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#935677 by Gritty12
01 Jun 2017, 15:54
Hello,
Looking for a bit of advice. I have just arrived back from the states. I had flights booked with Virgin/Delta.
On my return journey I received a text from Delta a few hours before my flight, just before I arrived at O’Hare airport to say my flight had been delayed and would now depart at 7:19pm instead of 4.25pm. This would mean I would miss my connecting Virgin flight at JFK.

When I arrived at the airport I told the man at the front desk. He checked and placed me on standby for the flight earlier in the afternoon (which also had a delay) and said that I had a very good chance of making that flight.
Shortly after arriving at the gate the woman at the front desk called me over. She informed me that there was no chance that I would get onto the flight as it was actually overbooked by two passengers. She said I could either stay on my original flight which would mean I would miss my connection and have to wait until 8.10am the next morning to catch the Virgin flight (This would mean having to pay for overnight accommodation and also missing my final flight back to Aberdeen) or she could put me on a United Airlines flight direct from Chicago that evening that would arrive back in London in the morning.

I had used a Virgin Atlantic Credit Card Premium Economy upgrade for the flight home as it was a night flight and I wanted to be as comfortable as possible. So in total it cost me £300 + 35,000 miles and the premium upgrade voucher. Due to the fact that Delta placed me on a United flight I did not get to travel with Virgin Atlantic in Premium Economy so my voucher was effectively not used.

Can anyone advise me on how I should go about making a claim and what I can expect to get back? I don’t know if anyone has ever flown United Airlines but I have to say it was pretty bad. The ‘Economy’ seating was horrendously tight and the food/entertainment systems were not up to much at all. I flew Economy with Virgin on the way over and I couldn’t have had a more pleasant flight. I was really looking forward to my meal etc. on the plane.

Another thing, as well as the original delay with Delta, my United flight ended up being delayed for around 3 hours due to a fault with the plane and having to wait for a replacement. Should I contact United as well? It’s a very long winded and confusing situation to try and explain over the phone.

When I spoke to a rep at Virgin I mentioned that the times between my flight connections were far too short and that there was no way if my flight had not been delayed leaving JFK on the way over that I would have cleared customs and collected my bag in time to catch it and he said that each airport has their own guidelines in relation to connection times. He also made reference to the fact that since it was my choice to fly with Delta that it wasn’t Virgin’s responsibility, to which I corrected him as it wasn’t my choice, Virgin stopped the direct route and re-booked me onto connecting flights with Delta.
#935679 by SlimpyJones
01 Jun 2017, 16:34
Ouch... sounds like a bit of a minefield.

I believe julmops had a similar issue (see his TR here) and in the end he had to go to Delta to pursue compensation as it was their delay that resulted in the problems (and got a $1000 voucher in comp!).
As far as your E->PE voucher I would certainly contact VS to seek getting that back on your account. I'm afraid I'm not sure what the recourse is regarding the cash fee you paid.
As for your delay with UA, legally speaking I don't believe so as EU261 does not cover US departures on US carriers. That being said you may be able to get some kind of voucher from them if you were so inclined.

Hopefully that provides some kind of direction but I'm not sure about the specifics. Fingers crossed someone else can weigh in...
#935682 by gumshoe
01 Jun 2017, 21:32
SlimpyJones is correct: because you agreed to fly home with United you are not eligible for any compensation under EC261/2004. The USA does not have a comparable scheme so you are at the mercy of the airline which may or may not decide to offer a goodwill gesture.

I would certainly put in a complaint with Delta as it was their delay - I'd be surprised if they didn't make some gesture but they're not legally obliged to.

And yes, definitely chase Virgin to get your PE upgrade voucher and taxes & fees back. I can't see any reason why they'd refuse.
#935698 by Sealink
02 Jun 2017, 20:36
That is a mess.
It's always amazing how quickly joint partnerships break down when something goes wrong.

I think you are entitled to EU261 even if you accepted another flight as it is to an EU country. Worth a try...
#935702 by gumshoe
02 Jun 2017, 21:01
Sadly not Sealink.

EC261/2004 applies to all flights departing EU countries, but for arrivals it only applies to flights on EU-based airlines.

As the OP accepted a United flight back to London, EC261/2004 doesn't apply. They will have to rely on the goodwill of United and/or Delta.
#935704 by TimCrawley
02 Jun 2017, 21:21
EC261/2004 applies to all flights departing EU countries, but for arrivals it only applies to flights on EU-based airlines


As Gumshoe says the return leg compensation is rigidly tied to the metal you are flying on. So, even a delay on the return leg back to the UK on a fully VS website booked round trip where the return leg was actually a VS codeshare with Delta and operated by Delta metal would not be covered by EC261/2004 (whereas the same itinerary, even if all booked directly with Delta, but where the outward leg was on Delta metal but the return leg was operated on VS metal would be covered in both directions).
#936842 by Gritty12
25 Jul 2017, 14:56
Thanks for the help/advice guys!

Just a quick update on this. I received $100 voucher to use on United Airlines, $125 from Delta for my first flight delay and $1,000 voucher (almost fell out of bed when I seen it) for the return journey issues! In the email they said the following.

'Since you were ticketed with Virgin Airline, I request you contact them to issue a refund in the difference in fare for that segment. I've forwarded your message to them and they'll respond to you directly. If Necessary their contact information is listed below.'

This was received on the 7th July and I have not received any further communication from Virgin.
Virgin Atlantic

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