Virgin Atlantic - getting refund for flights transitting USA?

vickdf

Hi folks,
Me and my partner recently bought flights to Sydney with Virgin Atlantic, which transitted through Los Angeles.  We are doctors who are exempt from the Australian border closure and have full visa, border travel exemption etc etc for Australia.  When booking the flight it said to ensure we checked the destination travel restrictions (Australia - we have been working on this for ages and so knew we were allowed in).  We booked the flight.  The next day someone informed us that we can't transit through the USA due to the Presidential Declation in January which is yet to be revoked.  We can't believe that Virgin is allowed to sell flights as a single package whereby it is illegal to enter the transit airport.  The exemptions to the US Presidential Declaration are if you are a US Citizen, or if it's in the US National Interest for you to travel, or other niche situations like being a foster child or fleeing persecution.  We were not alerted at all to this issue during the booking process, they didn't ask for nationality or any other details.
The flights cost £2200 each one way (?!!!!!), and are changeable but apparently not refundable. They charge an extra £1000 per ticket for them to be refundable.  Who would ever do that?   
They have refused a refund, but have offered a credit voucher which can only be used on Virgin Atlantic and only on the Premium class seats (the cheapest class they are running currently, but we would never normally fly anything other than economy).
Anyone know if this situation is:
a) illegal - it seems ridiculous that they can sell tickets for flights that the vast majority of people in the country can't board, without even a mention of this fact, when it has been this way for months but has received no publicity as such! 
b) how we could approach trying to force a refund?

Many Thanks!
Dave 

eDicky

In US airports there are no airside transit lounges and everyone needs to enter the country on arrival, so there is no staying in 'in transit' in the usual sense.

When it comes down to it, it's always the passengers' responsibility to ensure they are conforming to requirements and restrictions. You needed to do that in relation to USA as well as Australia to travel that route.

Neruda

I think you are snookered!

Perhaps think outside the box: contact a medical charity in or near to LA and offer to run a free clinic. That ought to make it in the US National Interest to let you in.

Westin

vickdf said:

 We can't believe that Virgin is allowed to sell flights as a single package whereby it is illegal to enter the transit airport.  

Well breaking this down, it is not ‘illegal’ for Virgin Atlantic to sell tickets on their flight as others may have a justifiable reason to travel and the correct US entry permits/visa.

Like all US airports there is not a transit area. You land and enter the USA. For you it might be a transit point but it is not a transit stop.

vickdf said:

Anyone know if this situation is:
a) illegal - it seems ridiculous that they can sell tickets for flights that the vast majority of people in the country can't board, without even a mention of this fact, when it has been this way for months but has received no publicity as such! 
b) how we could approach trying to force a refund?

a) It is not illegal. You just unfortunately do not have the correct entry permission for the USA. 

b) I would suggest drop the ‘force’ and take the calm and reasoned approach. Despite what you may think, unless the airline told you to the contrary, they have done nothing wrong.

If you booked via a call centre then you may possibility be able to highlight that the call handler should of perhaps drawn your attention to the situation about having an ESTA or visa for your LAX arrival.  If however you booked this yourself on the internet you may just be directed to reread the booking terms and conditions which you would have ticked as accepted. These make mention of the passengers responsibility to check for travel restrictions/visa etc.

It is a mess and one clearly you need the airline to help you with resolving. For that reason be nice to them when you call.

I would certainly ask nicely for a refund. Then start planning your trip again. Alternatively see if VAA can reroute you on shared or other carriers.  Flying via Singapore on an VS/SQ code share might be an option that they can offer.

Good luck.