Compensation for delayed flights Discussion Area

Amy_Mann

Hello, can anyone help me please?

3 years ago my Virgin flight for Orlando to Gatwick was cancelled and we were placed on another flight, one day and three hours later. I applied for compensation last year but got told that it was due to weather and myself and my family were not entitled to anything.
A few weeks ago my sister and her family applied for compensation for the same flight, that they travelled on with us. They received the maximum compensation within 2 weeks for each member of their family. I assumed I had filled in the information wrong so I applied again, with my sister telling me how to do it. I have again been immediately rejected. There is no contact information on the email and I'm not sure what to do next but surely if she has received the compensation then my family are also entitled to it?
Any advice is appreciated, thanks in advance,
Amy

David_e

Amy_Mann wrote: »

Hello, can anyone help me please?

3 years ago my Virgin flight for Orlando to Gatwick was cancelled and we were placed on another flight, one day and three hours later. I applied for compensation last year but got told that it was due to weather and myself and my family were not entitled to anything.
A few weeks ago my sister and her family applied for compensation for the same flight, that they travelled on with us. They received the maximum compensation within 2 weeks for each member of their family. I assumed I had filled in the information wrong so I applied again, with my sister telling me how to do it. I have again been immediately rejected. There is no contact information on the email and I'm not sure what to do next but surely if she has received the compensation then my family are also entitled to it?
Any advice is appreciated, thanks in advance,
Amy

There is a Virgin thread; it's better to use airline specific threads.

Either they paid your sister in error or they are really playing silly devils. Assuming it's the latter, I suggest you read Vauban's excellent guide which gives you very detailed information on how to pursue a claim.

DIYBaldyman

Amy_Mann wrote: »

Hello, can anyone help me please?

There is no contact information on the email and I'm not sure what to do next but surely if she has received the compensation then my family are also entitled to it?
Any advice is appreciated, thanks in advance,
Amy

It's possible that someone at Virgin made an error in authorising your sisters payout, but unlikely & in any case they've set a precedent for that flight by doing so.

Download & read Vauban's guide. Once you've read & understood that, instead of using Virgin's own claim forms, write a LBA to Virgin & include reference to your rejection letter & also a reference to your sisters settlement (include your sisters details, case reference number, date & amount of the payment etc...).

Once they receive that they should hopefully pay out.

Tyzap

Hi Amy,

It sounds bonkers doesn't it.

Virgin would not have given your sisters family compensation if it was not, due so you should also receive 600 euros for each qualifying passenger.

Try to phone them, I don't have a number, and put your case. If there is still a problem issue them with an LBA (see Vaubans guide for details) or go down the NWNF route which will cost you around 30% plus of your compensation.

I would also make it clear to them that you will be making a complaint to the CAA about the way they handle complaints. The CAA will not take up your case for compensation as the flight departed from outside the EU. They will be (or should be) very interested tho to hear the details of how Virgin have treated your request for compensation. The contradiction between cases tells a story, and it's not a very honest one!

Virgin are regulated by the CAA so they have the powers to make the airlines deal with complaints in a fair and honest way, sometimes they just need a little coaxing.

Good luck.

JPears

Perusing the reg 261/2004 to answer some questions about refunds and compensation, I've noted that Article 6 regarding delays states that if more than 5 hours delay, your are only entitled to a refund, not re-routing ie Article 8 1. (a) only not 8. 1. (b) or (c).
Or was this "trumped" by Sturgeon?

Tyzap

Sturgeon enhanced the regs and states...

passengers delayed for three hours or more should be treated identically under the Regulation as those whose flights were cancelled.

and cancellation includes re routing.

Kathomson

Could anyone tell me if they think I have grounds for compensation please. We recently booked a flight with Vueling Airlines which was due to take off at 9.10am at LeedsBradford Airport. Due to snow ( in April!) the captain chose to land his plane at Manchester and we had to be taken by bus over there. All the other flights at LBA landed and took off, albeit a bit late. Our flight finally departed at Manchester at 17.15pm, some 8 hours late. Vueling say that as we took the alternative flight we are not entitled to compensation however our boarding passes show that the Manchester flight was scheduled to leave at 11.10am - we were still on the M62 at this time - and so I would argue that we were delayed by 6 hours at Manchester. Any thoughts please. Incidently, we were at no time offered apologies for our delay or even any refreshements by the Vueling staff. Thanks

Tyzap

Hi Kath,

No I'm afraid that, other than a duty of care, you are not due compensation as your flight was directly affected by a weather related problem.

The fact that other aircraft seemed to be landing or departing doesn't really come into it.

Leeds is a difficult airport to land at when the weather is against you.

Sorry.

JPears

This is a tricky one.
You were ticketed from LBA to ?
Was this on Friday 29th April? If so you are not due compensation as the delays /diversions were caused by weather - almost the only EC. Many flights were delayed from LBA up until 11am, as despite very advanced warning of the snow LBA (the highest commercial airport in the UK) always seem incapable of clearing the runway BEFORE the first flights at 6.20 am. And there was less than 3 inches, not the 6 quoted by the airport. I live at the same height and within spitting distance of the runway.
If you obtained a refund and then got another ticket from Manchester, then strictly you maybe due compensation. But you were effectively rerouted due to weather, so unlikely any compensation due. Sorry.

Kathomson

Thanks for the replies. We were ticketed to fly to Barcelona. Seems so unfair really that we get no compensation after we had such a great delays at both airports. I was under the impression that the first flights left LBA at around 10am but couldn't be sure. I had hoped that the fact that the boarding passes for the Manchester flights show that our flight from there was delayed by 6 hours and there was no snow in Manchester at all, therefore no reason for the delay, might mean some compensation for our loss of time. It was most annoying as it was my 50th birthday and originally we were going to take the 17.15 flight from LBA but opted to leave on the morning flight in order to get the extra half day in Barcelona - best laid plans and all that... Definitely won't be flying with Vueling again anyway as they were so incredibly disorganised and offered no apology when we finally boarded a plane.