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Can Virgin move a scheduled flight from Gatwick to Heathrow or will it be classed as cancelled

Dunas
Dunas Posts: 26 Forumite
10 Posts
edited 19 May at 4:44PM in Coronavirus Board
We were due to fly from Gatwick to Orlando on 26th July on a 747, we had already decided that our family of 10 would probably not want to risk travelling this year as two of our party are at High Risk from the Virus and so we were unsure if we would lose our £12,000 (premium seats for all the family as it was a once in a lifetime holiday), get a refund if Virgin weren't flying, reschedule or take a voucher for a later date. With yesterday's news it's obvious that we won't be flying on our original flight from Gatwick, Virgin have emailed to say that they will be in touch to discuss our options, I'm guessing they will want to persuade (or tell) us to fly from Heathrow, I know the EU regulations state that moving you to a different scheduled flight constitutes a cancellation with one of the options being a refund but I was wondering if Virgin could simply rename a new flight (presumably on a different plane as they have said they are to stop flying the 747's) the same flight number and claim it is the same scheduled flight as the one we booked?
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Comments

  • bradders1983
    bradders1983 Posts: 5,684 Forumite
    1,000 Posts Third Anniversary Name Dropper
    edited 6 May 2020 at 9:56AM
    For a Virgin Holidays booking it wouldnt be classed as a significant change that is significant enough to trigger cancellation. No idea about flight only.

    I suspect it gets cancelled anyway given its only July.
  • bagand96
    bagand96 Posts: 6,622 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    edited 6 May 2020 at 3:04PM
    Virgin do not operate Heathrow - Orlando currently (pre-Covid-19).  So they wouldn't be simply "renaming" a flight.  If they planned to operate for example VS123 LGW-MCO and have decided there will be no more LGW departures then they could in theory move VS123 to Heathrow.  Aircraft type is not relevant, all airlines plan a schedule around aircraft types but they are always subject to change.

    There are plenty of routes Virgin operate from Gatwick that they don't operate out of Heathrow, there's very little overlap.  So some Gatwick flights may well be moved across to Heathrow.  Where that leaves you in respect to refund rights etc I am unsure.

    I'd agree it's highly unlikely your flight to Orlando will happen in July regardless of which London airport it may or may not depart from.
  • paye
    paye Posts: 449 Forumite
    Part of the Furniture 100 Posts Combo Breaker
    Check out clause 7, this may come in useful. 
    ===================

    (7) Notwithstanding paragraphs (2) to (6), in the event of unavoidable and extraordinary circumstances occurring at the place of destination or its immediate vicinity and which significantly affect—

    (a)the performance of the package, or

    (b)the carriage of passengers to the destination,

    the traveller may terminate the package travel contract before the start of the package without paying any termination fee.

    (8) Where the package travel contract is terminated under paragraph (7), the traveller is entitled to a full refund of any payments made for the package but is not entitled to additional compensation.


    https://www.legislation.gov.uk/uksi/2018/634/regulation/12/made
    Save Save Save:o

    SPC 593 paye:o
  • bradders1983
    bradders1983 Posts: 5,684 Forumite
    1,000 Posts Third Anniversary Name Dropper
    London is still the place of destination though.
  • Socajam
    Socajam Posts: 1,238 Forumite
    1,000 Posts Second Anniversary Name Dropper
    With all the changes taking place, Virgin may have a good case to change your flight to Heathrow - we are living in a changing world.
    The rules that was fine 4 months ago, may not be the same today.
    Anyway drump still have to open up the country to foreigners, so your flight may be cancelled.
  • Life__Goes__On
    Life__Goes__On Posts: 2,746 Forumite
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    London is still the place of destination though.
    I wonder how it's defined legally  as Gatwick is not London

    New User name as MSE gave me a number in my old one.
    " I am not a number! I am a free man!"

  • bradders1983
    bradders1983 Posts: 5,684 Forumite
    1,000 Posts Third Anniversary Name Dropper

    London is still the place of destination though.
    I wonder how it's defined legally  as Gatwick is not London

    London Gatwick. London Heathrow.

    I would wager the legal bods at Virgin have done more research into it than we have, though.
  • Life__Goes__On
    Life__Goes__On Posts: 2,746 Forumite
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    I'm sure they have, but  what is the advice?
    Is it we are covered to moving to Heathrow,  or  if anyone complains, we will say you "have to accept"  if they still complain  give them a refund.
    New User name as MSE gave me a number in my old one.
    " I am not a number! I am a free man!"

  • bradders1983
    bradders1983 Posts: 5,684 Forumite
    1,000 Posts Third Anniversary Name Dropper
    No idea. They moved a Vegas route from Gatwick to Heathrow in recent times, maybe someone will remember what happened there.
  • Life__Goes__On
    Life__Goes__On Posts: 2,746 Forumite
    1,000 Posts Third Anniversary Photogenic Name Dropper
    No idea. They moved a Vegas route from Gatwick to Heathrow in recent times, maybe someone will remember what happened there.

    Just reading about that, looks like there was 10 months notice, so unlikely to be that many affected by that change.

    New User name as MSE gave me a number in my old one.
    " I am not a number! I am a free man!"

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