Flight delay and cancellation compensation, Virgin Atlantic ONLY

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  • Robj241
    Robj241 Posts: 28 Forumite
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    I had a 5hr 47min delay on 23rd July Gatwick to Orlando (VS15), the plane from Orlando was delayed due to weather, but an alternative plane was sourced in the UK, but this had to be staffed etc.

    I claimed on the Virgin on line claims system and received this reply.


    The aircraft that was scheduled to operate your flight had to divert to Tampa due to bad weather. It waited in Tampa for the weather to improve however this took quite a while and result in our crew exceeding their hours leaving us no choice but to terminate the flight there. We looked to source an alternative aircraft for your flight and did manage to find one. However, it took time to prepare and cater this aircraft which meant a delay was unavoidable.

    Do I now reply with a LBA?

    Many thanks for any help.
  • Tyzap
    Tyzap Posts: 2,112 Forumite
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    Robj241 wrote: »
    I had a 5hr 47min delay on 23rd July Gatwick to Orlando (VS15), the plane from Orlando was delayed due to weather, but an alternative plane was sourced in the UK, but this had to be staffed etc.

    I claimed on the Virgin on line claims system and received this reply.


    The aircraft that was scheduled to operate your flight had to divert to Tampa due to bad weather. It waited in Tampa for the weather to improve however this took quite a while and result in our crew exceeding their hours leaving us no choice but to terminate the flight there. We looked to source an alternative aircraft for your flight and did manage to find one. However, it took time to prepare and cater this aircraft which meant a delay was unavoidable.

    Do I now reply with a LBA?

    Many thanks for any help.

    It's not a valid excuse for the avoidance of compensation so either dispute what they say or issue a LBA.

    Good luck.
    Please read Vaubans superb guide. To find it Google and then download 'vaubans guide'.
  • Robj241
    Robj241 Posts: 28 Forumite
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    UPDATE

    Sent an email reply saying that as a plane was available, then we were still entitled to compensation.

    This was the response.

    Further to your email regarding your EU Compensation Application in relation to the following flight:
    Booking Reference
    Flight Number
    Scheduled Date of Departure
    Departure Airport
    Arrival Airport
    EWY7FV
    VS15
    23 July 2018
    London Gatwick
    Orlando
    Having reviewed your claim, please be advised that in accordance with regulation EU261/2004, we will now settle your claim in respect of the following passengers.....


    MANY THANKS TO THIS SITE FOR INFORMING ME HOW TO CONTINUE TAKING THIS FURTHER. :beer:
  • JPears
    JPears Posts: 5,086 Forumite
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    Well done.
    Once again we see an example of an airline dismissing your claim out of hand.
    How many were on your flight? Several hundred minimum?
    How many who actually claimed? 50-70%
    How many of those just accepted VA's fob off? 50-70%
    End result, very few people receive compensation they are entitled to and the airlines are leagally obligated to pay.
    It is a disgusting state of affairs.
    Can I suggest you write to the CAA to make a complaint about Vas ignoring the law initially?
    If you're new. read The FAQ and Vauban's Guide

    The alleged Ringleader.........
  • rsspence
    rsspence Posts: 170 Forumite
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    Hello All


    My family and I experienced a flight delay to Orlando 27/12/2014. We took off 3 hours late but landed according to my memory 2 hours 45 minutes late. This I therefore thought was not enough of a delay to put in a claim. This I was very disappointed about particularly as this had several major knock on effects on the first day/night of the holiday. I have now noted that the delay includes 'door open' as part of the delay. Is it worth trying for compensation as landing to doors open would likely add on at least 15 minutes extra so delaying for over 3 hours.


    I have not been able to confirm the delay as yet so any advice would be great.
    Thanks
    Trying my best to save where I can......
  • jpsartre
    jpsartre Posts: 4,085 Forumite
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    rsspence wrote: »
    Is it worth trying for compensation as landing to doors open would likely add on at least 15 minutes extra so delaying for over 3 hours.


    Who knows, it depends on when the doors opened. You could file a complaint with AviationADR (a free service) and see what Virgin says. Of course, the delay has to be caused by extraordinary circumstances for you to be entitled to compensation, even if the doors opened more than 3 hours after scheduled arrival.
  • Tyzap
    Tyzap Posts: 2,112 Forumite
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    jpsartre wrote: »
    Of course, the delay has to be caused by extraordinary circumstances for you to be entitled to compensation,

    You have that 100% wrong.

    If it was due to an EC the airline would be exempt from paying compensation.
    Please read Vaubans superb guide. To find it Google and then download 'vaubans guide'.
  • jpsartre
    jpsartre Posts: 4,085 Forumite
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    Tyzap wrote: »
    You have that 100% wrong.

    If it was due to an EC the airline would be exempt from paying compensation.


    My bad, there was a 'non-' missing in front of 'extraordinary circumstances'. Thanks for clarifying.
  • rsspence
    rsspence Posts: 170 Forumite
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    It was a 'technical issue'. Shouldn't I go direct through Virgin first and see how I get on? Just stating what I understand the factors are and perhaps mentions the additional times to doors open?
    Trying my best to save where I can......
  • Caz3121
    Caz3121 Posts: 15,545 Forumite
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    what was your starting airport? do you have the flight number?
This discussion has been closed.
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