Denied boarding?

Annakathryn

Hi, just had our claim for Virgin 24 hour delay denied. They say it was not a delay but denied boarding....we were delayed for 24 hours they have not said why, just that we cannot claim compensation as we were denied boarding along with the whole plane but not delayed.....can you shed any light ?

Vauban

Annakathryn wrote: »

Hi, just had our claim for Virgin 24 hour delay denied. They say it was not a delay but denied boarding....we were delayed for 24 hours they have not said why, just that we cannot claim compensation as we were denied boarding along with the whole plane but not delayed.....can you shed any light ?

Wow - that's a bit odd!

Denied boarding is when your scheduled flight departs (either on time or late) but you are not allowed to take it. It happens most often in the context of over-booking. Or if a plane has broken, and a smaller substitute is sent out, then obviously some people are left behind. So by definition all of the passengers cannot be denied boarding.

What makes this doubly odd is that if you are denied boarding, the legal defences usually available to an airline under Regulation 261/04 are no available: basically they have to pay up (denied boarding is still covered under the Regulation).

So Virgin's response makes no sense at any level. But as you'll see from others' experience on the Virgin thread (where you should post), Virgin's way of operating tends to be to deny everything and then pay up once court proceedings are started.

You probably therefore know what you have to do ...

yosemite_sam

i sent a claim letter for denied boarding,as the plane was too small for everyone and my family were left behind til another plane became available 6 hours later,got an email back with the "extra ordinary standard letter denied compensation",whats my next move please?

111KAB

yosemite_sam wrote: »

whats my next move please?

Post on airline thread appropriate to your cancellation then either court action by yourself or through NWNF firm or walk away.

Vauban

Unluckily for them, I don't believe the regulation allows the airline to claim "extraordinary circumstances" for denied boarding (para 15 only mentions delays and cancellations). And the Finnair judgement confirms that. So write them a Notice Before Action letter, and then start proceedings. You are on a sure fire bet.

Mark2spark

Yes Sam, NBA (in the FAQ's) is next..... as I predicted lol