Virgin Compensation

SolBl

Hi all,

I had a flight with Virgin Atlantic on the 4th of September, LAX-LHR, it was cancelled and we were put on a flight 5 hours later. Now I know usually this would mean I’m entitled to that £520 (like I was for the flight there which was also cancelled…).

I’ve applied for the compensation however they have rejected it saying they sent an email on August 3rd meaning they don’t have to provide any compensation, I never received this email, I’ve checked multiple times in all my inboxes including spam and I’m 100% certain I never received the email.
Do I have a leg to stand on here?

flaneurs_lobster

Do VA have an app with your booking details, boarding cards etc like most other airlines?

Would they have pushed a notification about flight cancellation to there?

la531983

Surely nothing is due as its essentially a five hour timing change notified a month in advance? When did you actually find out about it?

Woodstok2000

Have you asked them to re-send the email?

MyRealNameToo

https://forums.moneysavingexpert.com/discussion/6685043/virgin-compensation

Rules for cancelled flights are different, if you have more than 2 weeks notice you have no right for compensation. Instead you are entitled to either a full refund or to be rebooked on another flight. You were rebooked and took the flight, if you had less than 2 weeks notice then you are entitled to compensation on top if the rebooked flight is going to delay you

Woodstok2000

https://forums.moneysavingexpert.com/discussion/6685043/virgin-compensation

Did you book direct with Virgin?

la531983

https://forums.moneysavingexpert.com/discussion/comment/82153943#Comment_82153943

Suspect the argument here is they didnt get a months notice because they didnt see the email. But not sure how far that will get them, plus they dont actually say when they ACTUALLY found out (was it only when they got to the airport?)

SolBl

https://forums.moneysavingexpert.com/discussion/comment/82153854#Comment_82153854

They do have an app yes, but I don't think the app has the ability to push notifications, it certainly didn't

eskbanker

https://forums.moneysavingexpert.com/discussion/6685043/virgin-compensation

You might try citing article 5(4) to them?

The burden of proof concerning the questions as to whether and when the passenger has been informed of the cancellation of the flight shall rest with the operating air carrier.

https://www.legislation.gov.uk/eur/2004/261/article/5

However, chances are they'll be able to demonstrate that it would have been sent, but it does perhaps beg the question of why they didn't follow up after lack of a response, assuming that they'd have offered affected passengers the choice between a refund or a rebooking, in the expectation that everyone would choose one or the other?

Were there a whole planeload of passengers milling around LAX expecting the flight to go ahead and having to be accommodated on the later one?

Did you have any other email contact from them at any stage?

SolBl

https://forums.moneysavingexpert.com/discussion/comment/82153906#Comment_82153906

I found out the night before the flight when I went to double check the times on the app.

SolBl

https://forums.moneysavingexpert.com/discussion/comment/82153943#Comment_82153943

But my thought process is as I never received the email, I didn't get 2 weeks notice, technically I received about 12 hours of notice only because I checked the app.