Flight delay and cancellation compensation, Virgin Atlantic ONLY

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  • RosPQ
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    Hi has anyone had problems with virgin offering compensation for one passenger when two were claimed for? They have cleverly used the word claims once in their email and have not responded to any emails asking for clarification if they have considered the second passenger / it was all done on one claim form and attached consent completed . A suspicious person might think they are trying to get me to settle for one when two are due and then avoiding contact in the hope that I will panic and redeem the claim before the 21 days elapse.
    Thinking of now going legal if I don’t hear from them soon.
    Any advice ?
  • JPears
    JPears Posts: 5,086 Forumite
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    It may be intentional, if that happens, it may just be lazy/untrained staff (as ssems to be the case with alot of claims departments now).
    Did any form you returned have anything like the words "in full and final settlement"?
    If nothing like this and you only get paid for one person, just put in another claim with a time limit, say 3 weeks for payment. Dictate your own time frame.
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  • RosPQ
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    Thank you - yes the email did say ‘in full and final settlement of your claims’ which makes me think they are trying to mislead - if we redeem this they will say we accepted the payment even though the amount relates to only one passenger.
    Any subsequent claim by the second passenger would then be refused I imagine using this.
    So I’m not going to redeem until they clarify and they are not responding. If needs be I will take down the legal route even in principal as I don’t like underhand behaviour.
    I was just wondering if anyone else had a similar experience
  • ReetKaur
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    Hi

    I am wondering if anyone could help me with this. I am self employed. My VA flight from Vegas to London was delayed by 24 hours in September. I am going to claim compensation for the delay under the EU rules. However, due to this delay, i also lost 1 day's work and earnings. Should the airline compensate me for the lost earnings as well? Is it worth raising such a claim?
    Really appreciate any suggestions and advise! :)
  • Justice13075
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    The short answer is No. Did you have any travel insurance that covers this?
  • ReetKaur
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    No i didn't :(
  • Caz3121
    Caz3121 Posts: 15,545 Forumite
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    ReetKaur wrote: »
    My VA flight from Vegas to London was delayed by 24 hours in September.
    what was the reason for the delay?
  • ReetKaur
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    Caz3121 wrote: »
    what was the reason for the delay?


    It was an issue with the plane's wing. Technical fault.
  • cambup
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    Did a scan of these pages and couldn't see a situation similar to one I had last week. Flying from JFK to LHR last Thursday (15th Nov), Flight was due to take off at 8pm and didn't get airborne til after 1:30am and arrived at Heathrow over 6 hours late.

    Contacted Virgin and they have declined my claim on the grounds of extraordinary circumstances which couldn't have been avoided if all reasonable measures had been taken. I have been told "The weather caused a delay in our crew getting to the airport to operate your flight, and delays on the taxiway due to aircraft congestion"

    There was some snow in the afternoon, and we were told repeatedly that they delay was caused by the crew not being at the airport. The captain also confirmed this when they did arrive and we got on the plane and said they were in the hotel lobby for over 5 hours waiting for their transport to arrive to take them to the airport.

    This does not to me seem like a situation beyond Virgin's control.

    The "weather" was forecast at least 24 hours in advance giving them ample time to prepare.
    There were I would guess at least 200 passengers sitting at the gate waiting hours before the crew arrived who had somehow managed to get to the airport (I took the subway which was running without interruption). Is there a reason the crew cannot take public transport? Presumably they could also have taken taxis rather than waiting for their designated bus?

    The airport was not closed to take-off/landings at any point so is the fact their crew were delayed any kind of reason to deny me compensation?


    Thanks in advance for any thoughts.
  • Tyzap
    Tyzap Posts: 2,112 Forumite
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    Hi Cambup,
    Your thoughts are correct, weather has to directly affect your flight (aircraft) to be called an ‘EC’, which does not count in the case of late arriving crew.
    Contact them again disputing their reasoning and if they won’t change their mind ask for a deadlock letter, affectivly closing your case. Then go to ADR as an alternative way forwards, they should find in your favour imho.
    Good luck.
    Please read Vaubans superb guide. To find it Google and then download 'vaubans guide'.
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