Advice from contact centres

Sandtree

We were due to go away flying with Virgin and our destination required a Covid19 test to be done no more than 72 hours before our scheduled departure time and the results uploaded to the government website no less than 24 hours before departure (so a 48 hour window to have the test, get the results and upload it). So we duly booked our tests and had them at about 70 hrs 45 minutes before our departure to maximise the chances of getting the tests back in time. 

At approximately 64 hours before our departure time Virgin emailed advising that our flight had been rescheduled and would now depart a few hours later meaning our tests would be over 72 hours old. Great. Contact the Virgin Atlantic help line and whilst friendly/helpful they had no idea what was going on, no comms had been given out and they said they had several managers trying to work things out but at 10pm at night there was little they could do but said we should pay for new tests and submit the expenses for reimbursement.

So this is what we did, the clinic managed to fast track the tests and we got them back with a few hours to spare. NHS tests locally were few and far between, werent being offered for the purposes of holidays and even if you could get a slot were saying 48 hour turn around and cannot be chased until 72 hours.

So have now submitted our claim to Virgin Atlantic who have responded saying that under EU Regulation 261/2004 they are only responsible for additional accommodation costs etc therefore covid19 tests are not covered and they don't care what the contact centre said.

I dont think the EU regulation is relevant as we are talking a rescheduling not a delay and from what I know this isnt covered by the EU regs. What I don't know is how binding the contact centre's advise is? All elements were booked on a flexible basis and therefore could have simply been pushed back at no cost had the agent not said the costs would be covered but as they said it would be we saved the hassle and spent the ~£350 for two expedited tests.

I know the FOS don't take kindly to insurance agents saying one thing and the insurer not honouring it but have no idea legally what the stance is.

George_Michael

Can you remember if they stated anything about the call being recorded? and can you remember the approximate time that you called the Virgin help line?
If so, write or e-mail the Data officer at Virgin and state that you are making a "Subject access request" and you wish to be sent a copy of the phone call in question. Once you get this  (assuming that they have it), write to them again and submit a copy of the invoice for the 2nd test along with a transcript of the recording.
If they still refuse to pay, I would say that you have a very good case for legal action.

The Data Protection Officer

General Counsel’s Office,

The VHQ,

Fleming Way,

Crawley,

West Sussex,

United Kingdom,

RH10 9DF

email: data.protection@fly.virgin.com

Sandtree

I have the exact time of the call... was on the phone for almost 90 minutes (first hour was queuing) and wasnt how I was intending to spend the evening of my birthday. 

I spoke to them again in the morning and the second agent confirmed there were notes on the file advising to get a second test and submit the fees for reimbursement. 

The complaints team haven't denied that I was told to do this but basically have said its irrelevant as the EU Regs don't require them to cover such costs. The Regs to me are a red herring though but if you look at the T&Cs of the terms of carriage they require the rescheduling to be over 3 hours to be considered "significant" which it wasnt. Even if that was triggered it would only give me the right to reschedule or refund which are rights I already had under their Covid promise but because the agent said expenses would be reimbursed I chose not to exercise those rights.

bris

The call centre represents the company so anything they say should be honoured.

Sandtree

bris said:

The call centre represents the company so anything they say should be honoured.

You’d hope so but clearly there must be some limit, the agent couldn’t offer £1m compensation for messing up my birthday and then I force them to honour it. I’ve no idea where the obligation come from nor how this is limited in terms of agents that overstep the mark or are intentionally vexatious.

obviously we’re talking a more reasonable sum but should they have said pay & reclaim? Clearly I can’t judge as a punter.

George_Michael

Provided that you can get a copy of the recording, I would be very surprised if when presented with this along with a letter before action, Virgin didn't simply pay out for the tests.
I would hope that a judge in a small claims case would agree that it's reasonable for someone to think that a customer service agent represents the company they are employed by and anything that they offer will be honoured by the company.