Denied EU compensation due to 'Extraordinary circumstances'

missdisgruntled

Hi Everyone,
I am sorry if this has been done to death, but I couldn't find anything specific when I looked.
Our party of 4 flew out last year from Gatwick -Vegas. We were delayed nearly 23 hours. Were not given much of a reason at the time.
Decided to apply for compensation but have been denied due to the dreaded 'extraordinary circumstances'
Virgin have said that the 'wing landing door was damaged by the door fairing and the door fairing had unexpectedly become unaligned as a result of the airflow'
They've further said that the problem was due to' unforeseen damage, not a faulty component.'
The reason there was not a replacement service put on sooner was because the fleet was undergoing a refit and the replacement aircraft was in Japan awaiting the refit at the time.
Do I have to just roll over now and accept that there's nothing further I can do or is it worth pursuing?
Thank you in advance

richardw

Please re-post in the Virgin thread and read the FAQs at the start of the Virgin thread.