim the lost hotel night.

You can however claims EU261 delay compensation (depending on what the reason for the delay was). You would need to claim that direct from the airline.

Tyzap

Ro13ert wrote: »

Hi,

I was recently delayed 24 hours flying out of Edinburgh to Newark for 5 night stay in New York. When the agent was rebooking us the flights she asked if we wanted to move our return day a day later since we had missed 1 day to which we agreed. When we got to the hotel we paid for the additional night stay at the end of our current booking but because we missed the first night which we had already paid for because of the delay we were now $500 out of pocket. Is it true that the airline can refuse to pay out compensation for anything that was booked and paid for regardless of the fact that it was their fault that we were delayed 24 hours and lost a full night stay in the hotel? Any advice would be greatly appeciated as I don't believe this can be true?

Thanks

Hi Ro13ert,

The flight delay compensation regulations (EC261/2004) cover you for compensation in relation to flight delays only.

You can still claim other expenses and cost back from the airline, just not as a part of the flight delay regulations.

This is what the regs say about claiming further costs.....

In any event, passengers who feel that they are entitled to have more of their expenses reimbursed or to obtain compensation for damage suffered as a result of a delay, including expenses, retain the right to base their claims on the provisions of the Montreal Convention, as well as Article 3 of Regulation (EC) No 2027/97 and to pursue the air carrier through a national court procedure or address themselves to the competent national enforcement body. In some Member States passengers may have to address themselves to alternative dispute resolution for consumer disputes entities

Good luck.

Vauban

If you paid for the flights with a credit card, some people argue that the card provider is jointly liable for consequential losses.

symphony63

SuperOwl86 wrote: »

Evening everyone I am looking for some advice.
I was under the impression that I was to do everything via Resolver but the last reply makes out that I need to fill out a form via the Virgin Atlantic link.

Would I be right in assuming the last part?

I dealt a few times with Virgin and using their online form is the quickest way.
I would only use Resolver as a last resort, if that.

Tyzap

Tyzap wrote: »

Hi Ro13ert,

The flight delay compensation regulations (EC261/2004) cover you for compensation in relation to flight delays only.

You can still claim other expenses and cost back from the airline, just not as a part of the flight delay regulations.

This is what the regs say about claiming further costs.....

In any event, passengers who feel that they are entitled to have more of their expenses reimbursed or to obtain compensation for damage suffered as a result of a delay, including expenses, retain the right to base their claims on the provisions of the Montreal Convention, as well as Article 3 of Regulation (EC) No 2027/97 and to pursue the air carrier through a national court procedure or address themselves to the competent national enforcement body. In some Member States passengers may have to address themselves to alternative dispute resolution for consumer disputes entities

Good luck.

Interesting that the above article says...

In some Member States passengers may have to address themselves to alternative dispute resolution for consumer disputes entities.

Suggesting that the ADR service can be used to pursue claims for costs and expenses in addition to a compensation claim. I haven't seen any claimant try it yet tho.

Being a little unsure on this matter I have just called CEDR and asked them this question.

Their reply is that they can look into a claim for costs and expenses, either independently or in addition to a 261 compensation claim, of up to £10,000. This then becomes a viable alternative to the MCOL route, even tho the enforcement side of CEDR is still debatable.

Vauban

That's a great bit of Intel! Do we have a comprehensive list of which airlines use CEDR?

Tyzap

Which airlines do we cover?

In order for CEDR to adjudicate a dispute the airline must have already subscribed to CEDR in order to give us the necessary powers to adjudicate.

We are currently adjudicating disputes related to Thomson (since the 1st February 2016), British Airways (June 2016), Thomas Cook (July 2016) and easyJet (August 2016).

Link to CEDR rules (as of 1st April 2017)...
https://www.cedr.com/aviation/docslib/11-cedr-aviation-adjudication-scheme-rules-3rd-edition-final.pdf?v=1490975067